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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 />Pg3of21 <br />years due to the rise of low priced alternative energy sources — including an abundance of natural <br />gas. Combined with these factors, slowing global economic growth drove a wide range of goods <br />prices lower in 2015 and resulted in the largest broad market decline since 1991. Indeed, <br />demand from electric utilities in the United States alone declined approximately 110 million tons <br />in 2015. These market conditions, in connection with lower realized pricing in the United States <br />and Australia, resulted in a 2 1. 0 million ton decline in the Debtors' and their non -debtor <br />subsidiaries' coal sales during 2015. As a result of these challenges, several large United States <br />coal companies have filed for chapter 1 I protection in recent years. <br />6. A comprehensive description of the Debtors' businesses and operations, <br />capital structure and the events leading to the commencement of these chapter 11 cases can be <br />found in the Declaration of Amy Schwetz, Executive Vice President and Chief Financial Officer <br />of Debtor PEC, in Support of First Day Pleadings of Debtors and Debtors in Possession <br />(the "First Day Declaration"), which was filed contemporaneously herewith and is incorporated <br />herein by reference. <br />The Debtors' Clearing Activities <br />7. In addition to mining operations, the Debtors and their non -Debtor affiliates <br />market and broker coal from other coal producers, both as principal and agent, and trade coal and <br />freight related contracts through trading and business offices in Australia, China, Germany, India, <br />Indonesia, the United Kingdom and the U.S (the "Trading and Brokerage Business"). Coal <br />brokering is conducted both as principal and agent in support of various coal production -related <br />activities that may involve coal produced from the company's mines, coal sourcing arrangements <br />with third -party mining companies or offtake agreements with other coal producers. The Trading <br />and Brokerage segment also provides transportation -related services, which involve both <br />financial derivative contracts and physical contracts. <br />-3- <br />
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