Laserfiche WebLink
Case 1:20-ap-01029 Doc 1 Filed 08/06/20 Entered 08/06/20 11:07:17 Desc Main <br /> Document Page 6 of 9 <br /> under Paragraph 2(b) of the Lease. Under these circumstances, the Lease expired on its own <br /> terms on August 17, 2017. <br /> 24. On July 14, 2020, Chickering hand delivered a letter dated July 14, 2020 (the <br /> Letter") to Boone in his capacity as the President and CEO of Rockhouse, which was also mailed <br /> by certified mail, return receipt requested. <br /> 25. A true and correct copy of the Letter is attached hereto as Exhibit 3. It provides, <br /> in pertinent part, that: <br /> I have heard there are ongoing negotiations which may involve Rhino's business <br /> reorganization and which are likely to include discussions pertaining to the lease <br /> between West Virginia Mid Vol, Inc. an Rockhouse Land LLC dated August 17, <br /> 2007 (the "Lease"). However, our recent internal review has shown that the <br /> Lease expired in August 2017 when the initial ten-year term concluded and <br /> Rockhouse Land LLC failed to exercise its renewal option pursuant to the <br /> required provisions under the Lease. <br /> 26. The Letter sent shock waves through the Rhino-related entities, including <br /> Rockhouse, which scrambled to find the written notice required under Paragraph 25 of the Lease <br /> to extend the Lease under Paragraph 2(b) thereof, but no such written notice was found because <br /> no such written notice ever existed. That being the case, Rockhouse pointed to Boone's email to <br /> Chickering of August 16, 2016 as the writing under which it extended the Lease. But that email <br /> clearly states that Rockhouse merely intended to renew the Lease in the future. <br /> 27. After Rockhouse pointed to Boone's August 16, 2016 email in support of its <br /> claim that Rockhouse extended the Lease under said email, Chickering responded with an email <br /> transmitted on July 21, 2020 (the day before the Petition Date), which is attached hereto as <br /> Exhibit 4. That email provides, in relevant part, as follows: <br /> Thanks for providing a copy of the August 16, 2016 email wherein you let me <br /> know informally [underling in original] that Rhino intended [underlining in <br /> original] to have Rockhouse renew the West Virginia Mid Vol lease a full year <br /> before the renewal term would begin. That email wasn't in our lease file because <br /> 6 <br />