Letter of Credit

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SAMPLE LETTER OF CREDIT BOND (BANK LETTERHEAD REQUIRED) BENEFICIARY: STATE OF ALABAMA SURFACE MINING COMMISSION PO BOX 2390

1811 SECOND AVENUE JASPER AL 35502-2390 FOR THE ACCOUNT OF: OUR REFERENCE: ___________________ EXPIRATION DATE: ______________________ AMOUNT: U.S. DOLLARS ******** _______________________________________ GENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT NUMBER # _____ IN YOUR FAVOR FOR THE ACCOUNT OF _____(APPLICANT)___ FOR ANY SURFACE COAL MINING AND RECLAMATION OPERATIONS CONDUCTED OR TO BE CONDUCTED UNDER PERMIT NUMBER P-__________, INCREMENT NUMBER ______________, COVERING _______ACRES, BY PERMIT APPLICANT, _______(APPLICANT)___, FOR THE SUM OF ______________________ U.S. DOLLARS (USD $ _________) AVAILABLE BY YOUR DRAFT OR DRAFTS ON US AT SIGHT, ACCOMPANIED BY YOUR NOTICE OF FORFEITURE. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE (1) YEAR FROM THE THEN RELEVANT EXPIRATION DATE UNLESS MORE THAN NINETY (90) DAYS PRIOR TO THAT RELEVANT EXPIRATION DATE WE NOTIFY YOU THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT. IN SUCH EVENT WE WILL HONOR YOUR DRAFT WHEN PRESENTED WITHOUT YOUR NOTICE OF FORFEITURE. FOR PURPOSES OF THIS CREDIT, OUR NOTICE NOT TO EXTEND SHALL MEAN THAT WE SEND OUR NOTIFICATION TO YOU AT THE ABOVE LISTED ADDRESS BY REGISTERED MAIL (RETURN RECEIPT REQUESTED) DATED MORE THAN NINETY (90) DAYS PRIOR TO EXPIRATION. THE EXPIRATION OF THIS LETTER OF CREDIT IS ______________, UNLESS AUTOMATICALLY EXTENDED. ALL DRAFTS DRAWN UNDER THIS CREDIT SHALL STATE THAT THEY ARE "DRAWN UNDER __________BANK, ___(CITY)__, ____(STATE), LETTER OF CREDIT # _____________ DATED ______________, FOR _______(APPLICANT)____." *** CONTINUED ON NEXT PAGE ***

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OUR REFERENCE NO.: ________________________________

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WE WILL GIVE PROMPT NOTICE TO THE PERMITTEE AND THE ALABAMA SURFACE MINING COMMISSION OF ANY NOTICE RECEIVED OR ACTION FILED ALLEGING THE INSOLVENCY OR BANKRUPTCY OF THE BANK, OR ALLEGING ANY VIOLATION OF REGULATORY REQUIREMENTS WHICH COULD RESULT IN SUSPENSION OR REVOCATION OF THE BANK'S CHARTER OR LICENSE TO DO BUSINESS. IN THE EVENT WE BECOME UNABLE TO FULFILL THESE OBLIGATIONS UNDER THE LETTER OF CREDIT FOR ANY REASON, NOTICE SHALL BE GIVEN IMMEDIATELY TO THE PERMITTEE AND THE ALABAMA SURFACE MINING COMMISSION. PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED. WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION AT THE MAIN OFFICE OF __________________________BANK ON OR BEFORE THE EXPIRATION OF THIS CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO AND SHALL BE GOVERNED BY THE UNIFORM COMMERCIAL CODE OF THE STATE OF ALABAMA.

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