The applicable consent fee will be paid to consenting holders promptly after the Expiration Time, subject to customary conditions described in the Consent Solicitation Statement. The Company is soliciting consents as a single proposal from Holders of at least a majority in aggregate principal amount of the outstanding Notes of each series. Accordingly, adoption of the Proposed Amendments required the consent of Holders of at least a majority in aggregate principal amount of the Notes of each series outstanding, with the Notes of each series voting separately as a class (such consents, the “Requisite Consents”).
The Company informed the trustee for the Notes today that the Requisite Consents had been delivered, and not revoked, with respect to approximately 60.14% of the outstanding aggregate principal amount of the 6.000% Senior Secured Notes due 2022 and approximately 61.31% of the outstanding aggregate principal amount of the 6.375% Senior Secured Notes due 2025. The receipt of the Requisite Consents makes all consents that have been validly delivered and not validly revoked prior to the Effective Time (as defined below), or that will be validly delivered prior to the Expiration Time, irrevocable. Accordingly, on August 9, 2018, the Company and Wilmington Trust, National Association, as trustee entered into a supplemental indenture with respect to the Indenture reflecting the Proposed Amendments (the “Supplemental Indenture”). Although the Supplemental Indenture became effective upon its execution and delivery (the “Effective Time”), the Proposed Amendments shall become operative only after the applicable consent payments are paid.
The Company has retained J.P. Morgan Securities LLC to act as Solicitation Agent in connection with the Consent Solicitations. Questions about the Consent Solicitations may be directed to J.P. Morgan Securities LLC at (866)834-4666 (toll free) or (212)834-3260 (collect). Requests for copies of the Consent Solicitation Statement and related documents, and assistance relating to the procedures for delivering consents, may be obtained by contactingIpreo LLC, the Information and Tabulation Agent, at (212)849-3880 (banks and brokers) or (888)593-9546 (toll free).
This press release is not an offer to purchase or sell securities, a solicitation of an offer to purchase or sell securities or a solicitation of consents, and no recommendation is made as to whether or not Holders of Notes should consent to the adoption of the Proposed Amendments. The Consent Solicitations are not being made to Holders of Notes in any jurisdiction in which the making thereof would not be in compliance with the securities, blue sky or other laws of such jurisdiction.
Peabody (NYSE: BTU) is the leading global pure-play coal company and a member of the Fortune 500, serving power and steel customers in more than 25 countries on six continents. Peabody offers significant scale, high-quality assets, and diversity in geography and products. Peabody is guided by seven core values: safety, sustainability, leadership, customer focus, integrity, excellence and people. For further information, visit PeabodyEnergy.com.
Cautionary Statement Regarding Forward-Looking Statements
This press release contains forward-looking statements within the meaning of the securities laws. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words or variation of words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “projects,” “forecasts,” “targets,” “would,” “will,” “should,”