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, UBS Warburg RECEIVED III IIIIIIIII IIII III SUBS AG <br /> tamford rancaoulevard <br /> JAN 16 200, Tel.No. (203)719-3985 Stamford, CT 06901 <br /> Fax No. (203) 7 f 9-4657 Telephone 203 719-3000 <br /> www. burg.com <br /> Division of Minerals and Geology <br /> IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER F 28559 <br /> January 12, 2001 <br /> BENEFICIARY: <br /> Colorado Division of Minerals and Geology <br /> 1313 Sherman Street, Room 215 <br /> Denver CO 80203 <br /> 303-866-3567 <br /> and/or <br /> United States/Office of Sur ining Reclamation and Enforcement <br /> 1999 Broadway <br /> Suite 3320 <br /> Denver, CO 80202 <br /> 303-844-1400 <br /> Ladies and Gentlemen: <br /> We hereby amend our Irrevocable Standby Letter of Credit Number F 28559, in favor of yourselves by <br /> order of AEI Resources, Inc., 2000 Ashland Drive, Ashland KY 41101 as follows: <br /> Please delete the following paragraph <br /> This Letter of Credit shall be deemed automatically extended without amendment for additional periods <br /> of one year from the present or any future expiration date unless at least ninety(90)days prior to any such <br /> expiration date we shall notify you by overnight mail at the address indicated above that we elect not to <br /> renew this Letter of Credit for any additional period. Upon receipt of su ification, you may draw <br /> under this Letter of Credit by presenting your draft, as specified above, accompanied by a statement <br /> purportedly signed by an authorized representative of stating: <br /> "We have received notice from UBS AG, Stamford Branch, that Letter of Credit Number <br /> F 28559 shall not be extended for any additional periods and AEI Resources,lnc. has failed to <br /> to obtain a replacement Letter of Credit or other form of collateral." <br /> Please insert the following paragraph <br /> This Letter of Credit shall be deemed automatically extended without amendment for additional periods <br /> of one year from the present or any future expiration date unless at least ninety(90) days prior to any such <br /> expiration date we shall notify you by overnight mail at the address indicated above that we elect not to <br /> renew this Letter of Credit for any additional period. Upon receipt of such notification, you may draw <br /> under this Letter of Credit by presenting your draft, as specified above, accompanied by a statement <br /> purportedly signed by an authorized representative of Colorado Division of Minerals and Geology and/or <br /> United States/Office of Surface Mining Reclamation and Enforcement stating: <br /> U95 Warburg is a financial services group o1 Lies AG. <br />