What changed in this filing

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Item 9A. Controls and Procedures

2022-03-07 compared with 2021-03-15 · 47 added, 194 removed, 164 unchanged (60% of the section changed)

14 unchanged sentences

Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.

This Annual Report on Form 10-K does not include an attestation report of our independent registered public accounting firm regarding internal control over financial reporting.

As we are a non-accelerated filer, management's report is not subject to attestation by our independent registered public accounting firm pursuant to rules of the SEC that permit us to provide only management’s report in this Annual Report on Form 10-K.

Our independent registered public accounting firm, RSM US LLP, has audited the effectiveness of our internal control over financial reporting, as stated in their attestation report included in this annual report on Form 10-K.

Changes in Internal Control Over Financial Reporting

1 unchanged sentence

Other Information

Disclosure Regarding Foreign Jurisdictions that Prevent Inspections.

Not applicable.

Directors, Executive Officers and Corporate Governance

5 unchanged sentences

Executive Compensation

The sections of our Proxy Statement entitled “About our Board of Directors - Director Compensation - 2020 Director Compensation,” “Executive Compensation - Compensation Discussion and Analysis,” “Board Committee Reports - Compensation Committee Report,” “Executive Compensation - Compensation Discussion and Analysis - Risk Assessment of Compensation Programs,” “Executive Compensation - 2020 Summary Compensation Table,” “Executive Compensation - 2020 Grants of Plan-Based Awards,” “Executive Compensation - Outstanding Equity Awards at 2020 Fiscal Year End,” “Executive Compensation - Option Exercises and Stock Vested in 2020,” “Executive Compensation - Nonqualified Deferred Compensation,” “Executive Compensation - Potential Payments Upon Termination or Change in Control,” and “Pay Ratio” are incorporated herein by reference.

The sections of our Proxy Statement entitled “About our Board of Directors - Director Compensation - 2021 Director Compensation,” “Executive Compensation - Compensation Discussion and Analysis,” “Board Committee Reports - Compensation Committee Report,” “Executive Compensation - Compensation Discussion and Analysis - Risk Assessment of Compensation Programs,” “Executive Compensation - 2021 Summary Compensation Table,” “Executive Compensation - 2021 Grants of Plan-Based Awards,” “Executive Compensation - Outstanding Equity Awards at 2021 Fiscal Year End,” “Executive Compensation - Option Exercises and Stock Vested in 2021,” “Executive Compensation - Nonqualified Deferred Compensation,” “Executive Compensation - Potential Payments on Termination or Change in Control,” and “Pay Ratio” are incorporated herein by reference.

Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters

The sections of our Proxy Statement entitled “Security Ownership of Certain Beneficial Owners and Management” and “Equity Compensation Plan Information” are incorporated herein by reference.

The section of our Proxy Statement entitled “Security Ownership of Certain Beneficial Owners and Management” is incorporated herein by reference.

Certain Relationships and Related Transactions, and Director Independence

13 unchanged sentences

Pursuant to the rules and regulations of the Securities and Exchange Commission, the Company has filed certain agreements as exhibits to this Annual Report on Form 10-K.

These agreements may contain representations and warranties by

These agreements may contain representations and warranties by the parties.

These warranties have been made solely for the benefit of the other party or parties to such agreements and (i) may have been qualified by disclosure made to such other party or parties, (ii) were made only as of the date of such agreements or such other date(s) as may be specified in such agreements and are subject to more recent developments, which may not be fully reflected in such Company’s public disclosure, (iii) may reflect the allocation of risk among the parties to such agreements and (iv) may apply materiality standards different from what may be viewed as material to investors.

4 unchanged sentences

• Consolidated Statements of Operations, Years ended December 31, 2021 and 2020

• Consolidated Statements of Comprehensive Loss, Years ended December 31, 2020 and 2019

• Consolidated Statements of Comprehensive Income (Loss), Years ended December 31, 2021 and 2020

• Consolidated Balance Sheets, December 31, 2021 and 2020

33 unchanged sentences

Description of Exhibit

3.1* Second Amended and Restated Certificate of Incorporation of Contura Energy, Inc.

