Assets of Coal Mining Company

Sale of assets of Unity Mines LLC (the “Seller”), which includes:

• The real property described in Exhibit A on the attached PDF, under the heading ‘Real Property’, together with all of Seller’s right, title and interest in and to the following: (i) all buildings, structures and improvements located on such real property owned by Seller; (ii) all machinery, apparatus or equipment affixed to such real property owned by Seller; (ii) all rights of way, easements, if any, in or upon such real property owned by Seller and all right-of-way and other rights and appurtenances belonging or in any way pertaining to such real property interests owned by Seller (including the right, title and interest of Seller in and to any coal reserves, coal, oil, gas, hydrocarbon and minerals and mining rights, royalty rights, support rights and waivers, subsidence rights or water rights relating or appurtenant to such real property owned by Seller); (iv) all strips and gores and any land lying in the bed of any public road, highway or other access way, upon or proposed, adjoining such real property owned by Seller; and (v) any leases out to third parties affecting the real property owned by Seller; in each case of the foregoing (i)-(v), whether or not such rights or instruments creating or evidencing such rights are specifically identified on Schedule 1.1(i) (collectively, the “Real Property”);
• The coal leases and contracts described in Exhibit A on the attached PDF, under the heading ‘Coal Leases’ (the “Assumed Contracts”) (Purchaser shall assume and pay all cure costs of any Assumed Contracts); and
• All personal property and fixtures that are (A) described in Exhibit A on the attached PDF under the hearing ‘Personal Property and Fixtures’; and (B) used, or held for use, by the Seller primarily for the Business, including equipment, materials, trucks, automobiles and other vehicles, parts, and supplies (the “Personal Property”).