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2016-04-25_GENERAL DOCUMENTS - C1982056 (12)
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2016-04-25_GENERAL DOCUMENTS - C1982056 (12)
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Last modified
8/24/2016 6:21:05 PM
Creation date
4/26/2016 1:13:53 PM
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 Pursuant to Sections
From
United State Bankruptcy
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 28 Filed 04/13/16 Entered 04/13/16 11:32:40 Main Document <br />Pg 18 of 31 <br />the Essential Suppliers, if the Debtors lose their supplier relationships, production could be <br />threatened, revenue could suffer and operations may be placed in jeopardy. <br />36. The Debtors' mines require regular and reliable delivery of specialized equipment, <br />parts, supplies and services provided by highly -specialized suppliers. Further, without certain of <br />these supplies and services, the Debtors could not operate or maintain compliance with statutory <br />and regulatory requirements regarding mine safety. The Debtors also rely on steady deliveries of <br />coal processing chemicals and minerals, without which supplies the Debtors' mines and coal <br />processing facilities could fall idle. Replacing any of these suppliers would force the Debtors to <br />incur costs and delays they can ill afford. The Debtors also could not continue to operate without <br />the services provided by their environmental and engineering service providers whose expertise <br />and assistance is necessary for the Debtors to maintain compliance with legal and regulatory <br />mandates regarding mine safety and environmental protection. Under these circumstances, the <br />Debtors believe that, in their business judgment, authorization to pay Essential Suppliers, under <br />the terms and conditions set forth herein, is necessary to ensure that the Debtors' operations will <br />not suffer interruptions, and to preserve the value of the Debtors' estates. <br />37. Absent the relief requested herein, the Debtors' stakeholders may question the <br />Debtors' ability to maintain "business as usual" operations and relationships with their <br />stakeholders during the duration of these chapter 11 cases. The Debtors' continued success <br />depends on maintaining the confidence of their key stakeholder groups. Any loss of confidence <br />among these stakeholders could jeopardize important and valuable employee, customer and <br />vendor relationships and harm the Debtors' chapter 11 estates. Under these circumstances, <br />approval of the requested relief is appropriate and is necessary to avoid irreparable harm to the <br />Debtors' estates. <br />
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