Item 1.03 Bankruptcy or Receivership.
In connection with
The Company expects that the effective date of the Plan will occur before the end of 2019 as soon as all conditions precedent to the Plan's effectiveness have been satisfied or waived in accordance with the Plan.
The information regarding the Plan set forth in Item 1.03 of the Company's
Form 8-K filed on
The full text of the Confirmation Order is filed as Exhibit 99.2 hereto and is incorporated by reference herein.
Cautionary Note Regarding Forward-Looking Statements
This Current Report on Form 8-K contains "forward-looking statements" within the
meaning of the safe harbor provisions of Section 27A of the Securities Act of
1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking
statements are not statements of historical facts and often contain words such
as "may," "will," "expect," "believe," "anticipate," "plan," "estimate," "seek,"
"could," "should," "intend," "potential," or words of similar meaning.
Forward-looking statements are based on management's current expectations,
beliefs, assumptions and estimates regarding the Company, industry, economic
conditions, government regulations and energy policies and other factors.
Forward-looking statements may include, for example, statements regarding the
Company's plans, strategies, prospects and expectations concerning its business,
operating results, financial condition, liquidity and other matters that do not
relate strictly to historical facts. These statements are subject to significant
risks, uncertainties, and assumptions that are difficult to predict and could
cause actual results to differ materially and adversely from those expressed or
implied in the forward-looking statements, including risks and uncertainties
regarding the Company's ability to continue as a going concern; potential
adverse effects of the Chapter 11 cases on the Company's liquidity and results
of operations; the effects of the bankruptcy petitions on the Company and on the
interests of various constituents, including holders of the Company's common
stock; the outcome of the Chapter 11 cases generally; the length of time that
the Company will operate under Chapter 11 protection and the continued
availability of operating capital during the pendency of the proceedings; and
increased administrative and legal costs related to the Chapter 11 process and
other litigation and inherent risks involved in a bankruptcy process.
Forward-looking statements are also subject to the risk factors and cautionary
language described from time to time in the reports and registration statements
the Company files with the
Item 9.01 Financial Statements and Exhibits (d) Exhibits. Exhibit Number Description 99.1 Second Amended Joint Chapter 11 Plan ofCloud Peak Energy Inc. and Certain of its Debtor Affiliates [Docket No. 854] 99.2 Findings of Fact, Conclusions of Law, and Order (I) Approving the Debtors' Disclosure Statement and (II) Confirming the Revised First Amended Joint Chapter 11 Plan ofCloud Peak Energy Inc. and Certain of its Debtor Affiliates [Docket No. 868] 2
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