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UBS <br /> Page 2 of 2 for Irrevocable Standby Letter of Credi r F28559 <br /> Dated January 5, 2001 <br /> J <br /> Any drawings under this Letter of Credit must be accompanied by the original Letter of Credit and <br /> subsequent amendment(s), if any. <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,stating: <br /> "We have receiv ice 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 /> This Standby Letter of Credit expires at the counters of UBS AG, Stamford Branch, 677 Washington <br /> Blvd. 10s Floor, Stamford, Connecticut 06901 on July 5, 2001 or any such automatically extended <br /> expiration date. <br /> We hereby undertake that we will give prompt notice of any action filed alleging our insolvency or <br /> bankruptcy as well as upon our incapacity by reason of bankruptcy, insolvency or suspension or <br /> revocation of our charter or license. <br /> We hereby undertake that documents drawn under and in compliance with the terms and conditions of <br /> this Letter of Credit will be duly honored upon presentation as specified. <br /> This Letter of Credit sets forth in full the terms of our undertaking. References in this Letter of Credit to <br /> other agreements, contracts, documents or instruments shall not modify or affect the terms hereof or cause <br /> such agreements, contracts, documents, or instruments to be deemed incorporated herein. <br /> This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), <br /> International Chamber of Commerce, Publication No. 500. <br /> Very truly yours, <br /> UBS AG <br /> Stamford Branch <br /> tuthor e� �re Au horized Signature <br /> Aeeo=te for I an Man- <br /> Tmd� tti�Rnr�Servioes Associate Director <br />