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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 5 of 9 <br /> 18. On August 16, 2016, a year and day before the expiration of the Initial Term, <br /> Richard A. Boone ("Boone"), the President and Chief Executive Officer of Rockhouse and each <br /> of the debtors in the above-captioned jointly administered Chapter 11 cases as per his <br /> Declaration (Doc. 3 ¶ 1), sent an email to Chickering, which provided, in relevant part, that: <br /> The WV Mid Vol lease [the Lease] has a renewal coming after final payment. I <br /> have not pulled the lease to review the specific date and language but wanted to <br /> let you know we intend to renew [emphasis added]. <br /> 19. A true and correct copy Boone's email of August 16, 2016 is attached hereto as <br /> Exhibit 2. <br /> 20. In response to Boone's email of August 16th, later the same day Chickering <br /> wrote: "Thanks for this email notifying me of Rhino's intention to renew their lease." <br /> Chickering's reference to Rhino was really a reference to Rhino Resources Partners LP, which, <br /> according to Boone's Declaration (Doc. 3 ¶ 13), wholly owns Rhino Energy LLC, which in turn <br /> wholly owns Rhino Eastern LLC, which in turn wholly owns Rockhouse. <br /> 21. The lease that both Boone and Chickering were referring to in their email <br /> exchange of August 16, 2016 was in fact the Lease, which only WV Mid Vol and Rockhouse are <br /> parties to. <br /> 22. Paragraph 25 of the Lease provides that "[a]ll notices under the Lease shall be <br /> given to the parties" at the addresses specified in said paragraph by: (i) personal delivery; <br /> (ii) facsimile transmission; (iii) registered or certified mail, postage prepaid, return receipt <br /> requested; or (iv) a nationally recognized overnight or express courier services. <br /> 23. Although Boone's email of August 16, 2016 informed Chickering that Rockhouse <br /> intended to renew the Lease in the future, Rockhouse never gave written notice to WV Mid Vol <br /> under Paragraph 25 of the Lease of its decision to extend the Lease beyond the Initial Term <br /> 5 <br />