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2016-02-22_ENFORCEMENT - C1981044
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2016-02-22_ENFORCEMENT - C1981044
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Last modified
8/24/2016 6:19:23 PM
Creation date
3/4/2016 10:58:32 AM
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DRMS Permit Index
Permit No
C1981044
IBM Index Class Name
Enforcement
Doc Date
2/22/2016
Doc Name
Notice of Intent to File Law Suit Against Peabody Energy
From
Wild Earth Guardians
To
Peabody Energy
Violation No.
TDNX16140182004
Email Name
JRS
MPB
DIH
TNL
Media Type
D
Archive
No
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percent. 2015 capital spending declined 35 percent, and extensive efforts were <br />advanced to streamline the organization leading to a 22 percent reduction in SG&A <br />expenses, the lowest levels in nearly a decade. Given ongoing market challenges, the <br />company continues to drive cost improvements at all levels of the organization. <br />• Preserving liquidity while reducing debt. The company continued to preserve <br />liquidity in 2015 by completing a bond offering, modifying its credit agreement, reducing <br />costs and lowering capital spending. Peabody and its advisors are currently in <br />discussions with debt holders to evaluate financial alternatives, including potential debt <br />exchanges, debt buybacks and new financing, to preserve liquidity and delever the <br />balance sheet. Peabody also has a number of committed obligations that expire or <br />meaningfully decline in the next two years: <br />o The company's final PRB reserve installment of approximately $250 million is <br />scheduled to be paid in the second half of 2016. The payment is related to the <br />company's last lease -by -application process in 2012. As a result of investments <br />in prior years, Peabody's PRB reserves represent more than 25 years of current <br />production, which provides a competitive advantage relative to other producers. <br />o Peabody's existing currency and fuel hedges decline in 2016 and expire by the <br />end of 2017. As these positions expire, the company expects progressively <br />lower cash settlements in 2016 and 2017 relative to realized 2015 hedge losses <br />of $436.8 million. <br />o The company proactively assigned excess Australian port capacity to another <br />producer, which is expected to reduce infrastructure costs by approximately $60 <br />million through 2020. In addition, Peabody recently amended contracts to reduce <br />certain U.S. transportation and logistics costs expected to be due in early 2017. <br />In connection with these amendments, Peabody will realize a net reduction of <br />approximately $45 million in estimated liquidated damage payments that <br />otherwise would have become due in early 2017. <br />o The company recently amended its 2013 agreement with the United Mine <br />Workers of America, improving Peabody's expected 2017 cash flows by $70 <br />million while deferring the 2016 payments over 10 months. <br />• Reshaping the portfolio to unlock value. Peabody announced the planned sale of its <br />New Mexico and Colorado assets for $358 million in November, and the purchaser is <br />currently arranging financing. Peabody also announced plans to divest its interest in the <br />Prairie State Energy Campus for $57 million. In 2015, the company realized cash <br />proceeds of $70 million related to its ongoing resource management activities through <br />the sale of surplus land and coal reserves. Peabody continues to evaluate its portfolio to <br />
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