(Incorporated by reference to Exhibit 3.1 to the Registration Statement on Form S-4 of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

3.2* Third Amended and Restated Bylaws of Contura Energy, Inc.

(Incorporated by reference to Exhibit 3.2 on Form 10-K of Contura Energy, Inc.

3.1* Second Amended and Restated Certificate of Incorporation of Alpha Metallurgical Resources, Inc., as amended through January 22, 2021 (Incorporated by reference to Exhibit 3.1 on Form 10-Q of Alpha Metallurgical Resources, Inc.

filed on November 5, 2021)

3.2 Third Amended and Restated Bylaws of Alpha Metallurgical Resources, Inc., as amended through November 4, 2021

4.1* Specimen Certificate for shares of Common Stock (Incorporated by reference to Exhibit 4.1 on Form 10-K of Alpha Metallurgical Resources, Inc.

filed on March 15, 2021)

3.3* Amendment to Second Amended and Restated Certificate of Incorporation of Contura Energy, Inc.

(Incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K (File No.

001-38735) filed on January 22, 2021)

3.4* Amendment to Third Amended and Restated Bylaws of Contura Energy, Inc.

(Incorporated by reference to Exhibit 3.2 to the Current Report on Form 8-K (File No.

001-38735) filed on January 22, 2021)

4.1 Specimen Certificate for shares of Common Stock

4.2 Description of Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934

10.1* Amended and Restated Agreement and Plan of Merger, dated as of September 26, 2018, by and among Contura Energy, Inc., Alpha Natural Resources Holdings, Inc., ANR, Inc., Prime Acquisition I, Inc.

and Prime Acquisition II, Inc.

(Incorporated by reference to Annex A to the proxy statement contained in the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on October 5, 2018)

10.2* Asset Purchase Agreement, dated as of December 7, 2017, by among Blackjewel L.L.C., as purchaser, and Contura Coal West, LLC, Contura Wyoming Land, LLC and Contura Coal Sales, LLC, as seller.

(Incorporated by reference to Exhibit 2.2 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.3* Form of Permit Operating Agreement, dated as of December 7, 2017, by among Contura Coal West, LLC, as Transferor and Blackjewel L.L.C., as Transferee (included as Exhibit E to the Asset Purchase Agreement) (Incorporated by reference to Exhibit 2.3 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.4* Form of Royalty Agreement, dated as of December 7, 2017, by among Blackjewel L.L.C., as purchaser, and Contura Coal West, LLC and Contura Wyoming Land, LLC, as seller.

(included as Exhibit G to the Asset Purchase Agreement) (Incorporated by reference to Exhibit 2.4 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.5* Asset Purchase Agreement, dated July 26, 2016, among Contura Energy, Inc., Alpha Natural Resources, Inc., certain subsidiaries of Alpha Natural Resources, Inc., ANR, Inc.

and Alpha Natural Resources, Inc., as sellers’ representative.

(Incorporated by reference to Exhibit 2.5 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.6* Credit Agreement dated as of March 17, 2017 among Contura Energy, Inc.

as Borrower, Jefferies Finance LLC, as Administrative Agent and Collateral Agent, and the Other Lenders Party Thereto (Jefferies Finance LLC, BMO Capital Markets Corp., Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC and UBS Securities LLC, as Joint Lead Arrangers and Joint Bookrunners).

(Incorporated by reference to Exhibit 10.1 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.7* First Amendment to Credit Agreement, dated as of June 13, 2017, to the Credit Agreement, dated as of March 17, 2017 among Contura Energy, Inc.

as Borrower, Jefferies Finance LLC, as Administrative Agent and Collateral Agent, and the Other Lenders Party Thereto (Incorporated by reference to Exhibit 10.2 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.8* Asset-Based Revolving Credit Agreement dated as of April 3, 2017 among Contura Energy, Inc., and certain of its Subsidiaries, as the Borrowers;

the Guarantors Party Thereto;

Citibank, N.A., as Administrative Agent;

Citibank, N.A., as Swingline Lender;

Citibank, N.A., BMO Harris Bank N.A.

and Credit Suisse AG, Cayman Islands Branch, as L/C Issuers;

the Other Lenders Party Thereto and Citigroup Global Markets Inc., BMO Capital Markets Corp.

and Credit Suisse Securities (USA) LLC, as Joint Lead Arrangers and Joint Bookrunners.

