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the mine site, and sell the real property for non-mining uses. The <br /> Debtor believed that Chapter 11 presented the best vehicle for <br /> addressing these concerns. <br /> II. DEVELOPMENTS IN CHAPTER 11 CASE <br /> A. Negotiations for Sale of Mine as Operating Facility <br /> As noted in Section I.B. , "The Mining Operation, " on page <br /> 1 above, the Debtor's primary customer in the late 1980's was <br /> Geneva Steel Corporation ( "Geneva" ) . The Debtor's suspension of <br /> mining operations in January 1991, forced Geneva, located in Utah, <br /> to obtain substitute coal from eastern suppliers. This resulted in <br /> higher costs to Geneva due to higher freight charges. <br /> Geneva was one of the potential purchasers initially <br /> contacted by the Debtor in March 1991, but it did not respond at <br /> that time. Geneva indicated that it was reluctant to become <br /> involved because it considered itself to be a steel producer and <br /> not a coal mine operator. At the same time, Geneva had an obvious <br /> desire that the mine be reopened. <br /> At the end of 1991, after negotiations with A.T. Massey <br /> collapsed and it appeared that the Mine would not be sold to <br /> another coal company, Geneva initiated negotiations to acquire the <br /> Mine. Intensive negotiations resulted in an agreement in principle <br /> to lease and sell the Mine to a newly-created Geneva subsidiary, <br /> Crystal Springs Coal Company. The Debtor and Geneva agreed to a <br /> Terms Sheet (the "Terms Sheet" ) on March 17, 1992. <br /> Pursuant to the Terms Sheet, Crystal Springs funded 75% <br /> of the expenses of mothballing the Mine pending sale of the Mine or <br /> termination of negotiations. These expenses were estimated at <br /> approximately $150,000 per month. Mothballing costs included, <br /> among other things, payment of monthly utility services necessary <br /> to pump and ventilate the Mine, property insurance premiums, <br /> casualty insurance premiums, costs of labor and costs such as <br /> health and dental attributable to the Mine crews performing <br /> maintenance. The Debtor's officers and directors received no <br /> compensation. <br /> The Debtor sought and obtained Court approval to obtain <br /> post-petition financing secured by a senior lien. Repayment of the <br /> post-petition financing from Crystal Springs occurred only under <br /> limited circumstances: (i) if the Debtor breached its obligations <br /> under the anticipated sale agreement, Crystal Springs would be <br /> entitled to recover all advances; and (ii) if the sale and lease to <br /> Crystal Springs was not approved by the Bankruptcy Court, Crystal <br /> Springs would be entitled to repayment of one-third of its <br /> advances. If the transaction failed to close for any other reason, <br /> Crystal Springs would have a claim for its mothball advances but <br /> that claim would not be secured by a senior lien and would be <br /> 8 <br />