Shawnee Coal Company
Coal Supply Agreement
Amendment No. 2
EXHIBIT 10.43
AMENDMENT TO CONTRACT
THIS AMENDMENT IS entered into, effective as of November 27, 1991, by and
between Louisville Gas and Electric Company (hereinafter referred to as
"Buyer"), whose address is: 220 W. Main St., Louisville, Kentucky 40232 and
Shawnee Coal Company (herein referred to as "Seller"), whose address is: 4205
Hillsboro Road, Nashville, Tennessee 37215 and Roberts Bros. Coal Company (also
hereinafter referred to as "Seller") whose address is: LaFoon Trail, P.O. Box
1223, Madisonville, Kentucky 42431. In consideration of the agreements herein
contained, the parties hereto agree as follows:
1. AMENDMENTS
The Coal Supply Agreement heretofore entered into by the parties, dated
effective August 9, 1989 and identified by the Contract Number set forth above,
as previously amended by Amendment Number 1 thereto, (hereinafter referred to as
"Agreement"), is hereby further amended as follows:
1.1 Article 2.1 ANNUAL QUANTITY set forth in this Agreement is amended as
follows:
"2.1 ANNUAL QUANTITY. This section effective January 1, 1989.
Except as adjusted under Section 2.3, Seller shall sell and deliver
and buyer shall purchase and accept delivery of the following annual
tonnages ("Annual Quantity").
Additional Coal This
Year This Amendment Quantity (Tons)
---- -------------- ---------------
1989 ________ 364,000
1990 ________ 364,000
1991 98,000 700,000
1992 400,000 + (20% exiting 1,300,000
base 750,000)
1993 ________ 1,125,000
1994 ________ 1,125,000
1995 ________ 1,125,000
1.2 Article 2.3 NOTIFICATION set forth in this Agreement is amended to
read as follows:
"2.3 NOTIFICATION. By December 1 of each Agreement year, Buyer shall
specify by written notice to Seller the monthly quantities to be
delivered in the following Agreement year. For 1993 and following
years, upon 6 months notice to Seller, Buyer may change the quantity
to be delivered under this Section within a range of +20% of specified
-
annual tonnage, except that in no event shall Buyer specify less than
900,000 tons.
2. PRICING SUMMARY
2.1 The Base Price set forth in the Coal Supply Agreement is hereby
changed as follows as full compensation to Seller for full and
complete performance by Seller of this Amendment in full compliance
with all terms and conditions of the Coal Supply Agreement:
Shawnee Coal Company
Coal Supply Agreement
Amendment No. 2
Original Base Net Adjustment Net Adjustment New Total
Price F.O.B. Pursuant to Prior Pursuant to Pursuant to
Year Rail Amendment This Amendment This Amendment
---- -------------- ---------------- -------------- --------------
1990 $0.85470 $________ $________ $0.85470
1991 $0.89085 $0.01282 $________ $0.90367
1992 $0.92410 $0.01282 ($0.00427) $0.93265
1993 $0.96171 $0.01282 ($0.00427) $0.97026
1994 $1.00094 $0.01282 ($0.00427) $1.00949
1995 $1.04017 $0.01282 ($0.00427) $1.04872
<FN>
* All Prices in $/MMBTU
3. STATUS OF AGREEMENT
As amended herein, the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the
day and year below written, but effective as of the day and year first set forth
above.
Shawnee Coal Company Louisville Gas and Electric Company
By: ___________________________ By: _________________________________
Title: __________________________ Title: ________________________________
Date: ___________ Date: _____________
Roberts Bros. Coal Co., Inc.
By: ___________________________
Title: __________________________
Date: ___________
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