0000876661-16-000954.txt : 20160504
0000876661-16-000954.hdr.sgml : 20160504
20160504100520
ACCESSION NUMBER: 0000876661-16-000954
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20160504
DATE AS OF CHANGE: 20160504
EFFECTIVENESS DATE: 20160504
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: PEABODY ENERGY CORP
CENTRAL INDEX KEY: 0001064728
STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221]
IRS NUMBER: 134004153
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-16463
FILM NUMBER: 161617759
BUSINESS ADDRESS:
STREET 1: 701 MARKET ST
CITY: ST LOUIS
STATE: MO
ZIP: 63101-1826
BUSINESS PHONE: 3143423400
MAIL ADDRESS:
STREET 1: 701 MARKET ST
CITY: ST LOUIS
STATE: MO
ZIP: 63101-1826
FORMER COMPANY:
FORMER CONFORMED NAME: P&L COAL HOLDINGS CORP
DATE OF NAME CHANGE: 19980623
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE LLC
CENTRAL INDEX KEY: 0000876661
IRS NUMBER: 000000000
STATE OF INCORPORATION: NY
FILING VALUES:
FORM TYPE: 25-NSE
BUSINESS ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 212-656-2060
MAIL ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
FORMER COMPANY:
FORMER CONFORMED NAME: NEW YORK STOCK EXCHANGE INC
DATE OF NAME CHANGE: 19910628
25-NSE
1
primary_doc.xml
X0203
0000876661
NEW YORK STOCK EXCHANGE LLC
1064728
PEABODY ENERGY CORP
001-16463
701 Market Street
Suite 700
Saint Louis
MO
MISSOURI
63101-1826
(314) 342-3400
Common Stock
17 CFR 240.12d2-2(b)
Benjamin Sawyer
Manager
2016-05-04
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
New York Stock Exchange LLC (the 'Exchange' or the 'NYSE') hereby notifies the Securities and Exchange Commission ('SEC') of its intention to remove the entire class of Common Stock ('Common Stock') of Peabody Energy Corporation (the 'Company') from listing and registration on the Exchange at the opening of business on May 16, 2016, pursuant to the provisions of Rule 12d2-2(b) because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange. The Exchange reached its decision pursuant to Section 802.01D of the Listed Company Manual (the 'Manual') based on the Company's April 13, 2016 announcement that it and a majority of its US entities have voluntarily filed petitions under Chapter 11 in the United States Bankruptcy Court for the Eastern District of Missouri.
1. Section 802.01D of the Manual states that the Exchange would normally give consideration to suspending or removing from the list a security of a company when 'an intent to file under any of the sections of the bankruptcy law has been announced or a filing has been made or liquidation has been authorized and the company is committed to proceed.'
2. Based on the Company's April 13, 2016 announcement mentioned above, on April 13, 2016, the Exchange determined that the Common Stock of the Company should be suspended immediately from trading, and directed the preparation and filing with the SEC of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by letter on April 13, 2016.
3. Pursuant to the above authorization, a press release was immediately issued and an announcement was made on the 'ticker' of the Exchange immediately and at the opening of the trading session on April 13, 2016 of the suspension of trading in the Common Stock. Similar information was included on the Exchange’s website.
4. The Company had a right to appeal to the Committee for Review of the Board of Directors of NYSE Regulation the determination to delist its Common Stock, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of delisting determination. The Company did not file such request within the specified time period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.