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): March 10, 2014
Cloud Peak Energy Inc.
Cloud Peak Energy Resources LLC
(Exact name of registrant as specified in its charter)
Delaware Delaware |
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001-34547 333-168639 |
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26-3088162 26-4073917 |
(State or other jurisdiction of incorporation) |
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(Commission File Number) |
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(IRS Employer Identification No.) |
505 S. Gillette Ave., Gillette, Wyoming |
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82716 |
(Address of principal executive offices) |
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(Zip Code) |
Registrants telephone number, including area code: (307) 687-6000
Not Applicable
(Former name or former address, if changed since last report.)
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01. Regulation FD Disclosure.
On March 10, 2014, Cloud Peak Energy Inc. issued a press release which announced that its wholly-owned subsidiary Cloud Peak Energy Resources LLC (the Company) had received, as of 5:00 p.m., New York City time, on March 10, 2014, tenders and consents from holders of approximately $278.4 million in aggregate principal amount, or approximately 92.81%, of the outstanding 8.250% Senior Notes due 2017 (the Notes) of the Company and its wholly-owned subsidiary Cloud Peak Energy Finance Corp. in connection with the previously announced cash tender offer and consent solicitation for the Notes, which commenced on February 25, 2014. The press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference into this Item 7.01.
In accordance with General Instruction B.2 of Form 8-K, the information in this report, including Exhibit 99.1, shall not be deemed filed for the purposes of Section 18 of the Exchange Act of 1934 (the Exchange Act) or otherwise subject to the liabilities of that section, nor shall such information, including Exhibit 99.1, be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits:
Exhibit |
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Exhibit |
99.1* |
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Press release dated March 10, 2014 Cloud Peak Energy Announces Successful Results of the Tender Offer for its Outstanding 8.250% Senior Notes due 2017. |
* Furnished herewith
SIGNATURE
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.
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CLOUD PEAK ENERGY INC. | ||
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Date: March 10, 2014 |
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By: |
/s/ Bryan J. Pechersky | |
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Name: |
Bryan J. Pechersky |
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Title: |
Senior Vice President, General Counsel and Corporate Secretary |
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CLOUD PEAK ENERGY RESOURCES LLC | ||
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Date: March 10, 2014 |
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By: |
/s/ Bryan J. Pechersky | |
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Name: |
Bryan J. Pechersky |
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Title: |
Senior Vice President, General Counsel and Corporate Secretary |
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