2009-06-30_APPLICATION CORRESPONDENCE - C2009087

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. C Z od 1" OS '7 Kaldenbach Tom P,, Mio,,efr?..... /acv. From: Nettleton, Jerry [JNettleton@peabodyenergy.com] 4`P T rw'., ScccA DXMJ Sent: Tuesday, June 30, 2009 3:25 PM pp To: Kaldenbach, Tom /? e S KI .?? o „vn ¢/r r+ , jo Cc: Wagner, George Subject: FW: Sage Creek Mine Permit Application - Status and Rights for Grassy Creek Holdings Property Tom - Please see the following e-mail message from our Manager-Lands re: the Grassy Creek Holdings surface ownership question we discussed - Best regards, Jerry -----Original Message----- From: Wagner, George Sent: Tuesday, June 30, 2009 3:00 PM To: Nettleton, Jerry Subject: Sage Creek Jerry Currently Grassy Creek Holdings is in bankruptcy, with Peabody being one of the primary secured creditors. Sage Creek Holdings has made an offer to reacquire the Grassy Creek property, which includes 580 acres of former Seneca property. The offer has been accepted by the Trustee for Grassy Creek Holdings, and is in the due diligence period that ends July 6th. Our offer is subject to over-bid through the bankruptcy process until July 10th, but we have no indication that any other party(s) is interested. If no other party submits a bid that is greater than our offer, we will close on the reaquisition of the property on or before July 30th. As a secured creditor, and through easements established when the property was sold to Grassy Creek Holdings, we have full access to the Grassy Creek property during the interim period. We also have an perpetual easement for the access road, and a reclamation easement for the former Seneca property and facilities, under which we would retain certain rights, even in the unlikely event that the sale from Grassy Creek Holdings to Sage Creek Holdings did not close. George Sent Via Blackberry Cell: 314-276-5700 ----------------------------------------- E-mail Disclaimer: The information contained in this e-mail, and in any accompanying documents, may constitute confidential and/or legally privileged information. The information is intended only for use by the designated recipient. If you are not the intended recipient (or responsible for the delivery of the message to the intended recipient), you are hereby notified that any dissemination, distribution, copying, or other use of, or taking of any action in reliance on this e-mail is strictly prohibited. If you have received this email communication in error, please notify the sender immediately and delete the message from your system. 1