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2016-11-02_GENERAL DOCUMENTS - C1992081
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2016-11-02_GENERAL DOCUMENTS - C1992081
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Last modified
11/10/2016 1:13:58 PM
Creation date
11/10/2016 10:32:04 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
General Documents
Doc Date
11/2/2016
Doc Name
Fifth Omnibus Motion of the Debtors for an Order
From
United States Bankruptcy Court Eastern Disctrict of Missouri Eastern Division
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
DIH
JRS
JHB
Media Type
D
Archive
No
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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 3 of 99 <br />agreements. In the United States alone, as of December 31, 2015, the Debtors held an estimated <br />5.5 billion tons of proven and probable coal reserves, and the Debtors generated sales of <br />approximately 180 million tons of coal. <br />The Debtors operate in a competitive and highly regulated industry that has <br />experienced strong headwinds and precipitously declining demand and pricing in recent years <br />due, in part, to the rise of low priced alternative energy sources — including an abundance of <br />natural gas. Combined with these factors, slowing global economic growth drove a wide range <br />of goods prices lower in 2015 and resulted in the largest broad market decline since 1991. <br />Indeed, demand from electric utilities in the United States alone declined approximately 110 <br />million tons in 2015. These market conditions, in connection with lower realized pricing in the <br />United States and Australia, resulted in a 21.0 million ton decline in the Debtors' and their non - <br />debtor subsidiaries' coal sales during 2015. <br />Facts Relevant to This Motion <br />The Leases <br />6. As detailed in prior filings, the Debtors' businesses are vast and complex, <br />with coal mining operations located throughout the United States. In connection with these <br />operations, the Debtors estimate that, as of the Petition Date, the Debtors were lessee, sublessee <br />or party to more than 6,600 leases, surface leases, subleases, land use licenses, rights of way, <br />easements and/or similar agreements, including any modifications, amendments, addenda or <br />supplements thereto. Much of the value of the Debtors' businesses derives from, or is otherwise <br />related to, leases providing them with the right to mine. <br />NAI -1502082594x7 <br />
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