12-12900-scc Doc 18 Filed 07/09/12 Entered 07/09/12 22:10 ... · DAVIS POLK & WARDWELL LLP 450...

DAVIS POLK & WARDWELL LLP 450 Lexington Avenue New York, New York 10017 Telephone: (212) 450-4000 Facsimile: (212) 607-7983 Marshall S. Huebner Damian S. Schaible Brian M. Resnick Michelle M. McGreal

Proposed Counsel to the Debtors and Debtors in Possession

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re: PATRIOT COAL CORPORATION, et al., Debtors.1

Chapter 11 Case No. 12-[ ] (___) (Jointly Administered)

DEBTORS’ MOTION FOR AN ORDER AUTHORIZING THE DEBTORS TO CONTINUE AND RENEW SURETY BOND PROGRAM

Patriot Coal Corporation and its subsidiaries that are debtors and debtors in

possession in these proceedings (collectively, the “Debtors”) respectfully represent:

Relief Requested

1. By this Motion (the “Motion”), the Debtors request entry of an order in

the form attached hereto as Exhibit A (the “Interim Order”), pursuant to sections 363

and 364 of the Bankruptcy Code, authorizing the Debtors to maintain, continue and

renew, in their sole discretion, their Surety Bond Program (as defined below) on an

1 The Debtors are the entities listed on Schedule 1 attached hereto. The employer tax

identification numbers and addresses for each of the Debtors are set forth in the Debtors’ chapter 11 petitions.

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uninterrupted basis and in accordance with the same practices and procedures as were in

effect before the Petition Date. This authority would include permitting the Debtors (i) to

pay all amounts arising under the Surety Bond Program due and payable after the Petition

Date (the “Obligations”) and (ii) to renew or obtain new surety bonds as needed in the

ordinary course of business, including, but not limited to, as may be required by law or

judicial authority. If the requested relief is not granted and the Surety Bond Program is

interrupted, lapses or terminates, the Debtors’ operations could be severely affected,

thereby endangering the Debtors’ successful reorganization and substantially harming all

creditors.

Background and Jurisdiction

2. On July 9, 2012 (the “Petition Date”), each Debtor commenced with this

Court a voluntary case under chapter 11 of title 11 of the United States Code (the

“Bankruptcy Code”). The Debtors are authorized to operate their businesses and

manage their properties as debtors in possession pursuant to sections 1107(a) and 1108 of

the Bankruptcy Code.

3. Contemporaneously herewith, the Debtors have filed a motion requesting

joint administration of their chapter 11 cases pursuant to Rule 1015(b) of the Federal

Rules of Bankruptcy Procedure (the “Bankruptcy Rules”).

4. Additional information about the Debtors’ businesses and the events

leading up to the Petition Date can be found in the Declaration of Mark N. Schroeder,

Patriot Coal Corporation’s Senior Vice President and Chief Financial Officer, which is

incorporated herein by reference.


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5. The Court has subject matter jurisdiction to consider this matter pursuant

to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b) and may

be determined by the Bankruptcy Court. Venue is proper before this Court pursuant to

28 U.S.C. §§ 1408 and 1409.

The Debtors’ Surety Bond Program

6. In the ordinary course of their businesses, the Debtors are required to

provide to third parties surety bonds (the “Surety Bond Program”) to secure the

Debtors’ payment or performance of certain obligations, including obligations owed to

municipalities, obligations owed to state or federal agencies and judicial authorities,

contractual or permit obligations, obligations required by law, including pertaining to

workers’ compensation, mine closure, prospecting, water treatment or reclamation costs,

retirement-related obligations, obligations related to equipment leases, and obligations to

customers and suppliers. Failure to provide, maintain and timely replace these surety

bonds could jeopardize the Debtors’ ability to conduct their operations. The obligees of

such surety bonds (the “Obligees”), their issuers (the “Issuers”), their identification

numbers and/or the total bond amounts provided are set forth on Exhibit B attached

hereto.2

2 Although the Debtors have made a good faith effort to identify all of their current surety bonds

on Exhibit B, it is possible that some of the current surety bonds may not be listed on Exhibit B. The failure of the Debtors to include a particular surety bond on Exhibit B shall not operate to exclude such surety bond from the coverage of this Motion, any order entered in connection with this Motion.


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7. As of the Petition Date, the Debtors had approximately $238 million3 in

outstanding surety bonds. The vast majority of these surety bonds, in an aggregate

amount of approximately $228 million, have been provided by the Debtors to various

governmental authorities and agencies to secure certain reclamation obligations of the

Debtors in relation to their mining operations, especially those operations that are surface

mining operations. Other categories of surety bonds issued on behalf of the Debtors are

road bonds, in an aggregate amount of approximately $1 million, prospecting bonds, in

an aggregate amount of approximately $55,000, and miscellaneous bonds, in an

aggregate amount of approximately $8.3 million. For their surety bonds, the Debtors’

have posted collateral with the Issuers thereof, ranging in value from 20% to in excess of

65% of the amounts of the surety bonds. In aggregate, the Debtors have provided

collateral in an amount of approximately $102 million for this purpose.4 The premiums

for most of the surety bonds are determined annually and are paid by the Debtors to the

Issuers of the surety bonds at inception and annually thereafter.

8. Because the issuance of a surety bond shifts the risk of the Debtors’ non-

performance or non-payment from the Debtors’ obligee to the surety, sureties cautiously

screen bond applicants to minimize their loss exposure. Despite this reallocation of

financial risk, a surety bond is not the equivalent of an insurance policy. Unlike an

insurance policy, if an Issuer incurs a loss on a surety bond, it is entitled to recover the

3 These amounts include approximately $35 million in surety bonds that have been issued on

behalf of Arch Coal, Inc. (“Arch Coal”) in connection with a joint venture in which it participated with Magnum Coal Company LLC (“Magnum Coal”), which was acquired by the Debtors in 2008. The Debtors continue to reimburse Arch Coal for the premiums it pays in relation to these surety bonds, which are essential for the continuity of the Debtors’ Magnum Coal operations.

