Murray Energy Corporation Document 1: Voluntary Petition-Chapter 11

Ohio Southern Bankruptcy Court
Case No. 2:19-bk-57017
Filed October 29, 2019

Chapter 11 Voluntary Petition Non-Individual Murray Energy Corporation Fee Paid $1717 - Filing fee amount required is $1717.00 Filed by Murray Energy Corporation. (Lewis, Kim)

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Page 1 of
Desc Main
Fill in this information to identify the case:
United States Bankruptcy Court for the:
Southern District of Ohio
☐ Check if this is an
amended filing
(State)
Case number (if known):
Chapter

Official Form
Voluntary Petition for Non-Individuals Filing for
Bankruptcy
04/
If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor’s name and the
case number (if known). For more information, a separate document, Instructions for Bankruptcy Forms for Non-Individuals, is
available.
1.
Debtor’s Name
Murray Energy Corporation
2. All other names debtor used
in the last 8 years
Include any assumed names,
trade names, and doing
business as names
3. Debtor’s federal Employer
Identification Number (EIN)
4. Debtor’s address
34-Principal place of business
Mailing address, if different from principal place
of business
46226 National Road
Number
Street
Number
Street
P.O. Box
St. Clairsville, Ohio City
State
Zip Code
City
State
Zip Code
Location of principal assets, if different from
principal place of business
Belmont County
County
Number
City
Street
State
5. Debtor’s website (URL)
www.murrayenergycorp.com
6.
☒ Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
Type of debtor
Zip Code
☐ Partnership (excluding LLP)
☐ Other. Specify:
Official Form
Voluntary Petition for Non-Individuals Filing for Bankruptcy
page
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Murray Energy Corporation
Debtor
Desc Main
Case number (if known)
Name
7.
Describe debtor’s business
A. Check One:
☐ Health Care Business (as defined in 11 U.S.C. § 101(27A))
☐ Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
☐ Railroad (as defined in 11 U.S.C. § 101(44))
☐ Stockbroker (as defined in 11 U.S.C. § 101(53A))
☐ Commodity Broker (as defined in 11 U.S.C. § 101(6))
☐ Clearing Bank (as defined in 11 U.S.C. § 781(3))
☒ None of the above
B. Check all that apply:
☐ Tax-exempt entity (as described in 26 U.S.C. § 501)
☐ Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C.
§ 80a-3)
☐ Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))
C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See
http://www.uscourts.gov/four-digit-national-association-naics-codes .
2121 (Coal Mining)
8. Under which chapter of the
Bankruptcy Code is the
debtor filing?
Check One:
☐ Chapter ☐ Chapter ☒ Chapter 11. Check all that apply:
☐ Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
insiders or affiliates) are less than $2,725,625 (amount subject to adjustment on
4/01/22 and every 3 years after that).
☐ The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). If the
debtor is a small business debtor, attach the most recent balance sheet, statement
of operations, cash-flow statement, and federal income tax return, or if all of these
documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).
☐ A plan is being filed with this petition.
☐ Acceptances of the plan were solicited prepetition from one or more classes of
creditors, in accordance with 11 U.S.C. § 1126(b).
☐ The debtor is required to file periodic reports (for example, 10K and 10Q) with the
Securities and Exchange Commission according to § 13 or 15(d) of the Securities
Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals
Filing for Bankruptcy under Chapter 11 (Official Form 201A) with this form.
☐ The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule
12b-2.
☐ Chapter
9. Were prior bankruptcy cases
filed by or against the debtor
within the last 8 years?
☒ No
☐ Yes.
List all cases. If more than 1,
attach a separate list.
Official Form
When
Case number
MM/DD/YYYY
If more than 2 cases, attach a
separate list.
10. Are any bankruptcy cases
pending or being filed by a
business partner or an
affiliate of the debtor?
District
District
When
Case number
MM/DD/YYYY
☐ No
☒ Yes.
Debtor
See Rider
District
Southern District of Ohio
Case number, if known _______________________
Voluntary Petition for Non-Individuals Filing for Bankruptcy
Relationship
Affiliate
When
10/29/MM / DD / YYYY
page
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Murray Energy Corporation
Debtor
Desc Main
Case number (if known)
Name
11. Why is the case filed in this
district?
12. Does the debtor own or have
possession of any real
property or personal property
that needs immediate
attention?
Check all that apply:

Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days
immediately preceding the date of this petition or for a longer part of such 180 days than in any other
district.

