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): December 15, 2016
PEABODY ENERGY CORPORATION
(Exact name of registrant as specified in its charter)
Delaware | 1-16463 | 13-4004153 | ||
(State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
701 Market Street, St. Louis, Missouri | 63101-1826 | |
(Address of Principal Executive Offices) | (ZIP Code) |
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:
☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 1.02 | Termination of a Material Definitive Agreement |
Background
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, et al., Case No. 16-42529.
In addition, as previously disclosed, on May 18, 2016, the Bankruptcy Court entered an order approving that certain Superpriority Secured Debtor-in-Possession Credit Agreement (as amended from time to time, the DIP Credit Agreement), dated April 18, 2016, between the Company, as borrower, Citibank, N.A., as administrative agent and the lender parties thereto on a final basis. Also as previously disclosed, on December 2, 2016, the Company filed a motion with the Bankruptcy Court seeking, among other things, authority to pay in full all amounts outstanding under the DIP Credit Agreement (the DIP Obligations) prior to the scheduled maturity date and confirmation of the Companys continued use of cash collateral.
Termination of DIP Credit Agreement
On December 14, 2016, the Bankruptcy Court entered an order authorizing the early repayment of the DIP Obligations. On December 15, 2016, the Company repaid in full the DIP Obligations. Upon making this payment, the Companys obligations under the DIP Credit Agreement were satisfied in full and the DIP Credit Agreement was terminated.
Descriptions of the terms and conditions of the DIP Credit Agreement are set forth in the Companys Current Reports on Form 8-K filed with the Securities and Exchange Commission on April 22, 2016, May 25, 2016, October 14, 2016, November 23, 2016 and December 14, 2016 and are incorporated herein by reference.
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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.
PEABODY ENERGY CORPORATION | ||||||
December 15, 2016 | By: | /s/ A. Verona Dorch | ||||
Name: A. Verona Dorch | ||||||
Title: Chief Legal Officer |
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