4 This includes approximately $86 million in collateral posted to the Issuers of the surety bonds issued on behalf of the Debtors and approximately $16 million in collateral posted to Arch Coal for the bonds issued on behalf of Arch Coal in connection with the joint venture with Magnum Coal.


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full amount of that loss from the principal. This right to indemnity is typically

memorialized in an indemnity agreement between the Issuer and the principal, the

execution of which is generally required by the Issuer as a precondition to the issuance of

a bond. The Debtors are a party to a number of such indemnity agreements (together, the

“Indemnity Agreements”). Pursuant to the Indemnity Agreements, the Debtors have

agreed to indemnify certain parties from any loss, cost, damage or expense they may

incur by reason of their execution of any bonds on behalf of Debtors. By this Motion, the

Debtors seek the authority, but not the obligation, to honor those Indemnity Agreements.

9. Based on the current financial status of the Debtors, it is unlikely that the

Debtors will be able to renew or obtain replacement surety bonds on an unsecured basis

and in some cases capacity may not be available even on a secured basis. In order to be

able to give the financial assurances the Debtors will be required to provide in order to

continue their business operations during the reorganization process, the Debtors must

maintain the existing Surety Bond Program and may need additional bonding capacity

not currently provided by the Surety Bond Program.5

10. Accordingly, to operate their businesses, which require the Surety Bond

Program, the Debtors will have to either renew or replace their existing surety bonds, and

will most likely have to maintain collateral arrangements similar to those currently in

place.

5 The Debtors’ proposed postpetition lending facility (the “DIP Facility”) contains a basket for the

collateralization of additional surety bonds that the Debtors’ may require on an ongoing basis.


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Continuing the Surety Bond Program and Paying All Obligations in Respect Thereof

Is Necessary to Preserve the Value of the Debtors’ Estates

11. The nature of the Debtors’ businesses and the extent of their operations

make it essential for the Debtors to maintain their Surety Bond Program on an ongoing

and uninterrupted basis. The nonpayment of any Obligations under the Surety Bond

Program could result in one or more of the Issuers terminating or declining to renew their

surety bonds or refusing to enter into surety bonds with the Debtors in the future. If any

surety bonds lapse without renewal, or the Debtors would be unable to obtain new surety

bonds for certain purposes, the Debtors could default on various obligations, which could

severely disrupt the Debtors’ operations to the detriment of all parties in interest. For

example, failure to maintain the required surety bonds could trigger cancellation of the

Debtors’ workers’ compensation insurance programs, cause the Debtors to be in violation

of their obligations under federal or state law, including, but not limited to, the Surface

Mining Control and Reclamation Act, and cause the Debtors to default on their

obligations to the Federal Department of Labor.

Basis for Relief Requested

12. Section 363(c)(1) expressly grants the Debtors the authority to “enter into

transactions . . . in the ordinary course of business” and “use property of the estate in the

ordinary course of business without notice or a hearing.” Therefore, the Debtors believe

they are permitted to pay all postpetition amounts due pursuant to the Surety Bond

Program and to renew or obtain new surety bonds as such actions are in the ordinary

course of the Debtors’ businesses.


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13. Section 364(c) permits a debtor unable to obtain unsecured credit

allowable in the ordinary course under section 364(a) to obtain credit (1) with priority

over any or all administrative expenses specified in sections 503(b) or 507(b); (2) secured

by a lien on property of the estate that is not otherwise subject to a lien; or (3) secured by

a junior lien on property of the estate that is subject to a lien. As set forth above, the

Debtors believe that it would be exceedingly difficult to obtain new bonding capacity at

this time except on a secured basis. To the extent the renewal or replacement or entry

into any new surety bond facility is deemed a secured extension of credit, the Debtors

request authority to do so pursuant to section 364(c) of the Bankruptcy Code. The

Debtors further submit that, pursuant to section 364(e), any reversal or modification on

appeal of this authorization to obtain credit under section 364 should not affect the

validity of the debt incurred or any priority of a lien granted.

14. The Debtors do not, at this time, seek to assume any contractual

obligations associated with surety bonds. Accordingly, if the Court authorizes the relief

requested herein, such relief should not be deemed to constitute post-petition assumption

or adoption of any surety bond, policy or agreement, in connection with the Surety Bond

Program or otherwise, as executory contracts pursuant to section 365 of the Bankruptcy

Code, except as specifically set forth herein.

Request for Waiver of Stay

15. In addition, by this Motion, the Debtors seek a waiver of any stay of the

effectiveness of the order approving this Motion. Pursuant to Bankruptcy Rule 6004(h),

“[a]n order authorizing the use, sale, or lease of property other than cash collateral is

stayed until the expiration of 14 days after entry of the order, unless the court orders


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otherwise.” As set forth above, the Debtors require immediate relief to continue ordinary

business operations for the benefit of all parties in interest. Accordingly, the Debtors

submit that ample cause exists to justify a waiver of the fourteen-day stay imposed by

Bankruptcy Rule 6004(h), to the extent that it applies.

Interim Order

16. The Debtors seek the relief requested in this Motion in the form of the

Interim Order attached hereto as Exhibit A. Within three business days of the entry of

the Interim Order, the Debtors shall serve a copy of the Interim Order and this Motion on

(a) the Office of the United States Trustee for the Southern District of New York (the

“U.S. Trustee”), (b) those creditors holding the five largest secured claims against the

Debtors’ estates on a consolidated basis, (c) those creditors holding the 50 largest

unsecured claims against the Debtors’ estates on a consolidated basis, (d) attorneys for

the administrative agents for the Debtors’ proposed postpetition lenders, (e) the Internal

Revenue Service, (f) the Securities and Exchange Commission, (g) the United States

Environmental Protection Agency, (h) the United States Attorney’s Office for the

Southern District of New York and (i) the Issuers and Obligees set forth on Exhibit B

attached hereto.

17. The Debtors request that the deadline to file an objection (“Objection”) to

the Motion shall be 4:00 p.m. (prevailing Eastern Time) on a date established by the

Court that is at least seven calendar days prior to any hearing scheduled by the Court with

respect to the relief sought herein on a final basis (the “Objection Deadline”). An

Objection shall be considered timely only if, on or prior to the Objection Deadline, it is

(a) filed with the Court and (b) served upon and actually received by (i) the U.S. Trustee,


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33 Whitehall Street, 21st Floor, New York, New York 10004, Attn: Elisabetta G.