(Incorporated by reference to Exhibit 10.3 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.9* First Amendment to Asset-Based Revolving Credit Agreement, dated as of June 9, 2017, to the Asset-Based Revolving Credit Agreement dated as of April 3, 2017 among Contura Energy, Inc., and certain of its Subsidiaries, as the Borrowers;

the Guarantors Party Thereto;

Citibank, N.A., as Administrative Agent;

Citibank, N.A., as Swingline Lender;

Citibank, N.A., BMO Harris Bank N.A.

and Credit Suisse AG, Cayman Islands Branch, as L/C Issuers;

the Other Lenders Party Thereto and Citigroup Global Markets Inc., BMO Capital Markets Corp.

and Credit Suisse Securities (USA) LLC, as Joint Lead Arrangers and Joint Bookrunners.

(Incorporated by reference to Exhibit 10.4 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.10* Loan Agreement dated as of July 26, 2016 by and between ANR, Inc.

the Guarantors Party Thereto and Contura Energy, Inc.

(Incorporated by reference to Exhibit 10.5 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.11* Settlement Agreement, dated November 3, 2016 but effective only as of the Settlement Effective Time, by and among Contura Energy, Inc., for itself and on behalf of certain of its subsidiaries;

ANR, Inc., for itself and on behalf of certain of its affiliates and Old ANR, Inc.

(f/k/a Alpha Natural Resources, Inc.) on behalf of itself and on behalf of all of the sellers in its capacity as sellers’ representative.

(Incorporated by reference to Exhibit 10.10 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.12* Reclamation Funding Agreement, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.;

the Illinois Department of Natural Resources;

the Kentucky Energy and Environment Cabinet, Department for Natural Resources;

the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee;

the Virginia Department of Mines, Minerals and Energy and the West Virginia Department of Environmental Protection.

(Incorporated by reference to Exhibit 10.11 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.13* Amended Reclamation Funding Agreement dated October 23, 2017, by and among ANR, Lexington Coal Company, LLC, Contura, the Illinois Department of Natural Resources, the Kentucky Energy and Environment Cabinet Department for Natural Resources, the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement (in its capacity as the regulatory authority over surface mining operations in the State of Tennessee), the Virginia Department of Mines, Minerals and Energy and the WVDEP.

(Incorporated by reference to Exhibit 10.12 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.14* Settlement Agreement, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.;

Citicorp North America, Inc.

and the United States Department of the Interior, on behalf of the Office of Surface Mining, Reclamation and Enforcement, including in its capacity as the regulatory authority over surface mining operations in the State of Tennessee, the Office of Natural Resources Revenue and the Bureau of Land Management.

(Incorporated by reference to Exhibit 10.13 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.15* Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Kentucky, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the Kentucky Energy and Environment Cabinet, Department for Natural Resources.

(Incorporated by reference to Exhibit 10.14 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.16* Termination Agreement dated October 23, 2017, by and among Alpha Natural Resources, on behalf of itself and its affiliates, Contura Energy, Inc.

and the Kentucky Energy and Environmental Cabinet, Department for Natural Resources.

(Incorporated by reference to Exhibit 10.15 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.17* Permitting and Reclamation Plan Settlement Agreement for the State of Illinois, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the Illinois Department of Natural Resources.

(Incorporated by reference to Exhibit 10.16 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.18* First Amendment to Permitting and Reclamation Plan Settlement Agreement for the State of Illinois by and among Alpha Natural Resources, Inc., on behalf of itself and its affiliates, Contura and Illinois Department of Natural Resources.

(Incorporated by reference to Exhibit 10.17 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.19* Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Virginia, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the Commonwealth of Virginia, Department of Mines, Minerals and Energy.

(Incorporated by reference to Exhibit 10.18 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.20* First Amendment to Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Virginia dated October 23, 2017, by and among ANR, on behalf of itself and its affiliates, including Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.), Contura and the Virginia Department of Mines, Minerals and Energy.