A bankruptcy case concerning debtor's affiliate, general partner, or partnership is pending in this district.
☒ No
☐ Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed.
Why does the property need immediate attention? (Check all that apply.)

It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or
safety.
What is the hazard?

It needs to be physically secured or protected from the weather.

It includes perishable goods or assets that could quickly deteriorate or lose value without
attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related
assets or other options).

Other
Where is the property?
Number
Street
City
State
Zip Code
Is the property insured?
☐ No
☐ Yes.
Insurance agency
Contact name
Phone
Statistical and administrative information
13. Debtor's estimation of
available funds

Check one:
☒ Funds will be available for distribution to unsecured creditors.
☐ After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors.
14. Estimated number of
creditors




1-50-100-200-



1,000-5,5,001-10,10,001-25,



25,001-50,50,001-100,More than 100,
15. Estimated assets




$0-$50,$50,001-$100,$100,001-$500,$500,001-$1 million




$1,000,001-$10 million
$10,000,001-$50 million
$50,000,001-$100 million
$100,000,001-$500 million




$500,000,001-$1 billion
$1,000,000,001-$10 billion
$10,000,000,001-$50 billion
More than $50 billion
The Debtors’ estimated assets, liabilities, and number of creditors noted here are provided on a consolidated basis.
Official Form
Voluntary Petition for Non-Individuals Filing for Bankruptcy
page
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Murray Energy Corporation
Debtor
Desc Main
Case number (if known)
Name




16. Estimated liabilities
$0-$50,$50,001-$100,$100,001-$500,$500,001-$1 million








$1,000,001-$10 million
$10,000,001-$50 million
$50,000,001-$100 million
$100,000,001-$500 million
$500,000,001-$1 billion
$1,000,000,001-$10 billion
$10,000,000,001-$50 billion
More than $50 billion
Request for Relief, Declaration, and Signatures
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to
$500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
17. Declaration and signature of
authorized representative of
debtor
The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this
petition.
I have been authorized to file this petition on behalf of the debtor.
I have examined the information in this petition and have a reasonable belief that the information is true and
correct.
I declare under penalty of perjury that the foregoing is true and correct.
10/29/MM/ DD / YYYY
Executed on

/s/ Robert D. Moore
Signature of authorized representative of debtor
Title
18. Signature of attorney

Robert D. Moore
Printed name
Authorized Signatory
Date
/s/ Kim Martin Lewis
Signature of attorney for debtor
10/29/MM/DD/YYYY
Kim Martin Lewis
Dinsmore & Shohl LLP
Firm name
255 East Fifth Street, Suite Number
Street
Cincinnati
City
Ohio
State
(513) 977-
kim.lewis@dinsmore.com
Email address
Contact phone
Bar number
Official Form
ZIP Code
Ohio
State
Voluntary Petition for Non-Individuals Filing for Bankruptcy
page
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Fill in this information to identify the case:
,
United States Bankruptcy Court for the:
Southern District of Ohio
(State)
Case number (if known):
Chapter

