ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement"), dated as of April 1, 2003, is
entered into by and among Hopkins County Coal, LLC, a Delaware limited liability company ("Assignor"), and
Warrior Coal, LLC, a Delaware limited liability company ("Assignee"), and SynFuel Solutions Operating LLC, a
Delaware limited liability company ("SSO"). Assignor, Assignee and SSO may be referred to herein individually
as a "Party", and collectively as the "Parties."
A. Assignor and SSO are parties to that certain Coal Feedstock Supply Agreement dated October 26, 2001, as
previously and further amended (the "Coal Feedstock Supply Agreement"), and all of the Coal Purchase Orders
entered into pursuant to the Coal Feedstock Supply Agreement (collectively with the Coal Feedstock Supply
Agreement, the "Contracts"), pursuant to which Assignor agreed to sell to SSO, and SSO agreed to purchase
from Assignor, certain quantities of Coal.
B. Assignor desires to assign to Assignee, and Assignee desires to accept and assume from Assignor, all rights
and obligations of Assignor arising under the Contracts from and after the Effective Date.
C. Capitalized terms not otherwise defined in this Agreement are used herein as such terms are defined in the
Coal Feedstock Supply Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Assignor and Assignee hereby agree as follows:
1. Assignment. Assignor hereby assigns to Assignee, its successors and assigns, all of Assignor's rights, titles and
interests under the Contracts and all obligations of Assignor arising therefrom and relating to periods from and
after the Effective Date.
2. Acceptance and Assumption. Assignee hereby accepts the assignment of all of Assignor's rights, titles and
interests under the Contracts, agrees to be bound by all of the terms, covenants and conditions thereof, and
hereby assumes all of Assignor's oblig