Add
ACI to Portfolio
Set Alert
Email to a
Friend
| |||
|
|
Quotes & Info
|
| ACI > SEC Filings for ACI > Form 8-K on 15-Nov-2012 | All Recent SEC Filings |
15-Nov-2012
Entry into a Material Definitive Agreement, Regulation FD Disclosure, Financial Sta
On November 14, 2012, Arch Coal, Inc. (the "Company") and the subsidiary guarantors named therein (the "Subsidiary Guarantors") entered into a purchase agreement (the "Purchase Agreement") with Merrill Lynch, Pierce, Fenner & Smith Incorporated, as representative of the several initial purchasers named therein (the "Initial Purchasers"), relating to the issuance and sale by the Company of $350.0 million aggregate principal amount of 9.875% Senior Notes due 2019 (the "Notes"). The Notes will be issued by the Company pursuant to an Indenture to be entered into among the Company, the Subsidiary Guarantors and UMB Bank National Association, as trustee. Subject to customary market and other conditions set forth in the Purchase Agreement, the Notes will be sold within the United States only to qualified institutional buyers in reliance on Rule 144A under the Securities Act of 1933, as amended (the "Securities Act"), and outside the United States only to non-U.S. persons in reliance on Regulation S under the Securities Act.
The Purchase Agreement includes customary representations, warranties and covenants by the Company and the Subsidiary Guarantors. Under the terms of the Purchase Agreement, the Company and the Subsidiary Guarantors have agreed to indemnify the Initial Purchasers against certain liabilities. The Purchase Agreement is filed as Exhibit 1.1 to this Form 8-K, and this description of the material terms of the Purchase Agreement is qualified in its entirety by reference to such exhibit, which is incorporated herein by reference.
On November 14, 2012, Arch Coal, Inc. issued a press release announcing the pricing of its offering of the Notes. A copy of the press release is attached hereto as Exhibit 99.1.
(d) Exhibits
The following exhibit is attached hereto and furnished herewith.
Exhibit
No. Description
1.1 Purchase Agreement, dated as of November 14, 2012, among Arch Coal, Inc., the subsidiary guarantors named therein and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as representative of the initial purchasers named therein.
99.1 Press release dated November 14, 2012.
|
|