Gasparini and Paul K. Schwartzberg, (ii) proposed counsel to the Debtors, Davis Polk &

Wardwell LLP, 450 Lexington Avenue, New York, New York 10017, Attn: Marshall S.

Huebner and Brian M. Resnick, (iii) attorneys for the administrative agents for the

Debtors’ proposed postpetition lenders, Weil, Gotshal & Manges LLP, 767 Fifth Avenue,

New York, NY 10153, Attn: Marcia Goldstein and Joseph Smolinsky, and Willkie Farr &

Gallagher LLP, 787 Seventh Avenue, New York, NY 10019, Attn: Margot B. Schonholtz

and Ana Alfonso and (iv) the attorneys for any official committee of unsecured creditors

then appointed in these cases.

18. Unless otherwise ordered by the Court, a reply to an Objection may be

filed with the Court and served on or before 12:00 p.m. (prevailing Eastern Time) on the

day that is at least two days before the date of the applicable hearing.

19. If no Objections are timely filed and served as set forth herein, the Debtors

shall, on or after the Objection Deadline, submit to the Court a final order granting the

relief requested herein, which order shall be submitted and may be entered with no

hearing and no further notice or opportunity to be heard afforded to any party. If an

Objection is timely filed, a hearing will be held at a date and time to be established by the

Court.

20. The foregoing notice procedures satisfy Bankruptcy Rule 9014 by

providing the counterparties with notice and an opportunity to object and be heard at a

hearing. See, e.g., In re Drexel Burnham Lambert, 160 B.R. 729, 734 (S.D.N.Y. 1993)

(an opportunity to present objections satisfies due process); In re Colorado Mountain

Cellars, Inc., 226 B.R. 244, 246 (D. Colo. 1998) (a hearing is not required to satisfy


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Bankruptcy Rule 9014). Furthermore, the proposed notice procedures protect the due

process rights of the parties in interest without unnecessarily exposing the Debtors’

estates to unwarranted administrative expenses.

Necessity for Immediate Relief

21. Bankruptcy Rule 4001(c) provides that the “court may conduct a hearing

before [14 days after service of the motion], but the court may authorize the obtaining of

credit only to the extent necessary to avoid immediate and irreparable harm to the estate

pending a final hearing.” Bankruptcy Rule 6003 provides that “[e]xcept to the extent that

relief is necessary to avoid immediate and irreparable harm, the court shall not, within 21

days after the filing of the petition, grant . . . (b) a motion to use, sell, lease, or otherwise

incur an obligation regarding property of the estate, including a motion to pay all or part

of a claim that arose before the filing of the petition . . . .” If the Debtors are not

permitted to continue to maintain their Surety Bond Program in their current forms, it

would cause immediate and irreparable harm by endangering the Debtors’ ability to

maintain sufficient surety bonds, which are necessary for their operations. Accordingly,

the interim relief requested herein is consistent with Bankruptcy Rules 4001 and 6003.

Notice

22. No trustee, examiner or creditors’ committee has been appointed in these

chapter 11 cases. The Debtors have served notice of this Motion on (a) the U.S. Trustee,

(b) those creditors holding the five largest secured claims against the Debtors’ estates on

a consolidated basis, (c) those creditors holding the 50 largest unsecured claims against

the Debtors’ estates on a consolidated basis, (d) attorneys for the administrative agents

for the Debtors’ proposed postpetition lenders, (e) the Internal Revenue Service, (f) the


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Securities and Exchange Commission, (g) the United States Environmental Protection

Agency, (h) the United States Attorney’s Office for the Southern District of New York

and (i) the Issuers and Obligees set forth on Exhibit B attached hereto.

No Previous Request

23. No previous request for the relief sought herein has been made by the

Debtors to this or any other court.

WHEREFORE, the Debtors respectfully request that the Court grant the relief

requested herein and such other and further relief as is just and proper.

Dated: New York, New York July 9, 2012

By: /s/ Damian S. Schaible Marshall S. Huebner

Damian S. Schaible Brian M. Resnick Michelle M. McGreal

DAVIS POLK & WARDWELL LLP 450 Lexington Avenue New York, New York 10017 Telephone: (212) 450-4000 Facsimile: (212) 607-7983

Proposed Counsel to the Debtors and Debtors in Possession


SCHEDULE 1 (Debtor Entities)

