EXHIBIT 10.63
Contract #96-412-026
Hopkins County Coal, LLC
Amendment No. 2
AMENDMENT NO. 2 TO AMENDED AND
RESTATED COAL SUPPLY AGREEMENT
THIS AMENDMENT NO. 2 TO AMENDED
AND RESTATED COAL SUPPLY AGREEMENT (“Amendment No. 2”) is entered into
effective as of September 15, 2000, by and between LOUISVILLE GAS
AND ELECTRIC COMPANY (hereinafter referred to as
“Buyer”), whose address is 220 West Main Street,
Louisville, Kentucky 40202, and HOPKINS COUNTY COAL, LLC, a
Delaware limited liability company and WEBSTER COUNTY COAL, LLC, a
Delaware limited liability company (successor to WEBSTER COUNTY
COAL CORPORATION, a Kentucky corporation), both having an address
of 1717 South Boulder Avenue, Tulsa, Oklahoma 74119-4886, (the
foregoing companies hereinafter referred to as
“Seller”). In consideration of the agreements herein
contained, the parties hereto agree as follows.
RECITALS
A.
On even date herewith, Buyer entered
into Coal Synfuel Purchase Order LGE00024, which is governed by the
terms and conditions of Negotiated Contract LGE00019, (“Coal
Synfuel Supply Agreement”) with ECO Coal Pelletization No.
12, LLC (“ECO”) for the purchase of coal synfuel which
shall be processed from coal which is produced or supplied to ECO
from Hopkins County Coal, LLC.
B.
For each ton of coal synfuel Buyer
purchases from ECO during the term of the Coal Synfuel Supply
Agreement, Buyer and Seller hereby agree to reduce by like amount
the quantity of coal to be purchased under the Amended and Restated
Coal Supply Agreement as i