☐ Check if this is an
amended filing
Rider Pending Bankruptcy Cases Filed by the Debtor and Affiliates of the Debtor
On the date hereof, each of the entities listed below (collectively, the “Debtors”) filed a petition in the United
States Bankruptcy Court for the Southern District of Ohio for relief under chapter 11 of title 11 of the United States
Code. The Debtors have moved for joint administration of these cases under the case number assigned to the
chapter 11 case of Murray Energy Holdings Co.
Murray Energy Holdings Co.
AMCA Coal Leasing, Inc.
AmCoal Holdings, Inc.
American Compliance Coal, Inc.
American Energy Corporation
American Equipment & Machine, Inc.
American Mine Services, Inc.
American Natural Gas, Inc.
AmericanHocking Energy, Inc.
AmericanMountaineer Energy, Inc.
AmericanMountaineer Properties, Inc.
Anchor Longwall and Rebuild, Inc.
Andalex Resources, Inc.
Andalex Resources Management, Inc.
Avonmore Rail Loading, Inc.
Belmont Coal, Inc.
Belmont County Broadcast Studio, Inc.
Canterbury Coal Company
CCC Land Resources LLC
CCC RCPC LLC
Central Ohio Coal Company
Coal Resources Holdings Co.
Coal Resources, Inc.
Consolidated Land Company
Consolidation Coal Company
Corporate Aviation Services, Inc.
Eighty-Four Mining Company
Empire Dock, Inc.
Energy Resources, Inc.
Energy Transportation, Inc.
Genwal Resources, Inc.
Kanawha Transportation Center, Inc.
KenAmerican Resources, Inc.
Keystone Coal Mining Corporation
Maple Creek Mining, Inc.
Maple Creek Processing, Inc.
McElroy Coal Company
Mill Creek Mining Company
Mon River Towing, Inc.
MonValley Transportation Center, Inc.
Murray American Coal, Inc.
Murray American Energy, Inc.
Murray American Kentucky Towing, Inc.
Murray American Minerals, Inc.
Murray American Resources, Inc.
Murray American River Towing, Inc.
Murray American Transportation, Inc.
Murray Colombian Resources, LLC
Murray Energy Corporation
Murray Equipment & Machine, Inc.
Murray Global Commodities, Inc.
Murray Kentucky Energy, Inc.
Murray Kentucky Energy Services, Inc.
Murray Keystone Processing, Inc.
Murray South America, Inc.
Murray Utah Energy Services, Inc.
Ohio Energy Transportation, Inc.
Ohio Valley Resources, Inc.
OhioAmerican Energy, Incorporated
Oneida Coal Company, Inc.
PennAmerican Coal L.P.
PennAmerican Coal, Inc.
Pennsylvania Transloading, Inc.
Pinski Corp.
Pleasant Farms, Inc.
Premium Coal, Inc.
Southern Ohio Coal Company
Spring Church Coal Company
Sunburst Resources, Inc.
T D K Coal Sales, Incorporated
The American Coal Company
The American Coal Sales Company
The Franklin County Coal Company
The Harrison County Coal Company
The Marion County Coal Company
The Marshall County Coal Company
The McLean County Coal Company
The Meigs County Coal Company
The Monongalia County Coal Company
The Muhlenberg County Coal Company, LLC
The Muskingum County Coal Company
The Ohio County Coal Company
The Ohio Valley Coal Company
The Ohio Valley Transloading Company
The Oklahoma Coal Company
The Washington County Coal Company
The Western Kentucky Coal Company, LLC
Twin Rivers Towing Company
UMCO Energy, Inc.
UtahAmerican Energy, Inc.
West Ridge Resources, Inc.
West Virginia Resources, Inc.
Western Kentucky Coal Resources, LLC
Western Kentucky Consolidated Resources, LLC
Western Kentucky Land Holding, LLC
Western Kentucky Rail Loadout, LLC
Western Kentucky Resources Financing, LLC
Western Kentucky Resources, LLC
Western Kentucky River Loadout, LLC
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UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
In re:
MURRAY ENERGY CORPORATION,
Debtor.
)
)
)
)
)
)
)
Chapter Case No. 19-___________(___)
LIST OF EQUITY SECURITY HOLDERS Debtor
Murray Energy
Corporation

Equity Holders
Murray Energy
Holdings Co.
Address of Equity Holder
46226 National Road,
St. Clairsville, Ohio
Percentage of
Equity Held
100%
This list serves as the disclosure required to be made by the debtor pursuant to Rule 1007 of the
Federal Rules of Bankruptcy Procedure. All equity positions listed indicate the record holder of such
equity as of the date of commencement of the chapter 11 case.
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UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
In re:
MURRAY ENERGY CORPORATION,
Debtor.
)
)
)
)
)
)
)
Chapter Case No. 19-___________(___)
CORPORATE OWNERSHIP STATEMENT
Pursuant to Rules 1007(a)(1) and 7007.1 of the Federal Rules of Bankruptcy Procedure, the
following are corporations, other than a government unit, that directly or indirectly own 10% or more of any
class of the debtor’s equity interest:
Shareholder
Murray Energy Holdings Co.
Approximate Percentage of Shares Held
100%
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Fill in this information to identify the case:
Debtor name
Murray Energy Holdings Co, et al.
United States Bankruptcy Court for the:

Southern District of Ohio
(State)
Case number (If known):
Check if this is an
amended filing
Official Form Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 50 Largest
Unsecured Claims and Are Not Insiders
12/
A list of creditors holding the 50 largest unsecured claims must be filed in a Chapter 11 or Chapter 9 case. Include claims which
the debtor disputes. Do not include claims by any person or entity who is an insider, as defined in 11 U.S.C. § 101(31). Also, do not
include claims by secured creditors, unless the unsecured claim resulting from inadequate collateral value places the creditor
among the holders of the 50 largest unsecured claims.
Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code


