Assets of Coal Mining Business

Sale of substantially all of the assets of T K Mining Services, LLC., described as below:

• All equipment, machinery, fixtures, vehicles, computer hardware and furniture used or useful in connection with the Business (collectively, the "Equipment"), and all supplies, spare parts and warranties relating to any of the Equipment;
• All raw material, work-in-process, finished goods and spare parts inventory of the Business;
• (I) All patents, registered and unregistered trademarks, service marks, logos, corporate and trade names, domain names and registered and common law copyrights, and all applications therefor, used or useful in connection with the Business and (ii) all inventions, discoveries, techniques, processes, methods, formulae, designs, computer software, trade secrets, confidential information, know-how and ideas used or useful in connection with the Business;
• All accounts receivable of the Business (the "Receivables") and all other claims, causes of action, avoidance actions, choses in action and rights of recovery and setoff relating to the Business or any of the Assets;
• The contracts for services to be rendered to the following customers of the seller: Freeport McMoRan; Twentymile Mine (Peabody); Glenwood Taverns; Glenwood Tramway; CUC Construction; Baretta; and Climax Molybdenum (the "Assigned Contracts");
• All permits, licenses, franchises, certificates, authorizations, consents and approvals obtained from or issued by any governmental entity and which are necessary or desirable for the ownership or operation of the Business or any of the Assets;
• All books, records, files, ledgers, drawings, specifications and manuals relating to the Business or any of the Assets, all advertising materials relating to the Business and all other information relating to the Business or any of the Assets, regardless of the form in which such information appears;
• All cash, cash equivalents and bank accounts;
• All goodwill of the Business or associated with any of the Assets; and
• All other assets of Seller, tangible or intangible, which are used or useful in connection with, or relate to, the Business.