UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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) May 12, 2010
Cloud Peak Energy Inc.
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
|
001-34547 |
|
26-3088162 |
|
(Commission File Number) |
|
(IRS Employer Identification No.) |
|
|
|
|
|
505 S. Gillette Ave. |
|
|
|
Gillette, Wyoming |
|
82716 |
|
(Address of Principal Executive Offices) |
|
(Zip Code) |
(307) 687-6000
(Registrant’s Telephone Number, Including Area Code)
(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 (see General Instruction A.2. below):
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 May 12, 2010, Cloud Peak Energy Resources LLC (“CPE Resources”), of which Cloud Peak Energy Inc. is the sole managing member, delivered first quarter 2010 CPE Resources financial information (the “First Quarter 2010 CPE Resources Financial Information”) pursuant to the requirements of following agreements: (1) Indenture, dated as of November 25, 2009 (the “Indenture”), by and among CPE LLC (and its subsidiaries listed on the signature page), Cloud Peak Energy Finance Corp., Wilmington Trust Company and Citibank, N.A.; (2) Credit Agreement, dated as of November 25, 2009 (the “Credit Agreement”), by and among CPE LLC, Morgan Stanley Senior Funding, Inc., Credit Suisse AG, Cayman Islands Branch, RBC Capital Markets, Calyon New York Branch, JPMorgan Chase Bank, N.A., The Bank of Nova Scotia, Societe Generale, and Wells Fargo Bank, National Association; and (3) Third Amended and Restated Limited Liability Company Agreement of Cloud Peak Energy Resources LLC, dated as of November 19, 2009 (the “LLC Agreement”), by and among Cloud Peak Energy Inc., Rio Tinto Energy America Inc. and Kennecott Management Services Company. A copy of the First Quarter 2010 CPE Resources Financial Information is furnished as Exhibit 99.1 to this Form 8-K and incorporated herein by reference.
For the complete terms and conditions of the Indenture, Credit Agreement and LLC Agreement, refer to the Forms 8-K filed by Cloud Peak Energy Inc. with the Securities and Exchange Commission, filed on December 2, 2009 and November 25, 2009, respectively.
|
Item 9.01. |
Financial Statements and Exhibits. |
|
|
|
|
(d) |
Exhibits |
|
|
|
|
|
99.1 Furnished First Quarter 2010 Cloud Peak Energy Resources LLC Financial Information |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|
|
|
CLOUD PEAK ENERGY INC. |
||
|
|
|
|
||
|
|
|
|
||
|
|
|
By: |
/s/ Amy J. Stefonick |
|
|
|
|
|
Name: |
Amy J. Stefonick |
|
|
|
|
Title: |
Corporate Secretary |
Date: May 12, 2010