JOY GLOBAL
ATTN: MATT KULASA
VP, CORPORATE
CONTROLLER & CAO
100 EAST WISCONSIN AVE
SUITE MILWAUKEE, WI 53201-UNITED STATES
JENNMAR CORPORATION
ATTN: MICHAEL CALANDRA
EXECUTIVE VICE
PRESIDENT
258 KAPPA DR
PITTSBURGH, PA UNITED STATES
CB MINING, INC.
ATTN: JAY W CLEVELAND
CHIEF EXECUTIVE OFFICER
255 BERRY ROAD
WASHINGTON, PA UNITED STATES
JEFFREY C HURT
ATTN: JEFFERY C HURT
29425 CHAGRIN BLVD, SUITE
PEPPER PIKE, OH UNITED STATES

Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
MATT KULASA
MKULASA@JOYGLOBAL.
COM
PHONE - 724-873-FAX - 724-873-
Trade
Debt
$31,375,190.
MICHAEL CALANDRA
EMAIL MCALANDRA@JENNMAR.
COM
PHONE - 412-963-FAX - 304-864-
Trade
Debt
$27,712,339.
JAY W CLEVELAND
EMAIL JCLEVELAND@CBMINING
.COM
PHONE - 866-226-FAX - 724-884-JEFFERY C HURT
PHONE - 440-724-FAX - 216-591-
Trade
Debt
$11,929,629.
Trade
Debt
$10,953,579.
The Debtors reserve the right to assert setoff and other rights with respect to any of the claims listed herein.
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Page 9 of
Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code




GMS MINE REPAIR &
MAINTENANCE
ATTN: RON PETRELLA
CHIEF FINANCIAL OFFICER
32 ENTERPRISE DRIVE
MOUNTAIN LAKE PARK, MD
UNITED STATES
COASTAL DRILLING EAST,
LLC
ATTN: SCOTT KIGER
OWNER/CEO
130 MEADOW RIDGE ROAD
SUITE MT. MORRIS, PA UNITED STATES
ANDERSON EXCAVATING
LLC
ATTN: RODNEY ANDERSON
PRESIDENT
343 WILLIAMS RD
MORGANTOWN, WV UNITED STATES
INDUSTRIAL COMMERCIAL
RESIDENTIAL
ATTN: KENNETH WARE
OWNER
3351 HAMILTON ST
BELLAIRE, OH UNITED STATES
SWANSON & MORGANTOWN
ATTN: STEVE SANGALLI
PRESIDENT & CEO
2608 SMITHTOWN ROAD
MORGANTOWN, WV UNITED STATES
R M WILSON CO
ATTN: PAT POPICG
PRESIDENT
3434 MARKET ST
WHEELING, WV UNITED STATES
PENN LINE SERVICE, INC.
ATTN: DAVID W. LYNN
PRESIDENT
300 SCOTTDALE AVENUE
SCOTTSDALE, PA UNITED STATES
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
RON PETRELLA
EMAIL RPETRELLA@GMSMINER
EPAIR.COM
PHONE - 301-334-FAX - 301-334-
Trade
Debt
$9,355,472.
SCOTT KIGER
EMAIL SKIGER@SHAFTDRILLER
S.COM
PHONE - 304-328-FAX - 304-296-
Trade
Debt
$9,212,716.
RODNEY ANDERSON
EMAIL RANDERSON@ANDERSO
NEXCAVATINGLLC.COM
PHONE - 304-983-FAX - 304-983-
Trade
Debt
$8,873,720.
KENNETH WARE
EMAIL KWARE@ICSUPPLY.COM
PHONE - 844-427-FAX - 740-671-
Trade
Debt
$6,106,521.
STEVE SANGALLI
EMAIL SSANGALLI@SWANSONI
NDUSTRIES.COM
PHONE - 304-296-FAX - 304-291-PAT POPICG
EMAIL - INFO@
RMWILSON.COM
PHONE - 304-232-FAX - 304-232-
Trade
Debt
$5,876,735.
Trade
Debt
$5,512,932.
DAVID W. LYNN
EMAIL DAVE@PENNLINE.COM
PHONE - 724-887-FAX - 724-887-
Trade
Debt
$4,205,604.
2
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Page 10 of
Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code