(Incorporated by reference to Exhibit 10.19 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.21* Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the West Virginia Department of Environmental Protection.

(Incorporated by reference to Exhibit 10.20 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.22* First Amendment to Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia, dated July 25, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the West Virginia Department of Environmental Protection.

(Incorporated by reference to Exhibit 10.21 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.23* Second Amendment to Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia, dated October 23, 2017, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the West Virginia Department of Environmental Protection.

(Incorporated by reference to Exhibit 10.22 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.24* Stipulation Regarding Water Treatment Obligations, dated July 12, 2016, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates;

Contura Energy, Inc.

and the United States.

(Incorporated by reference to Exhibit 10.23 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.25* Amended Stipulation Regarding Water Treatment Obligations, dated October 23, 2017, by and among Alpha Natural Resources, Inc., on behalf of itself and its debtor-affiliates, Lexington Coal Company, LLC, Contura Energy, Inc.

and the United States.

(Incorporated by reference to Exhibit 10.24 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.26* Stipulation and Agreed Order dated July 15, 2016 among Alpha Natural Resources, Inc., et al., as Debtors;

Citicorp North America, as administrative and collateral agent;

Contura Energy, Inc.

and the Retiree Settlement Committee.

(Incorporated by reference to Exhibit 10.25 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.27* Stipulation and Agreed Order dated July 6, 2016 among Alpha Natural Resources, Inc., et al., as Debtors;

Citicorp North America, as administrative and collateral agent;

Contura Energy, Inc.

and the UMWA Funds.

(Incorporated by reference to Exhibit 10.26 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.28* Agreement to Fund VEBA, dated July 5, 2016, by and among Contura Energy, Inc., on behalf of itself and as authorized agent for certain of its subsidiaries, and the United Mine Workers of America.

(Incorporated by reference to Exhibit 10.27 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.1* Form of Indemnification Agreement by and between Contura Energy, Inc.

35 unchanged sentences

333-226953) filed on August 21, 2018)

10.38*† Form of 2018 Long-Term Incentive Plan.

(Incorporated by reference to Exhibit 10.45 to the Registration Statement on Form S-4/A of Contura Energy, Inc.

333-226953) filed on August 21, 2018)

10.10* Form of Voting and Support Agreement.

1 unchanged sentence

333-226953) filed on October 5, 2018)

10.40* Amended and Restated Asset-Based Revolving Credit Agreement, dated as of November 9, 2018, by and among Contura Energy, Inc., as borrower, the other borrowers party thereto, the guarantors party thereto, the lenders from time to time party thereto, Citibank, N.A., as Swingline Lender, Citibank, N.A., Barclays Bank PLC, BMO Harris Bank, N.A., and Credit Suisse AG, Cayman Islands Branch, as L/C Issuers, Citigroup Global Markets Inc., Barclays Bank PLC, BMO Capital Markets Corp.

and Credit Suisse Securities (USA) LLC, as Joint Lead Arrangers and Joint Bookrunners, the other lenders party thereto and Citibank, N.A., as administrative agent and collateral agent.

(Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on November 13, 2018)

10.11*† Form of Indemnification Agreement.

1 unchanged sentence

filed on November 13, 2018)

10.42* Amended and Restated Credit Agreement, dated as of November 9, 2018, by and among Contura Energy, Inc., as the Initial Borrower, the lenders from time to time party thereto, Jefferies Finance LLC, as administrative agent and collateral agent, and Jefferies Finance LLC, Barclays Capital, Inc., BMO Capital Markets Corp., Citigroup Global Markets Inc., Clarksons Platou Securities, Inc.

Riley FBR, Inc., as Joint Lead Arrangers and Joint Bookrunners (Incorporated by reference to Exhibit 10.3 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on November 13, 2018)

10.12*† Contura Energy, Inc.

Amended and Restated Non-Employee Director Compensation Policy, dated November 17, 2020

10.44* Amended and Restated Pledge and Security Agreement, dated as of November 9, 2018, by and among Contura Energy, Inc.

and the subsidiaries of Contura Energy, Inc.

that are grantors thereunder, and Citibank, N.A., as collateral agent.

