This EQUIPMENT LEASE (this “ Lease ”), dated as of June 29, 2010 (the “ Effective Date ”), is entered into by and
between AEC-TH, LLC, a Colorado limited liability company (“ Lessor ”) and GS RC INVESTMENTS LLC, a Delaware limited
liability company (“ Lessee ”). Lessor and Lessee may be referred to herein individually as a “ Party ,” and collectively as the “
R E C I T A L S
A. Lessor and Lessee have entered into that certain Agreement to Lease dated as of June 29, 2010 (the “ Agreement
to Lease ”), wherein Lessor agreed to lease to Lessee, and Lessee agreed to lease from Lessor, among other items the refined
coal production facility as described on Exhibit A hereto (the “ Facility ”).
A G R E E M E N T S
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
DEFINITIONS AND CONSTRUCTION
1.1 Definitions . Capitalized terms used but not defined herein shall have the meanings associated with such
terms in the Agreement to Lease. The following terms shall have the following meanings as used herein:
“ Agreement to Lease ” has the meaning set forth in the Recitals.
“ Applicable Section 45 Credits ” means with respect to any Quarter, the Section 45 Credits to which Lessee is entitled
as a result of the sale during such Quarter to an Unrelated Person of Refined Coal produced in the Facility based on the
Monthly Operating Reports for each Month during such Quarter.
“ Assignment ” has the meaning set forth in Section 6.12.
“ Business Day ” means any Day other than (i) a Saturday or Sunday or (ii) a Day on which commercial banks in New
York, New York are authorized or required to be closed.
“ Casualty ” has the meaning set forth in Section 2.7.
* indicates portions of the exhibit that have been omitted pursuant to a request for confidential information. The non-public
information has been filed with the Commission.