Patriot Coal Statement on Forward-Looking Information
Some of the following information contains forward-looking statements within
the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934, as amended, and is intended to come within the
safe-harbor protection provided by those sections.
Forward Looking Statements
Certain statements in this document are forward-looking as defined in the
Private Securities Litigation Reform Act of 1995. These statements involve
certain risks and uncertainties that may be beyond our control and may cause
our actual future results to differ materially from expectations. We do not
undertake to update our forward-looking statements. Factors that could affect
our results include, but are not limited to: changes in laws or regulations;
changes in general economic conditions, including coal and power market
conditions; the outcome of commercial negotiations involving sales contracts or
other transactions; the Company's dependence on coal supply agreements with
Peabody Energy Corporation in the near future; geologic, equipment and
operational risks associated with mining; supplier and contract miner
performance and the availability and cost of key equipment and commodities; the
Company's ability to replace coal reserves; labor availability and relations;
availability and costs of transportation; weather patterns affecting energy
demand; ability to obtain mining permits; legislative and regulatory
developments; risks associated with environmental laws and compliance; the
outcome of pending or future litigation; and the availability and costs of
competing energy resources. The Company undertakes no obligation (and expressly
disclaims any such obligation) to publicly update or revise any forward-looking
statement, whether as a result of new information, future events or otherwise.
For additional information concerning factors that could cause actual results
to materially differ from those projected herein, please refer to the Company's
Form 10-K, 10-Q, S-4 and 8-K reports.
EBITDA or Adjusted EBITDA is defined as net income (loss) before deducting
interest expense and income, income taxes, minority interests, asset retirement
obligation expense and depreciation, deletion and amortization. For a
reconciliation of EBITDA, a non-GAAP financial measure, to net income (loss),
the most comparable GAAP measure, please see the attached Appendix.
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