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2016-02-22_ENFORCEMENT - C1994082
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2016-02-22_ENFORCEMENT - C1994082
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Last modified
8/24/2016 6:19:23 PM
Creation date
3/4/2016 10:58:41 AM
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Template:
DRMS Permit Index
Permit No
C1994082
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.
TDNX16140182005
Email Name
JRS
MPB
DIH
JHB
Media Type
D
Archive
No
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Adjusted EBITDA is used by management as the primary metric to measure our segments' operating performance. <br />We also believe non -GAAP performance measures are used by investors to measure operating performance and <br />lenders to measure our ability to incur and service debt. Adjusted EBITDA is defined as (loss) income from <br />continuing operations before deducting net interest expense, income taxes, asset retirement obligation expense, <br />depreciation, depletion and amortization, asset impairment and mine closure costs, charges for the settlement of <br />claims and litigation related to previously divested operations and changes in deferred tax asset valuation allowance <br />and amortization of basis difference related to equity affiliates. A reconciliation of income (loss) from continuing <br />operations to Adjusted EBITDA is included in this release. Adjusted EBITDA is not intended to serve as an <br />alternative to U.S. GAAP measures of performance and may not be comparable to similarly -titled measures <br />presented by other companies. <br />Adjusted (Loss) Income from Continuing Operations and Adjusted Diluted EPS are defined as (loss) income from <br />continuing operations and diluted earnings per share from continuing operations, respectively, excluding the impacts <br />of asset impairment and mine closure costs and charges for the settlement of claims and litigation related to <br />previously divested operations, net of tax, and the remeasurement of foreign income tax accounts on the company's <br />income tax provision. The company calculates income tax benefits related to asset impairment and mine closure <br />costs and charges for the settlement of claims and litigation related to previously divested operations based on the <br />enacted tax rate in the jurisdiction in which they have been or will be realized, adjusted for the estimated <br />recoverability of those benefits. Management also believes that excluding the impact of the remeasurement of <br />foreign income tax accounts represents a meaningful indicator of the company's ongoing effective tax rate. <br />
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