Attached files
| file | filename |
|---|---|
| 8-K - 8-K - CLOUD PEAK ENERGY INC. | a10-21416_138k.htm |
| EX-99.2 - EX-99.2 - CLOUD PEAK ENERGY INC. | a10-21416_13ex99d2.htm |
| EX-99.3 - EX-99.3 - CLOUD PEAK ENERGY INC. | a10-21416_13ex99d3.htm |
| EX-99.1 - EX-99.1 - CLOUD PEAK ENERGY INC. | a10-21416_13ex99d1.htm |
Exhibit 99.4
[Cloud Peak Energy Letterhead]
December 13, 2010
Cloud Peak Energy Resources LLC
Attention: Corporate Secretary
385 Interlocken Cresent, Suite 400
Broomfield, CO 80021
Re: Third Amended and Restated Limited Liability Company Agreement of Cloud Peak Energy Resources LLC
Ladies and Gentlemen:
In accordance with Section 9.1(b) of the Third Amended and Restated Limited Liability Company Agreement of Cloud Peak Energy Resources LLC, dated as of November 19, 2009 (the “Agreement”) by and among Cloud Peak Energy Inc., a Delaware corporation (“CPE Inc.”), Rio Tinto Energy America Inc., a Delaware corporation, and Kennecott Management Services Company (“KMS”), CPE Inc. hereby delivers this Assumption Notice. Capitalized terms not otherwise defined herein shall have the respective meanings specified in the Agreement.
CPE Inc. hereby exercises its CPE Assumption Right and assumes the rights and obligations of Cloud Peak Energy Resources LLC with respect to KMS’s Redemption Notice dated December 13, 2010, and has determined to pay to KMS the Share Settlement, whereby CPE Inc. will acquire the Redeemed Units with a number of shares of CPE Common Stock equal to the number of Redeemed Units.
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CLOUD PEAK ENERGY INC. | |
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By: |
/s/ Bryan Pechersky |
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Name: Bryan Pechersky |
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Title: Senior Vice President and General Counsel |
cc:
Kennecott Management Services Company
4700 Daybreak Parkway
South Jordan, Utah 84095
(801) 204-2000
Fax: (801) 204-2892
Legal Department
Rio Tinto Services Inc.
4700 Daybreak Parkway
South Jordan, Utah 84095
(801) 204-2000
Fax: (801) 204-2892
Fried, Frank, Harris, Shriver & Jacobson LLP
Attn. Stuart Gelfond
One New York Plaza
New York, NY 10004
(212) 859-8000
Fax: (212) 859-4000