Exhibit 10.3
AMENDMENT NO. 4
TO RESTATED AND AMENDED COAL
SUPPLY AGREEMENT
THIS AMENDMENT NO. 4
(“Amendment”) is entered into effective as of
September 1, 2005, by and between Seminole Electric
Cooperative, Inc. (hereinafter referred to as “Buyer”),
a Florida corporation, and Webster County Coal, LLC, a Delaware
limited liability company (successor-in-interest to Webster County
Coal Corporation, a Kentucky corporation), White County Coal, LLC,
a Delaware limited liability company (successor-in-interest to
White County Coal Corporation, a Delaware corporation), and
Alliance Coal, LLC (“Alliance”), as
successor-in-interest to Mapco Coal, Inc., and agent for Webster
County Coal, LLC and White County Coal, LLC, all having an address
of 1717 South Boulder Avenue, Tulsa, Oklahoma 74119-4886, (the
foregoing companies hereinafter referred to as
“Seller”).
RECITALS:
WHEREAS, Buyer and Seller entered
into that certain Restated and Amended Coal Supply Agreement
(“Restated Agreement”), effective February 1,
1986, as amended by Amendment No. 1 dated May 10, 1996,
as amended by that certain Interim Coal Supply Agreement, dated
May 1, 2000, as amended by Amendment No. 2, dated
February 28, 2002, and as amended by Amendment No. 3,
dated January 1, 2003; and
WHEREAS, the Interim Coal Supply
Agreement, dated May 1, 2000, terminated b