(Incorporated by reference to Exhibit 10.4 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on November 13, 2018)

10.45* Amended and Restated Pledge and Security Agreement, dated as of November 9, 2018, by and among Contura Energy, Inc.

and the subsidiaries of Contura Energy, Inc.

that are grantors thereunder, and Jefferies Finance LLC, as collateral agent.

(Incorporated by reference to Exhibit 10.5 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on November 13, 2018)

10.46* Amended and Restated Guaranty Agreement, dated as of November 9, 2018, by and among subsidiaries of Contura Energy, Inc.

that are guarantors party thereto and Jefferies Finance LLC, as administrative agent.

(Incorporated by reference to Exhibit 10.6 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on November 13, 2018)

10.47* Term Sheet dated as of November 6, 2018 by and amongst ANR, Inc., Alpha Natural Resources Holdings, Inc., Contura Energy, Inc.

and the West Virginia Department of Environmental Protection (Incorporated by reference to Exhibit 10.7 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on November 13, 2018)

Amended and Restated Non-Employee Director Compensation Policy, dated November 17, 2020 (Incorporated by reference to Exhibit 10.43 on Form 10-K of Alpha Metallurgical Resources, Inc.

filed on March 15, 2021)

10.13*† Contura Energy, Inc.

4 unchanged sentences

filed on November 13, 2018)

10.50* Commitment Letter, dated as of May 15, 2019, by and among Contura Energy, Inc.

and certain of its existing shareholders (Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on May 21, 2019)

10.51* Amended and Restated Commitment Letter, dated as of May 21, 2019, by and among Contura Energy, Inc.

and certain of its existing shareholders (Incorporated by reference to Exhibit 10.2 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on May 21, 2019)

10.15* Credit Agreement, dated as of June 14, 2019, by and among Contura Energy, Inc., as the Borrower, Cantor Fitzgerald Securities, as Administrative Agent and certain lenders party thereto (Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Contura Energy, Inc.

3 unchanged sentences

filed on July 29, 2019)

10.54* Amended and Restated Term Sheet, dated as of October 18, 2019, by and between Contura Energy, Inc.

and Eagle Specialty Materials, LLC (Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on October 21, 2019)

10.55* Agreement, dated as of October 18, 2019, by and among Contura Coal West, LLC, the United States Department of Interior’s Office of Surface Mining, Reclamation and Enforcement, FM Coal, LLC and Eagle Specialty Materials, LLC (Incorporated by reference to Exhibit 10.2 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on October 21, 2019)

10.56* Sureties Supplemental Agreement, dated October 18, 2019, by and among Endurance Assurance Corporation, Endurance American Insurance Company, Lexon Insurance Company, Bond Safeguard Insurance Company, Indemnity National Insurance Company, Contura Energy, Inc., Contura Coal West, LLC and Eagle Specialty Materials, LLC (Incorporated by reference to Exhibit 10.3 to the Current Report on Form 8-K of Contura Energy, Inc.

filed on October 21, 2019)

10.17*† Form of Incentive Award Agreement (Incorporated by reference to Exhibit 10.1 on Form 10-Q of Contura Energy, Inc.

10 unchanged sentences

filed on January 29, 2021)

10.22* Amendment, dated as of May 27, 2020, to the Credit Agreement, dated as of June 14, 2019, by and among Contura Energy, Inc., as the Borrower, Cantor Fitzgerald Securities, as Administrative Agent and certain lenders party thereto.

(Incorporated by reference to Exhibit 99.1 to the Current Report on Form 8-K of Alpha Metallurgical Resources, Inc.

filed on May 29, 2020)

10.23 *† Executive Officer Incentive Compensation Recoupment (Clawback) Policy (Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Alpha Metallurgical Resources, Inc.

filed on May 4, 2021)

10.24* † Form of 2018 Long-Term Incentive Plan, as restated to give effect to Amendment No.1.

(Incorporated by reference to Exhibit 99.1 to the Registration Statement on Form S-8 of Alpha Metallurgical Resources, Inc.

