Exhibit A to the Fourth Amendment to Credit Agreement
Form of Eddystone Litigation Appeal Bond
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Bond no._____________________
EDDYSTONE RAIL COMPANY, LLC)
)Case No. 2:17-cv-00495-JDW
)
Plaintiff,)
v.)
)
BRIDGER LOGISTICS, LLC, et al.)
)
)
Defendants. )
SUPERSEDEAS BOND (SURETY)
WHEREFORE, A judgment was entered in the above-captioned case on June 7, 2024 in the United States District Court for the Eastern District of Pennsylvania against Ferrellgas Partners, L.P., Bridger Logistics, LLC, Bridger Energy, LLC, and Bridger Transportation, LLC (collectively, “Appellants”) and in favor of Eddystone Rail Company, LLC.
WHEREFORE, Appellants have filed a timely notice of appeal of this judgment to the United States Court of Appeals for the Third Circuit and desire to suspend enforcement of the judgment pending determination of the appeal, including any subsequent petition for rehearing in that Court, and any petition for certiorari and merits proceedings in the United States Supreme Court.
KNOW ALL MEN BY THESE PRESENTS, that Ferrellgas Partners, L.P., Bridger Energy, LLC, and Bridger Transportation, LLC (collectively, “Bond Principals”), as Principals, and Sureties:
Ascot Surety and Casualty Company, which has an office and usual place of business at 55 W 46th street, New York, NY 10036;
Atlantic Specialty Insurance Company, which has an office and usual place of business at 605 Highway 169 North, Suite 800, Plymouth, MN 55441;
Harco National Insurance Company, which has an office and usual place of business at 4200 Six Forks Road, Suite 1400, Raleigh, NC 27609; and
United States Fire Insurance Company, which has an office and usual place of business at 305 Madison Avenue, Morristown, NJ 07960
undertake and promise to pay to Eddystone Rail Company, LLC all damages, costs, and interest that may be finally awarded to it against any or all of the Bond Principals, following the exhaustion of all avenues of appeal