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Case 1:20-ap-01029 Doc 1 Filed 08/06/20 Entered 08/06/20 11:07:17 Desc Main <br /> Document Page 4 of 9 <br /> 13. The initial term of the Lease commenced on August 17, 2007, when VW Mid Vol <br /> and Rockhouse entered into the Option Agreement referred to in Paragraph 2(a) of the Lease, <br /> and was to "continue for a term of ten years (the "Initial Term"), as per Paragraph 2(a) of the <br /> Lease, or until August 17, 2017. <br /> 14. Under Paragraph 2(a) of the Lease, if Rockhouse was exercising wheelage rights <br /> over or through the Leased Premises at the end of the Initial Term (i.e., August 17, 2017), then <br /> then Lease was "automatically extended upon the same terms and conditions for successive one <br /> (1) year period(s) until Lessee [was] no longer exercising wheelage rights over or through the <br /> Leased Premises, to the extent necessary to permit such use," unless the Lease was otherwise <br /> terminated under its provisions. The wheelage rights extension of the Lease under Paragraph <br /> 2(a) did not require any written notice of such extension by Rockhouse. <br /> 15. Because Rockhouse never exercised any wheelage rights over or through the <br /> Leased Premises, there was no automatic extension of the Lease for successive one-year periods <br /> under Paragraph 2(a). <br /> 16. The only other way the Lease could possibly be extended beyond the Initial Term <br /> was under Paragraph 2(b) of the Lease, which provides: <br /> If prior to the end of the Initial Term all of the mineable and merchantable coal in <br /> the Leased Premises shall not have been mined and removed by Lessee, Lessee, at <br /> its option, may extend this Lease for up to five (5) additional periods of five (5) <br /> years each, upon sixty (60) days' written notice prior to the end of the Initial <br /> Terre or any additional period [emphasis added]. As used herein, "mineable and <br /> merchantable coal" means coal which can be mined and marketed at a reasonable <br /> profit to Lessee at the time such coal is reached in the course of Lessee's mining <br /> operations by the use of practical and sufficient machinery, facilities, methods and <br /> management. <br /> 17. Donn A. Chickering ("Chickering") is the sole shareholder and President of VW <br /> Mid Vol. <br /> 4 <br />