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Full title: Stipulation and Agreed Order Signed on 2/26/2021 (RE: related document(s)406 Amended Application for Allowance and Payment of Administrative Expense Claim Under 11 U.S.C. Section 503(b)(9) filed by Stewart Lubricants & Service Co., Inc. (rwh) (Entered: 02/26/2021)

Document posted on Feb 25, 2021 in the bankruptcy, 4 pages and 0 tables.

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FM Coal, LLC, and its debtor affiliates, as the debtors and debtors in possession (the “Debtors”) in the above-captioned Chapter 11 cases, by and through their undersigned counsel, on the one hand, and Stewart Lubricants & Service Co. ("Stewart Lubricants" and, together with the Debtors, the "Parties"), by and through its undersigned counsel, on the other hand, hereby stipulate and agree to the allowance of the administrative expense claim requested by Stewart Lubricants pursuant to the Application of Stewart Lubricants & Service Co. for Allowance and Payment of Administrative Expense Claim Under 11 U.S.C. § 503(b)(9)WHEREAS, Stewart Lubricants filed Proof of Claim No. 67 against the Debtor, Cane Creek, LLC, which includes an administrative expense claim amount of $6,435.87 and a general unsecured amount of $14,596.58; Proof of Claim No. 68 against the Debtor, M.S. & R. Equipment Co., Inc., which includes an administrative expense amount of $3,122.48 and a general unsecured amount of $4,568.82; and Proof of Claim No. 69 against the Debtor, Cedar Lake Mining, Inc., which includes an administrative expense claim amount of $4,094.01 (collectively, the "Proofs of Claim"). WHEREAS, Stewart Lubricants filed the Application for Administrative Expense Claim on February 22, 2021; WHEREAS, the Application for Administrative Expense Claim is scheduled for hearing on March 10, 2021; WHEREAS, the Debtors have agreed and stipulate to the allowance of each of the administrative expense claim amounts included in the Application Administrative Expense Claim, which are in the total amount of $13,652.36 ($6,435.87 against Cane Creek, LLC, in Proof of Claim No. 67 + $3,122.48 against M.S. & R. Equipment Co., Inc. in Proof of Claim No. 68 + $4,094.01 against Cedar Lake Mining, Inc. in Proof of Claim No. 69 = $13,652.36), and which meet the requirements for administrative expense claims under Section 503(b)(9) of the Bankruptcy Code; and, WHEREAS, Stewart Lubricants has agreed and stipulates that Proof of Claim No. 67 against the Debtor, Cane Creek, LLC, will be deemed amended and reduced by the amount of the $6,435.87 administration expense included in that Proof of Claim; that Proof of Claim No. 68 against the Debtor, M.S. & R. Equipment Co., Inc., will be deemed amended and reduced by the $3,122.48 administrative expense included in that Proof of Claim; and Proof of Claim No. 69 against the Debtor, Cedar Lake Mining, Inc., will be deemed satisfied in a manner consistent with the terms of this Stipulation. Upon the earliest date on which both (i) this order approving this Stipulation is a final, non-appealable order, and (ii) payment of the allowed administrative expense claim in the amount of $13,652.36 has been delivered to Stewart Lubricants in good and sufficient funds, the Proofs of Claim shall be deemed AMENDED, and REDUCED and SATISFIED or PARTIALLY SATISFIED, as set out in the recitals, and the Clerk of the Court

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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: ) ) Chapter 11 FM COAL, LLC, et al., ) ) Case No. 20-02783 (TOM) Debtors.1 ) ) Jointly Administered STIPULATION AND AGREED ORDER ALLOWING ADMINISTRATIVE EXPENSE CLAIM FILED BY STEWART LUBRICANTS & SERVICE CO. FM Coal, LLC, and its debtor affiliates, as the debtors and debtors in possession (the “Debtors”) in the above-captioned Chapter 11 cases, by and through their undersigned counsel, on the one hand, and Stewart Lubricants & Service Co. ("Stewart Lubricants" and, together with the Debtors, the "Parties"), by and through its undersigned counsel, on the other hand, hereby stipulate and agree to the allowance of the administrative expense claim requested by Stewart Lubricants pursuant to the Application of Stewart Lubricants & Service Co. for Allowance and Payment of Administrative Expense Claim Under 11 U.S.C. § 503(b)(9) [Docket No. 405, as amended by Docket No. 406] (the "Application for Administrative Expense Claim") under the following terms and conditions (the "Stipulation"). RECITALS WHEREAS, Stewart Lubricants filed Proof of Claim No. 67 against the Debtor, Cane Creek, LLC, which includes an administrative expense claim amount of $6,435.87 and a general unsecured amount of $14,596.58; Proof of Claim No. 68 against the Debtor, M.S. & R. Equipment Co., Inc., which includes an administrative expense amount of $3,122.48 and a general unsecured 1 The Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are: FM Coal, LLC (1768); Cane Creek, LLC (3207); M.S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009).

