2020-07-24_GENERAL DOCUMENTS - C1980004

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Case 1:20-bk-12043 Doc 3 Filed 07/22/20 Entered 07/22/20 17:38:25 Desc Main Document Page 2 of 42 United States Code (the `Bankruptcy Code") and first day motions and applications filed contemporaneously herewith. Except as otherwise indicated, the facts set forth in this Declaration are based upon my personal knowledge, my review of the relevant documents, and/or my opinion based upon personal experience and knowledge of the Debtors' businesses and financial condition. If called upon to testify, I could and would testify competently to the facts set forth in this Declaration. Commencement of Chapter 11 Cases 4. On July 22, 2020 (the "Petition Date"), each of the Debtors filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The Debtors intend to continue in the possession of their respective properties and management of their respective businesses as debtors-in-possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 5. Part I of my Declaration describes the businesses of the Debtors. Part II of my Declaration sets forth the circumstances giving rise to the commencement of these chapter 11 cases. Part III sets forth the relevant facts in support of the various first day motions (the "First Day Motions") and applications (the "Applications") filed by the Debtors concurrently with, or shortly after, the filing of this Declaration. I am familiar with the First Day Motions and the Applications filed by the Debtors. I. THE DEBTORS' BUSINESSES A. Coal Operations 6. The Debtors are diversified coal producers focused on coal and energy related assets and activities. The Debtors produce, process and sell high quality coal of various steam and metallurgical grades from multiple coal producing basins in the United States. The Debtors market steam coal primarily to electric utility companies as fuel for their steam powered generators. Customers for metallurgical coal are primarily steel and coke producers who use the 2