Exhibit 10.63
AMENDMENT NO. 1 TO REVOLVING
CREDIT AGREEMENT
AMENDMENT NO. 1 TO REVOLVING
CREDIT AGREEMENT , dated
as of March 12, 2007 (the “ Amendment
” ), by and between ALLIANCE HOLDINGS GP, L.P., a
Delaware limited partnership (the “ Borrower
” ), and C-HOLDINGS, LLC, a Delaware limited liability
company (the “ Lender ” ).
Recitals:
WHEREAS, the Borrower and the Lender
are parties to that certain Revolving Credit Agreement, dated as of
May 15, 2006 (as amended, modified or supplemented to date,
the “ Credit Agreement ” ; capitalized
terms used herein without definition shall have the meanings
ascribed to them in the Credit Agreement), pursuant to which the
Lender has made available to the Borrower a revolving credit
facility in the amount of up to $5,000,000, subject to the terms
and conditions set forth therein; and
WHEREAS, the Borrower and the Lender
desire to (i) reduce the amount of the revolving credit
facility to $2,000,000 from $5,000,000, (ii) extend the
Termination Date and (iii) eliminate the Commitment Fee
payable under the Credit Agreement, all upon the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of
the premises and the mutual covenants and agreements herein
contained, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
Borrower and the Lender hereby agree as follows:
SECTION 1. Amendments to the
Credit Agreement . The Credit Agreement is hereby amended as
follows:
(a) Amendment to Definitions
. Section 1.1 of the Credit Agreement entitled Definitions is
hereby amended as follows:
(i) The defined term
“Commitment Fee” contained in Section 1.1 of the
Credit Agreement is hereby deleted in its entirety.
(ii) The definition of
“Revolving Loan Commitment” contained in
Secti