1. Affinity Mining Company 51. KE Ventures, LLC 2. Apogee Coal Company, LLC 52. Little Creek LLC 3. Appalachia Mine Services, LLC 53. Logan Fork Coal Company 4. Beaver Dam Coal Company, LLC 54. Magnum Coal Company LLC 5. Big Eagle, LLC 55. Magnum Coal Sales LLC 6. Big Eagle Rail, LLC 56. Martinka Coal Company, LLC 7. Black Stallion Coal Company, LLC 57. Midland Trail Energy LLC 8. Black Walnut Coal Company 58. Midwest Coal Resources II, LLC 9. Bluegrass Mine Services, LLC 59. Mountain View Coal Company, LLC 10. Brook Trout Coal, LLC 60. New Trout Coal Holdings II, LLC 11. Catenary Coal Company, LLC 61. Newtown Energy, Inc. 12. Central States Coal Reserves of Kentucky, LLC 62. North Page Coal Corp. 13. Charles Coal Company, LLC 63. Ohio County Coal Company, LLC 14. Cleaton Coal Company 64. Panther LLC 15. Coal Clean LLC 65. Patriot Beaver Dam Holdings, LLC 16. Coal Properties, LLC 66. Patriot Coal Company, L.P. 17. Coal Reserve Holding Limited Liability Company No. 2 67. Patriot Coal Corporation 18. Colony Bay Coal Company 68. Patriot Coal Sales LLC 19. Cook Mountain Coal Company, LLC 69. Patriot Coal Services LLC 20. Corydon Resources LLC 70. Patriot Leasing Company LLC 21. Coventry Mining Services, LLC 71. Patriot Midwest Holdings, LLC 22. Coyote Coal Company LLC 72. Patriot Reserve Holdings, LLC 23. Cub Branch Coal Company LLC 73. Patriot Trading LLC 24. Dakota LLC 74. PCX Enterprises, Inc. 25. Day LLC 75. Pine Ridge Coal Company, LLC 26. Dixon Mining Company, LLC 76. Pond Creek Land Resources, LLC 27. Dodge Hill Holding JV, LLC 77. Pond Fork Processing LLC 28. Dodge Hill Mining Company, LLC 78. Remington Holdings LLC 29. Dodge Hill of Kentucky, LLC 79. Remington II LLC 30. EACC Camps, Inc. 80. Remington LLC 31. Eastern Associated Coal, LLC 81. Rivers Edge Mining, Inc. 32. Eastern Coal Company, LLC 82. Robin Land Company, LLC 33. Eastern Royalty, LLC 83. Sentry Mining, LLC 34. Emerald Processing, L.L.C. 84. Snowberry Land Company 35. Gateway Eagle Coal Company, LLC 85. Speed Mining LLC 36. Grand Eagle Mining, LLC 86. Sterling Smokeless Coal Company, LLC 37. Heritage Coal Company LLC 87. TC Sales Company, LLC 38. Highland Mining Company, LLC 88. The Presidents Energy Company LLC 39. Hillside Mining Company 89. Thunderhill Coal LLC 40. Hobet Mining, LLC 90. Trout Coal Holdings, LLC 41. Indian Hill Company LLC 91. Union County Coal Co., LLC 42. Infinity Coal Sales, LLC 92. Viper LLC 43. Interior Holdings, LLC 93. Weatherby Processing LLC 44. IO Coal LLC 94. Wildcat Energy LLC 45. Jarrell’s Branch Coal Company 95. Wildcat, LLC 46. Jupiter Holdings LLC 96. Will Scarlet Properties LLC 47. Kanawha Eagle Coal, LLC 97. Winchester LLC 48. Kanawha River Ventures I, LLC 98. Winifrede Dock Limited Liability Company 49. Kanawha River Ventures II, LLC 99. Yankeetown Dock, LLC 50. Kanawha River Ventures III, LLC


Exhibit A


UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re: PATRIOT COAL CORPORATION, et al., Debtors. 1

Chapter 11 Case No. 12-[ ] (___) (Jointly Administered)

INTERIM ORDER AUTHORIZING DEBTORS TO

CONTINUE AND RENEW SURETY BOND PROGRAM

Upon the motion (the “Motion”)2 of Patriot Coal Corporation and its subsidiaries

that are debtors and debtors in possession in these proceedings (collectively, the

“Debtors”) for an order authorizing the Debtors to maintain, continue and renew, in their

sole discretion, their Surety Bond Program on an uninterrupted basis and in accordance

with the same practices and procedures as were in effect before the Petition Date pursuant

to sections 363 and 364 of the Bankruptcy Code, as more fully described in the Motion;

and upon consideration of the Declaration of Mark N. Schroeder, Patriot Coal

Corporation’s Senior Vice President and Chief Financial Officer, filed in support of the

Debtors’ first-day pleadings; and the Court having jurisdiction to consider the Motion and

the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334 and Standing Order

M-61 Referring to Bankruptcy Judges for the Southern District of New York Any and All

1 The Debtors are the entities listed on Schedule 1 attached to the Motion. The employer tax

identification numbers and addresses for each of the Debtors are set forth in the Debtors’ chapter 11 petitions.

2 Unless otherwise defined herein, each capitalized term shall have the meaning ascribed to such term in the Motion.


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Proceedings Under Title 11, dated July 10, 1984 (Ward, Acting C.J.) as amended by

Standing Order M-431, dated February 1, 2012 (Preska, C.J.); and consideration of the

Motion and the requested relief being a core proceeding the Bankruptcy Court can

determine pursuant to 28 U.S.C. § 157(b); and due and proper notice of the Motion

having been provided to (a) the Office of the United States Trustee for the Southern

District of New York (the “U.S. Trustee”), (b) those creditors holding the five largest

secured claims against the Debtors’ estates on a consolidated basis, (c) those creditors

holding the 50 largest unsecured claims against the Debtors’ estates on a consolidated

basis, (d) attorneys for the administrative agents for the Debtors’ proposed postpetition

lenders, (e) the Internal Revenue Service, (f) the Securities and Exchange Commission,

(g) the United States Environmental Protection Agency, (h) the United States Attorney’s

Office for the Southern District of New York and (i) the Issuers and Obligees set forth on

Exhibit B attached hereto; and it appearing that no other or further notice need be

provided; and the relief requested in the Motion being in the best interests of the Debtors

and their estates and creditors; and the Court having reviewed the Motion and having

held a hearing with appearances of parties in interest noted in the transcript thereof (the

“Hearing”); and the Court having determined that the legal and factual bases set forth in

the Motion and at the Hearing establish just cause for the relief granted herein; and the

Court having determined that the relief requested is necessary to avoid immediate and

irreparable harm; and upon all of the proceedings had before the Court and after due

deliberation and sufficient cause appearing therefor, it is

ORDERED that, pursuant to sections 363 and 364 of the Bankruptcy Code,

the relief requested in the Motion is hereby granted as set forth herein; and it is further


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ORDERED that the Debtors’ are, in their sole discretion, authorized and

empowered to maintain their Surety Bond Program on an uninterrupted basis, and in

accordance with the same practices and procedures as were in effect prior to the Petition

Date; and it is further

ORDERED that the Debtors are hereby authorized, but not required, to

honor each of the Indemnity Agreements; and it is further

ORDERED that the Debtors are, in their sole discretion, authorized, but

not required, to pay all amounts arising under the Surety Bond Program, due and payable

after the Petition Date; provided that, prior to entry of an order granting the relief

requested in the Motion on a final basis, the Debtors will not pay any prepetition amounts

arising under the Surety Bond Program before the applicable due date; and it is further