HERITAGE COOPERATIVE
INC
ATTN: ERIC PARTHERMORE
PRESIDENT & CEO
59 GREIF PARKWAY
DELAWARE, OH UNITED STATES
SANDVIK MINING & CONST.
USA, LLC
ATTN: JOE ANTONELLI
VP OF BUSINESS
DEVELOPMENT
300 TECHNOLOGY COURT
SMYRNA, GA UNITED STATES
UNITED CENTRAL IND.
SUPPLY CO. LLC
ATTN: HENRY LOONEY
PRESIDENT
1241 VOLUNTEER PARKWAY
SUITE BRISTOL, TN UNITED STATES
CINTAS CORPORATION
ATTN: SCOTT FARMER
PRESIDENT & CEO
800 CINTAS BOULEVARD
CINCINNATI, OH 45262-UNITED STATES
LONE PINE CONSTRUCTION,
INC.
ATTN: REGIS LEACH
PRESIDENT & CEO
83 LUSK ROAD
BENTLEYVILLE, PA UNITED STATES
NEXGEN INDUSTRIAL
SERVICES, INC.
ATTN: DON LEMLEY
PRESIDENT
125 LONG STREET
RICES LANDING UNITED STATES
GLOBAL MINE SERVICE, INC.
ATTN: CRAIG WATSON
PRESIDENT
207 MARINE ST
BELLE VERNON, PA UNITED STATES
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
ERIC PARTHERMORE
EMAIL EPARTHEMORE@HERITA
GECOOPERATIVE.COM
PHONE - 937-335-FAX - 330-533-
Trade
Debt
$3,989,165.
JOE ANTONELLI
EMAIL JANTONELLI@SANDVIK.C
OM
PHONE - 888-778-FAX - 201-468-
Trade
Debt
$3,887,547.
HENRY LOONEY
EMAIL HLOONEY@UNITEDCENT
RAL.NET
PHONE - 4230573-FAX - 423-573-
Trade
Debt
$3,724,838.
SCOTT FARMER
EMAIL FARMERS2@CINTAS.CO
M
PHONE - 513-573-FAX - 513-573-REGIS LEACH
EMAIL RLEACH@LONEPINECON
ST.NET
PHONE - 724-239-FAX - 724-239-
Trade
Debt
$3,539,927.
Trade
Debt
$3,497,808.
DON LEMLEY
EMAIL DLEMLEY@NEXGENINDU
STRIAL.COM
PHONE - 724-592-FAX - 724-592-
Trade
Debt
$2,885,771.
CRAIG WATSON
EMAIL CWATSON@GLOBALMINE
SERVICE.COM
PHONE - 724-929-FAX - 724-929-
Trade
Debt
$2,821,941.
3
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Page 11 of
Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code




ROYAL HYDRAULIC SERVICE
& MFG.
ATTN: GARY MORRELL
PRESIDENT
2 WASHINGTON ST
COKEBURG, PA UNITED STATES
C & A CUTTER HEAD, I
ATTN: PAUL CAMBELL
PRESIDENT
212 KENDALL AVENUE
PO BOX CHILHOWIE, VA UNITED STATES
FUCHS LUBRICANTS CO.
ATTN: KEITH BREWER
PRESIDENT & CEO
17050 LATHROP AVENUE
HARVEY, IL UNITED STATES
DAVIS ELECTRIC COMPANY,
INC.
ATTN: MARK TARLEY
PRESIDENT
309 MOUND AVENUE
FAIRMONT, WV UNITED STATES
STRATA MINE SERVICES,
LLC
ATTN: MIKE BERUBE
PRESIDENT & CEO
8800 ROSWELL ROAD
SUITE SANDY SPRINGS, GA UNITED STATES
WARWOOD ARMATURE
REPAIR CO.
ATTN: BILL THALMAN
VP OF OPERATIONS
128 NORTH 7TH ST
WHEELING, WV UNITED STATES
LINCOLN CONTRACTING &
EQUIP CO INC
ATTN: HAROLD WALKER
PRESIDENT
2478 LINCOLN HIGHWAY
STOYSTOWN UNITED STATES
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
GARY MORRELL
EMAIL MARY.JOHNSON@LIVE.C
OM
PHONE - 724-945-FAX - 724-945-
Trade
Debt
$2,774,879.
PAUL CAMBELL
EMAIL PCAMPBELL@LONGWALL
.COM
PHONE - 276-646-FAX - 276-646-
Trade
Debt
$2,755,804.
KEITH BREWER
EMAIL KBREWER@FUCHS.COM
PHONE - 708-333-FAX - 724-852-
Trade
Debt
$2,731,982.
MARK TARLEY
EMAIL MTARLEY@DAVISELECTR
IC.NET
PHONE - 304-363-FAX - 304-367-
Trade
Debt
$2,498,338.
MIKE BERUBE
EMAIL MIKE.BERUBE@STRATA
WORLDWIDE.COM
PHONE - 740-695-FAX - 276-991-
Trade
Debt
$2,361,984.
BILL THALMAN
EMAIL CTHALMAN@WARWOOD
ARMATURE.COM
PHONE - 304-277-FAX - 304-277-
Trade
Debt
$2,314,228.
HAROLD WALKER
EMAIL - JIH@CECI.COM
PHONE - 814-629-FAX - 814-629-
Trade
Debt
$2,177,106.
4
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Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code




