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Case 16-42529 Doc 1478 Filed 10124/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 2 of 99 <br />nonresidential real property; (b) authorizing the rejection of certain of the Debtors' unexpired <br />leases of nonresidential real property; and (c) granting certain related relief. In support of this <br />motion (the "Motion"), the Debtors respectfully state as follows: <br />Jurisdiction and Venue <br />This Court has subject matter jurisdiction to consider this matter pursuant <br />to 28 U.S.C. §§ 157 and 1334 and Rule 81-9.01(B)(1) of the Local Rules of the United States <br />District Court for the Eastern District of Missouri. This is a core proceeding pursuant <br />to 28 U.S.C. § 157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 <br />and 1409. <br />Background <br />2. On April 13, 2016 (the "Petition Date"), the Debtors commenced their <br />reorganization cases by filing voluntary petitions for relief under the Bankruptcy Code. <br />The Debtors are authorized to continue to operate their businesses and manage their properties as <br />debtors in possession pursuant to sections I I07(a) and 1108 of the Bankruptcy Code. <br />Debtor PEC is a Delaware corporation headquartered in St. Louis, Missouri. <br />PEC was incorporated in 1998 and became a public company in 2001. Each of the other Debtors <br />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 26 <br />active coal mining operations located in the United States and Australia. The Debtors' domestic <br />mines produce and sell thermal coal, which is primarily purchased by electricity generators. <br />PEC's Australian operations mine both thermal and metallurgical coal, a majority of which is <br />exported to international customers. As of December 31, 2015, Debtor PEC's and its <br />subsidiaries' collective property holdings include 6.3 billion tons of proven and probable coal <br />reserves and approximately 500,000 acres of surface property through ownership and lease <br />NAI -1502082594x7 2 <br />