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2016-04-14_GENERAL DOCUMENTS - C1994082 (5)
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2016-04-14_GENERAL DOCUMENTS - C1994082 (5)
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Last modified
8/24/2016 6:20:46 PM
Creation date
4/18/2016 12:14:20 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
General Documents
Doc Date
4/14/2016
Doc Name
Motion of the Debtors And Debtors in Possession
From
United State Bankruptcy Court
To
Drms
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JHB
Media Type
D
Archive
No
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Case 16-42529 Doc 23 Filed 04/13/16 Entered 04/13/16 11:20:44 Main Document <br />Pg 7 of 32 <br />bonding programs maintained by certain states in which the Debtors operate.5 Pursuant to the <br />Self -Bonding Privileges, each applicable Debtor has issued one or more bonds to secure that <br />Debtor's Reclamation Obligations, and each such bond is supported by a guarantee issued by <br />Debtor Peabody Investments Corp. In certain circumstances, the applicable states' self -bonding <br />programs allow for or require adjustments in the amount in which the Debtors are authorized to <br />self -bond. As of March 31, 2016, the Debtors are authorized, pursuant to their Self -Bonding <br />Privileges, to self -bond in the applicable states with respect to approximately $1.15 billion in <br />aggregate Reclamation Obligations. If the Debtors lose their current Self -Bonding Privileges, <br />they would be required to secure their Reclamation Obligations in another manner, possibly by <br />obtaining additional Third -Party Surety Bonds. <br />16. It is essential to the Debtors' operations that they maintain their Surety <br />Bond Program on an ongoing and uninterrupted basis. The non-payment of obligations under <br />the Surety Bond Program could result in one or more of the Issuers attempting to terminate, <br />declining to renew or refusing to enter into Third -Party Surety Bonds with the Debtors in the <br />future, or one or more Governmental Authorities seeking to terminate the Debtors' Self -Bonding <br />Privileges. If any Surety Bonds lapse without renewal, or if the Debtors are unable to self -bond <br />or obtain new Third -Party Surety Bonds for certain purposes, the Debtors could default on <br />various obligations, which could severely disrupt the Debtors' operations and impair the Debtors' <br />prospects for a successful reorganization to the detriment of all parties in interest. Moreover, any <br />failure by the Debtors to maintain their Third -Party Surety Bonds or continue the self -bonding <br />required to secure certain specific obligations, such as the Debtors' reclamation obligations or <br />pursuant to their workers' compensation insurance programs, could cause the Debtors to default <br />The Debtors enjoy Self -Bonding Privileges in Illinois, Indiana, New Mexico and Wyoming. <br />-7- <br />
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