ORDERED that the Debtors are, in their sole discretion, authorized, but

not required, to renew existing surety bonds, increase or decrease the size of any such

surety bonds and obtain new surety bonds, and execute any other agreements in

connection with Surety Bond Program and all related instruments, documents and papers,

and to take all actions reasonably appropriate with respect thereto, in each case in

accordance with the applicable documents governing the Debtors’ Surety Bond Program;

and it is further

ORDERED that the failure to specifically describe or include any

particular feature of the Surety Bond Program in this Interim Order shall not diminish or

impair the effectiveness of such feature, it being the intent of this Court that the Surety

Bond Program be approved in its entirety; and it is further


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ORDERED that nothing in this Interim Order or the Motion shall be

construed as prejudicing the rights of the Debtors to dispute or contest the amount of or

basis for any claims against the Debtors in connection with or relating to the Surety Bond

Program; and it is further

ORDERED that to the extent any surety bond or related agreement is

deemed an executory contract within the meaning of section 365 of the Bankruptcy Code,

neither this Interim Order nor any payments made in accordance with this Interim Order

shall constitute the assumption or post-petition re-affirmation of those surety bonds or

related agreements under section 365 of the Bankruptcy Code; and it is further

ORDERED that to the extent that there may be any inconsistency between the

terms of the interim or final order approving the proposed debtor in possession financing,

if and when entered, and this Interim Order, the terms of the interim or final order

approving the proposed debtor in possession financing, as applicable, shall govern; and it

is further

ORDERED that within three business days of the entry of this Interim

Order, the Debtors shall serve a copy of this Interim Order and the Motion on (a) the U.S.

Trustee, (b) those creditors holding the five largest secured claims against the Debtors’

estates on a consolidated basis, (c) those creditors holding the 50 largest unsecured claims

against the Debtors’ estates on a consolidated basis, (d) attorneys for the administrative

agents for the Debtors’ proposed postpetition lenders, (e) the Internal Revenue Service,

(f) the Securities and Exchange Commission, (g) the United States Environmental

Protection Agency, (h) the United States Attorney’s Office for the Southern District of


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New York and (i) the Issuers and Obligees set forth on Exhibit B attached hereto; and it

is further

ORDERED that any objection to the relief requested in the Motion on a

permanent basis must, by 4:00 p.m. (prevailing Eastern Time) on ______________ (the

“Objection Deadline”), be: (a) filed with the Court and (b) actually received by (i) the

U.S. Trustee, 33 Whitehall Street, 21st Floor, New York, New York 10004, Attn:

Elisabetta G. Gasparini and Paul K. Schwartzberg, (ii) proposed counsel to the Debtors,

Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York 10017,

Attn: Marshall S. Huebner and Brian M. Resnick, (iii) attorneys for the administrative

agents for the Debtors’ proposed postpetition lenders, Weil, Gotshal & Manges LLP, 767

Fifth Avenue, New York, NY 10153, Attn: Marcia Goldstein and Joseph Smolinsky, and

Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, NY 10019, Attn:

Margot B. Schonholtz and Ana Alfonso and (iv) the attorneys for any official committee

of unsecured creditors then appointed in these cases; and it is further

ORDERED that a reply to an Objection may be filed with the Court and

served on or before 12:00 p.m. (prevailing Eastern Time) on the day that is at least two

business days before the date of the applicable hearing; and it is further

ORDERED that if timely objections are received there shall be a hearing

on ____________, 2012, at ______ (prevailing Eastern Time) to consider such timely

objections to the Motion; and it is further

ORDERED that if no Objections are timely filed and served as set forth

herein, the Debtors shall, on or after the Objection Deadline, submit to the Court a final

order substantially in the form of this Interim Order, which order shall be submitted and


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may be entered with no further notice or opportunity to be heard afforded any party, and

the Motion shall be approved nunc pro tunc to the date of the commencement of these

chapter 11 cases; and it is further

ORDERED that the contents of the Motion and the notice procedures set

forth therein are good and sufficient notice and satisfy Bankruptcy Rules 4001 and 9014

by providing parties with a notice and an opportunity to object and be heard at a hearing;

and it is further

ORDERED that notwithstanding Bankruptcy Rules 6003 and 4001(c), and

the possible applicability of Bankruptcy Rule 6004, the terms and conditions of this

Interim Order shall be immediately effective and enforceable upon its entry.

Dated: New York, New York ______________, 2012

UNITED STATES BANKRUPTCY JUDGE


Exhibit B


SURETY BONDS

DEBTOR EXPIRATION OR

RENEWAL DATE BOND NUMBER TOTAL BOND

AMOUNT ISSUER OBLIGEE

APOGEE COAL COMPANY, LLC

5/13/2012 1015322 $201,600 LEXON WEST VIRGINIA DIVISION OF

ENVIRONMENTAL PROTECTION

APOGEE COAL

COMPANY, LLC 3/9/2013 1058001 $408,800 LEXON WEST VIRGINIA

DIVISION OF

ENVIRONMENTAL

PROTECTION


3/25/2013 1058011 $4,702,720 LEXON WEST VIRGINIA DIVISION OF



























5/3/2013 104729848 $1,720 TRAVELERS WEST VIRGINIA DIVISION OF



5/3/2009 104729848 $1,720.00 TRAVELERS WEST VIRGINIA STATE AGENCY


8/17/2013 104729858 $100,000 TRAVELERS WEST VIRGINIA STATE AGENCY


2






















3/14/2009 400KC7172 $10,000.00 ST. PAUL WEST VIRGINIA DIVISION OF



6/14/2012 400SA1581 $167,000.00 ST. PAUL WEST VIRGINIA DIVISION OF















6/14/2012 400SA1616 $2,759,000.00 ST. PAUL WEST VIRGINIA DIVISION OF






3

















10/25/2012 64S103930699 $31,200.00 TRAVELERS WEST VIRGINIA DIVISION OF



2/25/2012 64S104027303 $50,000.00 TRAVELERS WEST VIRGINIA STATE AGENCY


12/1/2008 8205-64-51 $683,900.00 FEDERAL WEST VIRGINIA DIVISION OF



12/1/2011 8205-64-89 $243,600.00 FEDERAL WEST VIRGINIA DIVISION OF



9/29/2012 SU04201 $861,000 ASPEN AMERICAN WEST VIRGINIA STATE AGENCY


3/20/2013 SUR0000334 $4,005,000 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF



8/10/2013 SUR0010307 $5,000 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF












4




APPALACHIA MINE

SERVICES, LLC



BLACK STALLION

COAL COMPANY, LLC



BLACK STALLION

COAL COMPANY, LLC

12/2/2012 8205-64-44 $5,040 FEDERAL/CHUBB WEST VIRGINIA DIVISION OF


BLACK STALLION

COAL COMPANY, LLC



BLACK STALLION

COAL COMPANY, LLC



BLACK STALLION

COAL COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC




5




CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC

11/20/2012 104204547 $534,200.00 TRAVELERS WEST VIRGINIA DIVISION OF


CATENARY COAL

COMPANY, LLC


CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC




6




CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC

5/10/5013 1000837609 $2,837,560 US SPECIALTY/HCC

WEST VIRGINIA DIVISION OF


CATENARY COAL

COMPANY, LLC

5/10/2013 1000837610 $8,317,440 US SPECIALTY/HCC



CATENARY COAL

COMPANY, LLC

5/11/2013 1000837611 $3,560,000 US SPECIALTY/HCC



CATENARY COAL

COMPANY, LLC

5/10/2013 1000837612 $1,670,000 US SPECIALTY/HCC



CATENARY COAL

COMPANY, LLC

5/10/2013 1000837613 $8,401,440 US SPECIALTY/HCC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC




7




CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC

6/13/2012 400SA1807-Z $436,960.00 ST. PAUL WEST VIRGINIA DIVISION OF


CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC

8/7/2009 64S103869271-Z $60,000.00 TRAVELERS WEST VIRGINIA DIVISION OF



8




CATENARY COAL

COMPANY, LLC



CATENARY COAL

COMPANY, LLC



CLEATON COAL COMPANY

11/17/2012 5017462 $23,600 BOND SAFEGUARD

KENTUCKY DEPT. FOR NATURAL RESOURCES:

DIVISION OF MINE RECLAMATION & ENFORCEMENT


3/29/2013 5017464 $93,300 BOND SAFEGUARD




5/15/2008 104866615 $82,900 TRAVELERS KENTUCKY DEPT. FOR NATURAL RESOURCES:



12/16/2008 64s103439008a $7,700 TRAVELERS KENTUCKY DEPT. FOR NATURAL RESOURCES:



12/16/2008 64s103439009 $745,900 TRAVELERS KENTUCKY DEPT. FOR NATURAL RESOURCES:



2/10/2006 64s104027228 $600 TRAVELERS KENTUCKY DEPT. FOR NATURAL RESOURCES:


COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY




9




COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY



COLONY BAY COAL

COMPANY



COYOTE COAL COMPANY LLC

























10















































11




















2/1/2013 1062191 $305,000 LEXON WEST VIRGINIA DEPARTMENT OF

NATURAL RESOURCES

























12
















3/30/2012 400KF0939-Z $123,596.80 ST. PAUL WEST VIRGINIA DIVISION OF












10/9/2013 K08292280 $24,640 WESTCHESTER FIRE

















COYOTE COAL COMPANY, LLC

12/22/2012 333634 $50,000 ST. PAUL/SEABOARD




13













DAKOTA LLC 9/27/2013 103793414 $144,400 TRAVELERS WEST VIRGINIA DIVISION OF


DAKOTA LLC 9/27/2013 103793415 $277,400 TRAVELERS WEST VIRGINIA DIVISION OF


DAKOTA LLC 9/13/2013 64S103883063 $100,000 TRAVELERS WEST VIRGINIA DIVISION OF


DAKOTA MINING


DODGE HILL MINING

COMPANY, LLC

2/16/2013 1015617 $4,800 LEXON KENTUCKY DEPT. FOR NATURAL RESOURCES:


DODGE HILL MINING

COMPANY, LLC



DODGE HILL MINING

COMPANY, LLC



DODGE HILL MINING

COMPANY, LLC



DODGE HILL MINING

COMPANY, LLC




14




DODGE HILL MINING

COMPANY, LLC



DODGE HILL MINING

COMPANY, LLC



DODGE HILL MINING

COMPANY, LLC



DODGE HILL MINING

COMPANY, LLC

2/2/2013 02I-100049 $80,300 INDEMNITY NATIONAL



DODGE HILL MINING

COMPANY, LLC


KENTUCKY STATE AGENCY

DODGE HILL MINING

COMPANY, LLC



EASTERN ASSOCIATED

COAL, LLC

9/4/2012 1023112 $5,000 LEXON WEST VIRGINIA STATE AGENCY

EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC




15




EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC


NATURAL RESOURCES

EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC


EASTERN ASSOCIATED

COAL, LLC

9/7/2012 400JL9635 $50,000 ST. PAUL/SEABOARD

WEST VIRGINIA STATE AGENCY

EASTERN ASSOCIATED

COAL, LLC

11/21/2012 400JY2781 $5,000 ST. PAUL/SEABOARD


EASTERN ASSOCIATED

COAL, LLC

1/23/2013 400JY8303 $50,000 ST. PAUL/SEABOARD


EASTERN ASSOCIATED

COAL, LLC

8/6/2012 400JZ4006 $10,000 ST. PAUL/SEABOARD


EASTERN ASSOCIATED

COAL, LLC

1/23/2013 8205-65-51 $1,324,320 FEDERAL/CHUBB WEST VIRGINIA DIVISION OF



16




EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC




17




EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC




18




EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC

1/28/2013 8213-61-67 $148,400 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF


EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC




19




EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC

9/18/2012 8214-18-88 $500 FEDERAL/CHUBB WEST VIRGINIA STATE AGENCY

EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC

11/20/2012 8214-19-08 $1,500 FEDERAL/CHUBB WEST VIRGINIA STATE AGENCY

EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC


EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC




20




EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC

1/19/2012 SUR0010313 $500 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF


EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC



EASTERN ASSOCIATED

COAL, LLC

4/2/2013 SUR0017569 $500 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF


EASTERN COAL COMPANY,LLC




21








12/6/2012 64S103972471 $7,560 TRAVELERS WEST VIRGINIA DIVISION OF



2/14/2013 64S104027264 $10,080 TRAVELERS WEST VIRGINIA DIVISION OF











GATEWAY EAGLE COAL

COMPANY, LLC


GRAND EAGLE MINING, LLC

8/16/2008 RFB-28-08 $96,300 LEXON KENTUCKY STATE AGENCY

HERITAGE COAL

COMPANY LLC



HERITAGE COAL

COMPANY LLC



HERITAGE COAL

COMPANY LLC



HERITAGE COAL

COMPANY LLC

2/27/2013 1033798 $3,070,034 LEXON ILLINOIS DEPARTMENT OF

MINES AND MINERALS

HERITAGE COAL

COMPANY LLC

3/21/2013 7017934 $25,000 NATIONAL FIRE / CNA

INDIANA STATE AGENCY

HERITAGE COAL

COMPANY LLC




22




HERITAGE COAL

COMPANY LLC



HERITAGE COAL

COMPANY LLC


ILLINOIS STATE AGENCY

HERITAGE COAL

COMPANY LLC

6/11/2012 124054944 $13,092,400 NATIONAL FIRE / CNA



HERITAGE COAL

COMPANY LLC

1/17/2013 929178832 $1,750,000 NATIONAL FIRE / CNA


HERITAGE COAL

COMPANY LLC




HERITAGE COAL

COMPANY LLC




HERITAGE COAL

COMPANY LLC




HERITAGE COAL

COMPANY LLC




HERITAGE COAL

COMPANY LLC




HERITAGE COAL

COMPANY LLC

6/8/2012 400FN6367 $10,000 TRAVELERS ILLINOIS STATE AGENCY

HERITAGE COAL

COMPANY LLC

2/24/2013 400FP4133 $20,000 TRAVELERS KENTUCKY STATE AGENCY

HERITAGE COAL

COMPANY LLC

2/28/2013 400GZ6425 $1,000 TRAVELERS KENTUCKY STATE AGENCY


23




HERITAGE COAL

COMPANY LLC

4/28/2013 400JL9615 $25,000 TRAVELERS KENTUCKY STATE AGENCY

HERITAGE COAL

COMPANY LLC

3/18/2013 SUR0000328 $5,404,600 ARGO/ROCKWOOD KENTUCKY DEPT. FOR NATURAL RESOURCES:


HERITAGE COAL

COMPANY LLC

2/23/2013 SUR0013599 $374,375 ARGO/ROCKWOOD OHIO DEPARTMENT OF NATURAL RESOURCES;

RECLAMATION DIVISION

HIGHLAND MINING

COMPANY, LLC

8/19/2012 104571859 $70,000 TRAVELERS KENTUCKY STATE AGENCY

HIGHLAND MINING

COMPANY, LLC




HIGHLAND MINING

COMPANY, LLC




HIGHLAND MINING

COMPANY, LLC




HIGHLAND MINING

COMPANY, LLC




HIGHLAND MINING

COMPANY, LLC




HIGHLAND MINING

COMPANY, LLC





24




HIGHLAND MINING

COMPANY, LLC




HIGHLAND MINING

COMPANY, LLC



HIGHLAND MINING

COMPANY, LLC



HIGHLAND MINING

COMPANY, LLC

3/1/2013 400SE5565 $172,100 ST. PAUL FIRE & MARINE



HIGHLAND MINING

COMPANY, LLC

11/1/2012 8205-64-90 $3,200 FEDERAL/CHUBB KENTUCKY DEPT. FOR NATURAL RESOURCES:


