8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

Form 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d)

OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): August 11, 2021

PEABODY ENERGY CORPORATION

(Exact name of registrant as specified in its charter)

Delaware	1-16463	13-4004153
(State or Other Jurisdiction of Incorporation)	(Commission File Number)	(I.R.S. Employer Identification No.)

701 Market Street, St. Louis, Missouri	63101-1826
(Address of Principal Executive Offices)	(Zip Code)

Registrant’s telephone number, including area code: (314) 342-3400

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class	Trading Symbol(s)	Name of each exchange on which registered
Common Stock, par value $0.01 per share	BTU	New York Stock Exchange

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On August 11, 2021, Peabody Energy Australia Coal Pty Ltd, a wholly-owned subsidiary of Peabody Energy Corporation (the “Company”), entered into an Variation of Employment Contract (the “Amendment”) to the Employment Agreement dated October 22, 2020 (the “Employment Agreement”), with Darren R. Yeates, the Company’s Executive Vice President and Chief Operating Officer. The Employment Agreement limited the Company’s contribution to the Australia superannuation fund to 10% of the statutory maximum covered base salary, currently AU$235,680 per year. The Company’s standard practice is to contribute the superannuation percentage on full base salary, including the amount above the statutory maximum. The Amendment modifies the Employment Agreement to be consistent with treatment for other of the Company’s Australian employees effective as of August 1, 2021. Pursuant to the Amendment, the Company’s additional superannuation contribution per year, using Mr. Yeates’ current salary and the Company’s superannuation amounts, would be AU$74,570.

The foregoing description of the Amendment does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the Amendment, 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
99.1	Variation of Employment Contract, dated August 11, 2021, between Peabody Energy Australia Coal Pty Ltd and Darren R. Yeates.
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
August 13, 2021	By:	/s/ Scott T. Jarboe
	Name:	Scott T. Jarboe
	Title:	Chief Legal Officer

EX-99.1

Exhibit 99.1

	Peabody
	Peabody Plaza
	701 Market Street
	St. Louis, MO 63101-1826
	314.342.4383
JAMES GRECH	jimgrech@peabodyenergy.com
President and Chief Executive Officer

August 11, 2021

PRIVATE & CONFIDENTIAL

Mr. Darren Yeates

c/- 100 Melbourne Street

South Brisbane QLD 4101

Dear Darren:

Variation of Employment Contract

This letter serves to confirm the recent discussion regarding variations to the terms and conditions of your employment contract (Contract). The details of the varied terms are outlined below and will be effective from August 1, 2021:

1. All references to the words ‘plus superannuation up to the maximum contribution base’ in the remuneration table on page 1 of the Contract, are deleted in its entirety and replaced with the wording: ‘plus superannuation in accordance with this Contract’.

2. The clause titled ‘Superannuation’ is deleted in its entirety and replaced with the following:

“The Company will make monthly contributions in accordance with legislative requirements and Peabody policies, currently at 10% of your base salary. Salary sacrifice options are available to you should you wish to make additional contributions, and if so, those will be in accordance with the applicable Company policy as amended from time to time and Australian taxation legislation.”

All other benefits and conditions of your original employment contract will remain unchanged.

Please sign and return the acknowledgement below to signify your acceptance of these changes.

Yours sincerely,

James Grech

President & Chief Executive Officer

I acknowledge and accept the terms and conditions contained in this letter

Darren Yeates	Peabody Energy Australia Coal PTY LTD
Executive Vice President & COO	by: Ferdinand Kruger, VP - Operations HR

XML

Document and Entity Information	Aug. 11, 2021
Cover [Abstract]
Entity Registrant Name	PEABODY ENERGY CORP
Amendment Flag	false
Entity Central Index Key	0001064728
Document Type	8-K
Document Period End Date	Aug. 11, 2021
Entity Incorporation State Country Code	DE
Entity File Number	1-16463
Entity Tax Identification Number	13-4004153
Entity Address, Address Line One	701 Market Street
Entity Address, City or Town	St. Louis
Entity Address, State or Province	MO
Entity Address, Postal Zip Code	63101-1826
City Area Code	(314)
Local Phone Number	342-3400
Written Communications	false
Soliciting Material	false
Pre Commencement Tender Offer	false
Pre Commencement Issuer Tender Offer	false
Security 12b Title	Common Stock, par value $0.01 per share
Trading Symbol	BTU
Security Exchange Name	NYSE
Entity Emerging Growth Company	false