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amount of $4,568.82; and Proof of Claim No. 69 against the Debtor, Cedar Lake Mining, Inc., which includes an administrative expense claim amount of $4,094.01 (collectively, the "Proofs of Claim"). WHEREAS, Stewart Lubricants filed the Application for Administrative Expense Claim on February 22, 2021; WHEREAS, the Application for Administrative Expense Claim is scheduled for hearing on March 10, 2021; WHEREAS, the Debtors have agreed and stipulate to the allowance of each of the administrative expense claim amounts included in the Application Administrative Expense Claim, which are in the total amount of $13,652.36 ($6,435.87 against Cane Creek, LLC, in Proof of Claim No. 67 + $3,122.48 against M.S. & R. Equipment Co., Inc. in Proof of Claim No. 68 + $4,094.01 against Cedar Lake Mining, Inc. in Proof of Claim No. 69 = $13,652.36), and which meet the requirements for administrative expense claims under Section 503(b)(9) of the Bankruptcy Code; and, WHEREAS, Stewart Lubricants has agreed and stipulates that Proof of Claim No. 67 against the Debtor, Cane Creek, LLC, will be deemed amended and reduced by the amount of the $6,435.87 administration expense included in that Proof of Claim; that Proof of Claim No. 68 against the Debtor, M.S. & R. Equipment Co., Inc., will be deemed amended and reduced by the $3,122.48 administrative expense included in that Proof of Claim; and Proof of Claim No. 69 against the Debtor, Cedar Lake Mining, Inc., will be deemed satisfied in a manner consistent with the terms of this Stipulation. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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1. The recitals set forth above are incorporated herein by this reference as though set forth herein at length. 2. The Application for Administrative Expense Claim is APPROVED and Stewart Lubricants is allowed an administrative expense claim against the Debtors in the total amount of $13,652.36. 3. Upon the earliest date on which both (i) this order approving this Stipulation is a final, non-appealable order, and (ii) payment of the allowed administrative expense claim in the amount of $13,652.36 has been delivered to Stewart Lubricants in good and sufficient funds, the Proofs of Claim shall be deemed AMENDED, and REDUCED and SATISFIED or PARTIALLY SATISFIED, as set out in the recitals, and the Clerk of the Court and the claims and noticing agent, Donlin, Recano & Company, Inc., is hereby AUTHORIZED to reflect the same on the docket and the claims register. 4. This Stipulation may be executed in counterparts, each of which shall be deemed an original and evidence of this Stipulation may be exchanged by fax or by electronic transmission of a scanned copy of the signature pages or by exchange of originally signed documents. 5. This Stipulation shall be binding upon all successors and assigns of all of the Parties hereto. 6. Each person who executes this Stipulation represents and warrants that he or she is duly authorized and has requisite authority to execute and deliver this Stipulation on behalf of such Party and to bind his or her respective Party to the terms and conditions of this Stipulation. 7. All representations, warranties, inducements, and/or statements of intention made by the Parties that relate to this Stipulation are embodied in the Stipulation, and none of the Parties relied upon, will be bound by or will be liable for any alleged representation, warranty, inducement

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or statement of intention that is not expressly set forth in this Stipulation. 8. This Stipulation constitutes the entire agreement between the Parties with respect to the matters addressed herein and may not be modified except in a writing signed by the parties. DONE AND ORDERED, Dated: February 26, 2021 /s/ Tamara O. Mitchell Tamara O. Mitchell United States Bankruptcy Judge IN WITNESS WHEREOF, the Parties hereto have caused this Stipulation to be executed as of the day and year written below. Dated: February 26, 2021 /s/ John C. Tishler /s/ Daniel D. Sparks John C. Tishler Daniel D. Sparks Attorney for Debtors Attorney for Stewart Lubricants & Service Co. WALLER LANSDEN DORTCH AND CHRISTIAN & SMALL, LLP DAVIS, LLP 1800 Financial Center 511 Union Street 27th Floor 505 North 20th Street Nashville, TN 37219 Birmingham, AL 35203 615-244-6380 (205) 795-6588 john.tishler@wallerlaw.com dds@csattorneys.com

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