Current Report Filing (8-k)
24 November 2016 - 4:45AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Form 8-K
CURRENT REPORT
PURSUANT
TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): November 23, 2016
PEABODY ENERGY CORPORATION
(Exact name of registrant as specified in its charter)
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Delaware
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1-16463
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13-4004153
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.)
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701 Market Street, St. Louis, Missouri
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63101-1826
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(Address of Principal Executive Offices)
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(ZIP Code)
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Registrants telephone number, including area code: (314) 342-3400
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 1.01
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Entry into a Material Definitive Agreement
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As previously disclosed, on April 13, 2016
(the Petition Date), Peabody Energy Corporation, a Delaware corporation (the Company) and a majority of the Companys wholly owned domestic subsidiaries, as well as one international subsidiary in Gibraltar (collectively
with the Company, the Debtors), filed voluntary petitions under Chapter 11 of Title 11 of the U.S. Code in the United States Bankruptcy Court for the Eastern District of Missouri (the Bankruptcy Court). The Debtors
Chapter 11 cases (collectively, the Chapter 11 Cases) are being jointly administered under the caption
In re Peabody Energy Corporation
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et al.
, Case No. 16-42529.
On November 23, 2016, the Bankruptcy Court approved a stipulation filed by the Company (Docket No. 1662) relating to an amendment to the
Companys Superpriority Secured Debtor-In-Possession Credit Agreement (as amended from time to time, the DIP Credit Agreement). While the DIP Credit Agreement contains certain milestone events relating to the Chapter 11 Cases, the
amendment to the DIP Credit Agreement approved by the Bankruptcy Court (the DIP Amendment) removes any deadline by which the Bankruptcy Court must enter an order determining the CNTA Issues (as defined in the DIP Credit Agreement prior
to giving effect to the DIP Amendment).
The foregoing description of the DIP Amendment is qualified in its entirety by reference to
Amendment No. 5 to Superpriority Secured Debtor-In-Possession Credit Agreement, by and among the Company, Peabody Global Funding, LLC and certain Debtors parties thereto as guarantors, the lenders party thereto and Citibank, N.A., as administrative
agent, which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.
Item 9.01
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Financial Statements and Exhibits
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Exhibit
Number
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Description
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10.1
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Amendment No. 5 to Superpriority Secured Debtor-In-Possession Credit Agreement, by and among Peabody Energy Corporation, Peabody Global Funding, LLC (f/k/a Global Center for Energy and Human Development, LLC) and certain Debtors
parties thereto as guarantors, the lenders party thereto and Citibank, N.A., as administrative agent.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.
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PEABODY ENERGY CORPORATION
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November 23, 2016
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By:
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/s/ A. Verona Dorch
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Name:
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A. Verona Dorch
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Title:
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Chief Legal Officer
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EXHIBIT INDEX
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Exhibit
Number
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Description
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10.1
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Amendment No. 5 to Superpriority Secured Debtor-In-Possession Credit Agreement, by and among Peabody Energy Corporation, Peabody Global Funding, LLC (f/k/a Global Center for Energy and Human Development, LLC) and certain Debtors
parties thereto as guarantors, the lenders party thereto and Citibank, N.A., as administrative agent.
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