UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Form
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
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Item 1.02 | Termination of a Material Definitive Agreement. |
As previously disclosed, on September 29, 2020, Peabody Energy Corporation (the “Company” or “Peabody”) announced that the U.S. District Court had concluded its review and was supporting Federal Trade Commission efforts to block the formation of a joint venture combining the respective Powder River Basin and Colorado mining operations of Peabody and Arch Resources, Inc. (f/k/a Arch Coal, Inc.) (“Arch”).
On October 5, 2020, the Company and Arch executed a mutual termination agreement (the “Termination Agreement”), effective as of September 30, 2020, to terminate that certain Implementation Agreement, dated June 18, 2019, between Peabody and Arch (the “Implementation Agreement”) to establish the joint venture between Peabody and Arch. Neither Peabody nor Arch will be required to pay the other a termination fee as a result of the mutual decision to terminate the Implementation Agreement.
The foregoing description of the Termination Agreement does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the Termination Agreement, a copy of which is attached as Exhibit 10.1 hereto and incorporated by reference.
Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
Exhibit No. |
Description | |
10.1 | Termination Agreement, dated as of October 5, 2020, between Peabody Energy Corporation and Arch Resources, Inc. | |
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
PEABODY ENERGY CORPORATION | ||||||
October 6, 2020 | By: | /s/ Scott T. Jarboe | ||||
Name: | Scott T. Jarboe | |||||
Title: | Chief Legal Officer |