2016-04-25_GENERAL DOCUMENTS - C1982056 (20)

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Case 16-42529 Doc 34 Filed 04/13/16 Entered 04/13/16 11:51:31 Main Document Pg 1 of 46 75922-5 `r UNITED STATES BANKRUPTCY COURT 206 EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: Case No. 16-42529 CHAPTER 11 Peabody Energy Corporation, et al., (Joint Administration Requested) Debtors.l Hearing Date and Time: TBD Hearing Location: TBD MOTION OF THE DEBTORS AND DEBTORS IN POSSESSION, PURSUANT TO SECTIONS 345,363(c)(1), 364, 503(b)(1)AND 553 OF THE BANKRUPTCY CODE,FOR INTERIM AND FINAL ORDERS: (I)APPROVING THE CONTINUED USE OF THE DEBTORS' CASH MANAGEMENT SYSTEM, BANK ACCOUNTS AND BUSINESS FORMS; (II) GRANTING A WAIVER OF THE REQUIREMENTS OF SECTION 345(b)AND CERTAIN OF THE U.S. TRUSTEE'S OPERATING GUIDELINES; (III) PERMITTING CONTINUED INTERCOMPANY TRANSACTIONS; (IV)PRESERVING AND PERMITTING THE EXERCISE OF INTERCOMPANY SETOFF RIGHTS; AND (V) AUTHORIZING BANKS TO HONOR CERTAIN TRANSFERS AND CHARGE CERTAIN FEES AND OTHER AMOUNTS Peabody Energy Corporation ("PEC") and certain of its direct and indirect subsidiaries, as debtors and debtors in possession(collectively, the "Debtors"), hereby move this Court,pursuant to sections 345, 363(c)(1), 364, 503(b)(1) and 553 of title of 11 of the United States Code (the "Bankruptcy Code"), for the entry of interim and final orders: (a) Approving the Debtors' continued use of(i) their current cash management system, as it may be modified by any interim or final order approving the Debtors' continued use of cash collateral or proposed postpetition secured debtor in possession financing (the "DIP Facility"),2 (ii) certain of their existing bank accounts (collectively, the "Bank 1 The Debtors are their employer identification numbers are listed on Schedule 1 attached hereto. The addresses for each of the Debtors are set forth in the Debtors'chapter 11 petitions. 2 On the date hereof,the Debtors filed a motion seeking interim and final approval of the DIP Facility.