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2016-04-25_GENERAL DOCUMENTS - C1982056 (5)
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2016-04-25_GENERAL DOCUMENTS - C1982056 (5)
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Last modified
8/24/2016 6:21:06 PM
Creation date
4/26/2016 9:59:15 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Motion of the Debtors and Debtors in Possession
From
United States Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JLE
Media Type
D
Archive
No
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Case 16-42529 Doc 32 Filed 04/13/16 Entered 04/13/16 11:43:47 Main Document <br />Pg2of21 <br />District Court for the Eastern District of Missouri. This is a core proceeding pursuant to 28 <br />U.S.C. § 157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. <br />Backiround <br />2. On April 13, 2016 (the "Petition Date"), the Debtors commenced their <br />reorganization cases by filing voluntary petitions for relief under chapter 11 the Bankruptcy <br />Code. The Debtors are authorized to continue to operate their businesses and manage their <br />properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy <br />Code. <br />Debtor PEC is a Delaware corporation headquartered in St. Louis, <br />Missouri. PEC was incorporated in 1998 and became a public company in 2001. Each of the <br />other Debtors is a wholly-owned direct or indirect subsidiary of PEC. <br />4. PEC is the world's largest private -sector coal company (by volume), with <br />26 active coal mining operations located in the United States and Australia. The Debtors' <br />domestic mines produce and sell thermal coal, which is primarily purchased by electricity <br />generators. PEC's Australian operations mine both thermal and metallurgical coal, a majority of <br />which is exported to international customers. As of December 31, 2015, Debtor PEC and its <br />subsidiaries' property holdings include 6.3 billion tons of proven and probable coal reserves and <br />approximately 500,000 acres of surface property through ownership and lease agreements. In <br />the United States alone, as of December 31, 2015, the Debtors held an estimated 5.5 billion tons <br />of proven and probable coal reserves, and the Debtors generated sales of approximately 180 <br />million tons of coal. In addition to its mining operations, the Debtors market and broker coal <br />from other coal producers across the United States, Australia, Europe and Asia. <br />The Debtors operate in a competitive and highly regulated industry that <br />has experienced strong headwinds and precipitously declining demand and pricing in recent <br />-2- <br />
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