Murray Energy and certain of its subsidiaries filed a Chapter 11 petition as part of a restructuring support agreement with an ad hoc lender group holding more than 60% of the approximately $1.7 billion in claims under the company’s superpriority credit and guaranty agreement.
Voluntary petitions have also been filed for all of the company’s main operating subsidiaries, including American Energy Corporation, The Harrison County Coal Company, The Marion County Coal Company, The Marshall County Coal Company, The Monongalia County Coal Company, The Ohio County Coal Company, UtahAmerican Energy, Murray South America, The Muhlenberg County Coal Company and The Western Kentucky Coal Company, , which operate mining complexes located in Ohio, West Virginia, Utah, Kentucky and Colombia.
Foresight Energy and Foresight Energy GP, including their direct and indirect subsidiaries, as well as Murray Metallurgical Coal Holdings, Murray Eagle Mining, Murray Alabama Minerals, Murray Maple Eagle Coal, Murray Alabama Coal, and Murray Oak Grove did not file voluntary petitions and are not part of the Company’s Chapter 11 Cases.
The company intends to finance its operations throughout Chapter 11 with cash on hand and access to a $350 million new money debtor-in-possession financing facility, subject to Bankruptcy Court approval. Lenders party to the RSA have committed to provide the full amount of the DIP Facility, and other lenders under the company’s superpriority credit and guaranty agreement will be given the opportunity to provide funding under the DIP facility. The proceeds of the DIP facility will be used to refinance borrowings under the Company’s existing ABL credit facility and to support ordinary course operations and payments to employees and suppliers throughout the restructuring process.
According to documents filed with the court, GLAS Trust is serving as administrative agent for the DIP facility.
Under the RSA, the Ad Hoc Lender Group has agreed to form a new entity to serve as a “stalking horse bidder” to acquire substantially all of the Company’s assets by credit bidding its debt under a Chapter 11 plan, subject to an overbid process. The RSA contemplates that substantially all of the Company’s prepetition funded debt will be eliminated. The RSA further contemplates that Robert E. Murray will be named chairman of the board of Murray NewCo and Robert D. Moore will be president and CEO of Murray NewCo. The company has agreed to comply with certain milestones related to implementing its Chapter 11 plan and related sale process under the DIP facility and RSA.
Moore said, “We appreciate the support of our lenders for this process, many of whom have been invested with the Company for a long time. I am confident the DIP facility provides the company with adequate liquidity to get payments to our valued trade partners and continue operating in the normal course of business without any anticipated impact to production levels.”
Kirkland & Ellis is acting as legal counsel to Murray Energy; Evercore is acting as investment banker; and Alvarez & Marsal is acting as financial advisor.
Davis Polk & Wardwell is acting as legal counsel, and Houlihan Lokey Capital is acting as investment banker to the Ad Hoc Lender Group.
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