333-257563) filed on June 30, 2021)

10.25* † Amendment, effective June 30, 2021, by and between Alpha Metallurgical Resources, Inc.

Stetson, to the Amended and Restated Employment Agreement, dated as of January 26, 2021, between Contura Energy, Inc.

(now known as Alpha Metallurgical Resources, Inc.) and David J.

Stetson (Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Alpha Metallurgical Resources, Inc.

filed on July 7, 2021)

10.26* Second Amended and Restated Asset-Based Revolving Credit Agreement, dated as of December 6, 2021, by and among Alpha Metallurgical Resources, Inc.

and certain of its Subsidiaries, as borrowers, the Guarantors party thereto, Citibank, N.A.

and BMO Capital Markets Corp., as joint lead arrangers and joint bookrunners, BMO Harris Bank, N.A.

and Eclipse Business Capital LLC, as co-collateral agents, the other Lenders from time to time party thereto, and Citibank, N.A., as administrative agent, collateral agent, swingline lender and L/C issuer.

(Incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Alpha Metallurgical Resources, Inc.

filed on December 10, 2021)

10.27* Second Amended and Restated Pledge and Security Agreement, dated as of December 6, 2021, by and among Alpha Metallurgical Resources, Inc., the subsidiaries of Alpha Metallurgical Resources, Inc.

that are grantors thereunder and Citibank, N.A., as collateral agent.

(Incorporated by reference to Exhibit 10.2 to the Current Report on Form 8-K of Alpha Metallurgical Resources, Inc.

filed on December 10, 2021)

21.1 List of Subsidiaries of Alpha Metallurgical Resources, Inc.

23.1 Consent of RSM US LLP

23.2 Consent of KPMG LLP

23.2 Consent of Marshall Miller & Associates, Inc.

4 unchanged sentences

95 Mine Safety Disclosure

96.1 Technical Report Summary - Alpha Metallurgical Resources, Inc.

Statement of Coal Resources and Reserves for the Aracoma Complex in Accordance with United States SEC Standards as of December 31, 2021, Central Appalachian Coal Basin, West Virginia, USA, February 2022

96.2 Technical Report Summary - Alpha Metallurgical Resources, Inc.

Statement of Coal Resources and Reserves for the Kepler Complex in Accordance with United States SEC Standards as of December 31, 2021, Central Appalachian Coal Basin, West Virginia, USA, February 2022

96.3 Technical Report Summary - Alpha Metallurgical Resources, Inc.

Statement of Coal Resources and Reserves for the Mid-West Virginia Surface Business Unit in Accordance with United States SEC Standards as of December 31, 2021, Central Appalachian Coal Basin, West Virginia, USA, February 2022

96.4 Technical Report Summary - Alpha Metallurgical Resources, Inc.

Statement of Coal Resources and Reserves for the Mid-West Virginia Underground Complex in Accordance with United States SEC Standards as of December 31, 2021, Central Appalachian Coal Basin, West Virginia, USA, February 2022

96.5 Technical Report Summary - Alpha Metallurgical Resources, Inc.

Statement of Coal Resources and Reserves for the Virginia Complex in Accordance with United States SEC Standards as of December 31, 2021, Central Appalachian Coal Basin, Virginia, USA, February 2022

101 The following financial information from Alpha Metallurgical Resources, Inc.'s Annual Report on Form 10-K for the year ended December 31, 2021 formatted in Inline XBRL (Extensible Business Reporting Language) includes:

(i) Consolidated Statements of Operations, (ii) Consolidated Statements of Comprehensive Loss, (iii) Consolidated Balance Sheets, (iv) Consolidated Statements of Cash Flows, (v) Consolidated Statements of Stockholders’ Equity, and (vi) Notes to the Consolidated Financial Statements.

(i) Consolidated Statements of Operations, (ii) Consolidated Statements of Comprehensive Income (Loss), (iii) Consolidated Balance Sheets, (iv) Consolidated Statements of Cash Flows, (v) Consolidated Statements of Stockholders’ Equity, and (vi) Notes to the Consolidated Financial Statements.

104 Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)

3 unchanged sentences

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-K

Item 9A. Controls and Procedures