HIGHLAND MINING

COMPANY, LLC



HILLSIDE MINING

COMPANY


NATURAL RESOURCES

HILLSIDE MINING

COMPANY


NATURAL RESOURCES

HILLSIDE MINING

COMPANY



HILLSIDE MINING

COMPANY



HILLSIDE MINING

COMPANY



HILLSIDE MINING

COMPANY




25




HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC




26




HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC


NATURAL RESOURCES

HOBET MINING, LLC


NATURAL RESOURCES

HOBET MINING, LLC


NATURAL RESOURCES

HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC


NATURAL RESOURCES

HOBET MINING, LLC


NATURAL RESOURCES

HOBET MINING, LLC


NATURAL RESOURCES


27




HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC


NATURAL RESOURCES

HOBET MINING, LLC

7/7/2012 6542678 $5,000.00 LIBERTY WEST VIRGINIA DIVISION OF


HOBET MINING, LLC

7/7/2012 6542679 $5,000.00 LIBERTY WEST VIRGINIA DIVISION OF



28




HOBET MINING, LLC

12/1/2008 104204573 $45,000.00 TRAVELERS WEST VIRGINIA DIVISION OF


HOBET MINING, LLC

1/24/2013 104224257 $1,140,000 TRAVELERS WEST VIRGINIA DIVISION OF


HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC


HOBET MINING, LLC



HOBET MINING, LLC


HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC




29




HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC

6/22/2009 400SA1848-Z $3,677,360.00 ST. PAUL WEST VIRGINIA DIVISION OF


HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC

7/10/2012 400SA1979 $50,000.00 ST. PAUL WEST VIRGINIA STATE AGENCY

HOBET MINING, LLC

12/14/2011 64S103930626-Z $1,307,200.00 TRAVELERS WEST VIRGINIA DIVISION OF


HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC



HOBET MINING, LLC




30




HOBET MINING, LLC



HOBET MINING, LLC

12/1/2011 8205-64-56 $1,075,680.00 FEDERAL WEST VIRGINIA DIVISION OF


HOBET MINING, LLC




JARRELL'S BRANCH COAL

COMPANY




COMPANY




COMPANY




COMPANY




COMPANY



JUPITER HOLDINGS LLC



















31













KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC


KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC


KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC




32




KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC


KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



KANAWHA EAGLE COAL,

LLC



LITTLE CREEK LLC



LOGAN FORK COAL

COMPANY

9/10/2012 5005273 $43,092 BOND SAFEGUARD



MARTINKA COAL

COMPANY, LLC



MARTINKA COAL

COMPANY, LLC



MARTINKA COAL

COMPANY, LLC



MARTINKA COAL

COMPANY, LLC




33




MIDLAND TRAIL ENERGY

LLC


MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC




34




MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



MOUNTAIN VIEW COAL

COMPANY, LLC



OHIO COUNTY COAL

COMPANY, LLC

10/5/2012 1002077 $25,100 LEXON KENTUCKY STATE AGENCY

PANTHER, LLC 7/28/2013 1036641 $2,000 LEXON WEST VIRGINIA DIVISION OF










PANTHER, LLC 8/19/2012 1059342 $500 LEXON WEST VIRGINIA DIVISION OF




PANTHER, LLC 6/13/2012 103981942 $278,040 TRAVELERS WEST VIRGINIA DIVISION OF





35






PANTHER, LLC 9/27/2009 103981944 $24,105.00 TRAVELERS WEST VIRGINIA STATE AGENCY

PANTHER, LLC 2/25/2013 104224255 $50,000 TRAVELERS WEST VIRGINIA STATE AGENCY





PANTHER, LLC 10/15/2013 104990097 $500 TRAVELERS WEST VIRGINIA DIVISION OF


PANTHER, LLC 8/5/2013 8214-18-73 $4,500 FEDERAL/CHUBB WEST VIRGINIA DIVISION OF






PATRIOT COAL COMPANY, L.P.

2/6/2013 1004654 $365,410 LEXON HENDERSON COUNTY,

KENTUCKY











36
































37




















7/10/2012 1021507 $7,215 LEXON HENDERSON COUNTY,

KENTUCKY














38





4/28/2013 1033939 $1,669,018 LEXON KENTUCKY DEPT. FOR NATURAL RESOURCES:



4/28/2013 1033940 $1,355,610 LEXON KENTUCKY DEPT. FOR NATURAL RESOURCES:
























39
































40
































2/7/2013 104674432 $165,253 TRAVELERS HENDERSON COUNTY,

KENTUCKY


41






KENTUCKY









KENTUCKY






KENTUCKY



KENTUCKY












KENTUCKY


2/7/2013 104674478 $300 TRAVELERS KENTUCKY DEPT. FOR NATURAL RESOURCES:



42









KENTUCKY



KENTUCKY



KENTUCKY









KENTUCKY



KENTUCKY



KENTUCKY



KENTUCKY



KENTUCKY



KENTUCKY






KENTUCKY


43






KENTUCKY



KENTUCKY



KENTUCKY


































44










HENDERSON COUNTY,

KENTUCKY
































HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY


45













6/15/2012 02I-001120 $1,062,974 INDEMNITY NATIONAL

HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY







HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY







HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY


46






HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



























HENDERSON COUNTY,

KENTUCKY






47





11/15/2012 400FB3655 $25,000 ST. PAUL/SEABOARD



1/19/2013 400FP4114 $5,000 ST. PAUL/SEABOARD



3/2/2013 400KA5103 $150,860 ST. PAUL FIRE & MARINE

HENDERSON COUNTY,

KENTUCKY


11/5/2012 64s103946591 $135,000 TRAVELERS KENTUCKY DEPT. FOR NATURAL RESOURCES:
























48

















1/25/2013 8205-65-09 $319,783 FEDERAL/CHUBB HENDERSON COUNTY,

KENTUCKY


1/25/2013 8205-65-10 $190,488 FEDERAL/CHUBB HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY



HENDERSON COUNTY,

KENTUCKY


3/9/2012 K08363468 $1,242,800 WESTCHESTER FIRE

HENDERSON COUNTY,

KENTUCKY


2/23/2013 SUR0013691 $5,300 ARGO/ROCKWOOD KENTUCKY DEPT. FOR NATURAL RESOURCES:


PATRIOT COAL CORPORATION




49








3/28/2013 1024692 $800 LEXON KENTUCKY DEPT. FOR NATURAL RESOURCES:



























50





9/23/2013 105332989 $10,000 TRAVELERS MISSOURI STATE AGENCY
















PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC




51




PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC

7/18/2012 400JT6976 $10,000 ST. PAUL/SEABOARD


PINE RIDGE COAL

COMPANY, LLC



PINE RIDGE COAL

COMPANY, LLC



REMINGTON, LLC



REMINGTON, LLC



REMINGTON, LLC



REMINGTON, LLC



REMINGTON, LLC



REMINGTON, LLC




52




RIVERS EDGE MINING, INC.



ROBIN LAND COMPANY, LLC




















NATURAL RESOURCES




















53





11/14/2009 8214-19-03 $5,000.00 FEDERAL/CHUBB WEST VIRGINIA DIVISION OF





















9/14/2011 K08442770 $4,000.00 WESTCHESTER FIRE














3/14/2013 SUR0013601 $10,000 ARGO/ROCKWOOD WEST VIRGINIA STATE AGENCY




SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY




54




SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SNOWBERRY LAND

COMPANY



SPEED MINING LLC



WILDCAT, LLC 5/18/2013 104729851 $565,000 TRAVELERS WEST VIRGINIA DIVISION OF







55








WILDCAT, LLC 3/20/2010 SUR0000329 $1,105,000.00 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF


WILDCAT, LLC 3/20/2013 SUR0000330 $1,790,000 ARGO/ROCKWOOD WEST VIRGINIA DIVISION OF


WILL SCARLET PROPERTIES

LLC

10/14/2012 SUR0013630 $399,000 ARGO/ROCKWOOD ILLINOIS DEPARTMENT OF

MINES AND MINERALS

WINIFREDE DOCK LIMITED

LIABILITY COMPANY



TOTAL $237,885,471


12-12900-scc Doc 18 Filed 07/09/12 Entered 07/09/12 22:10 ... · DAVIS POLK & WARDWELL LLP 450...

Documents

Transcript of 12-12900-scc Doc 18 Filed 07/09/12 Entered 07/09/12 22:10 ... · DAVIS POLK & WARDWELL LLP 450...