ST. LOUIS--(BUSINESS WIRE)--Foresight Energy LP (together with its direct and indirect subsidiaries, collectively, “we”, “us”, “the Partnership” or “Foresight Energy”) previously announced that its wholly owned subsidiaries, Foresight Energy LLC and Foresight Energy Finance Corporation (collectively, the “Issuers”), commenced a consent solicitation with respect to their outstanding 7.875% senior notes due 2021 (the “Notes”) to approve amendments (the “Proposed Amendments”) to the indenture (the “Indenture”) relating to the Notes on the terms and subject to the conditions set forth in the Issuers’ consent solicitation statement, dated March 30, 2015, and the accompanying consent letter, dated March 30, 2015 (together, the “Consent Solicitation Documents”).
The consummation of the consent solicitation, and the payment of the consent payment, was conditioned, in part, upon the satisfaction of the Acquisition Condition at or prior to the Acquisition Outside Date (each as defined in the Consent Solicitation Documents). Effective as of April 7, 2015, the Purchase Agreement, dated as of March 13, 2015, pursuant to which the Acquisition (as defined in the Consent Solicitation Documents) was to be consummated has been terminated in accordance with its terms. As a result, the Acquisition Condition is incapable of being satisfied at or prior to the Acquisition Outside Date and, therefore, the consent solicitation is being terminated effective immediately in accordance with the terms and conditions set forth in the Consent Solicitation Documents.
As a result of the termination, no consent payments will be paid or become payable to holders of Notes who have delivered consents. All consents previously delivered and not revoked will be of no effect, and the Indenture governing the Notes will remain in its present form, unamended.
This press release confirms the formal termination of the consent solicitation.
This press release shall not constitute an offer to purchase or a solicitation of an offer to sell any securities, including the Notes.
Safe Harbor Provisions Regarding Forward-Looking Statements
This press release contains “forward-looking” statements within the meaning of the federal securities laws. These statements contain words such as “possible,” “intend,” “will,” “if” and “expect” and can be impacted by numerous factors, including risks relating to the securities markets generally, the impact of adverse market conditions affecting business of the Partnership, adverse changes in laws including with respect to tax and regulatory matters and other risks. There can be no assurance that actual results will not differ from those expected by management of the Partnership. The Partnership undertakes no obligation to update or revise such forward-looking statements to reflect events or circumstances that occur, or which Foresight Energy becomes aware of, after the date hereof.
About Foresight Energy LP
Foresight Energy is a leading coal producer in the Illinois Basin region of the United States with over three billion tons of coal reserves currently supporting four mining complexes. Our logistics give each of these mining complexes multiple modes of transportation to reach the end-users of our coal, including rail, barge and truck. We serve both the domestic and international markets.