SAVAGE SERVICES
CORPORATION
ATTN: KIRK AUBRY
PRESIDENT & CEO
901 W. LEGACY CENTER
WAY
MIDVALE, UT UNITED STATES
CLEVELAND BROTHERS
EQUIPMENT CO INC
ATTN: JAY CLEVELAND
PRESIDENT & CEO
4565 WILLIAM PENN
HIGHWAY
MURRYSVILLE, PA UNITED STATES
CROWN PRODUCTS &
SERVICES INC
ATTN: DOUG SIMMONS
PRESIDENT & CEO
319 S GILLETTE AVE STE GILLETTE, WY UNITED STATES
MEMMO CONTRACTING, INC.
ATTN: DEANO MEMMO
DIRECTOR
600 CHERRY BLOSSOM WAY
BRIDGEVILLE, PA UNITED STATES
LEE SUPPLY CO., INC.
ATTN: NOELLE TAUCHER
CONTROLLER
305 1ST STREET
CHARLEROI, PA 15022-UNITED STATES
ERIKS NORTH AMERICA INC
ATTN: BEN MONDICS
PRESIDENT & CEO
650 WASHINGTON ROAD
SUITE PITTSBURGH, PA UNITED STATES
LARROL SUPPLY, INC.
ATTN: PETE KOHUT
PRESIDENT
66261 NORTH 26TH ROAD
BETHESDA, OH 43719-UNITED STATES
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
KIRK AUBRY
EMAIL KIRKR@SAVAGESERVICE
S.COM
PHONE - 801-944-FAX - 801-944-
Trade
Debt
$2,144,454.
JAY CLEVELAND
EMAIL JCLEVELAND@CLEVELAN
DBROTHERS.COM
PHONE - 724-327-FAX - 724-325-
Trade
Debt
$1,977,533.
DOUG SIMMONS
EMAIL SDSIMMONS@CROWNPS.
US
PHONE - 307-696-FAX - 307-696-
Trade
Debt
$1,699,615.
DEANO MEMMO
EMAIL MEMCON@COMCAST.NE
T
PHONE - 724-350-FAX - 724-746-NOELLE TAUCHER
EMAIL NTAUCHER@LEESUPPLY.
COM
PHONE - 724-483-FAX - 724-483-BEN MONDICS
EMAIL BMONDICS@ERIKSNA.CO
M
PHONE - 724-213-FAX - 724-344-
Trade
Debt
$1,619,285.
Trade
Debt
$1,573,976.
Trade
Debt
$1,531,990.
PETE KOHUT
EMAIL PKOHUT@LARROLSUPPL
Y.COM
PHONE - 740-782-FAX - 740-782-
Trade
Debt
$1,499,240.
5
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Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code




WHEELER MACHINERY
COMPANY
ATTN: JEFF IPSEN
CHIEF FINANCIAL OFFICER
4901 2100 S
SALT LAKE CITY, UT UNITED STATES
OMEGA CEMENTING CO
ATTN: DONALD GADDIS
CHIEF EXECUTIVE OFFICER
3776 MILLBORNE RD
APPLE CREEK, OH UNITED STATES
HARVEY SERVICES LLC
ATTN: GARY L HARVEY
31 HARVEY LANE
SCENERY HILL, PA UNITED STATES
JABO SUPPLY CORP.
ATTN: JACK BAZEMORE
PRESIDENT
5164 BRALEY RD
HUNTINGTON, WV UNITED STATES
OHIO CAT
ATTN: DAVE BLOCKSOM
CHIEF FINANCIAL OFFICER
3993 E ROYALTON RD
BROADVIEW HEIGHTS, OH
UNITED STATES
MECHANICAL & CERAMIC
SOLUTIONS, INC
ATTN: KENNETH SHAREK
PRESIDENT
730 SUPERIOR STREET
CARNEGIE, PA UNITED STATES
RICHWOOD INDUSTRIES,
INC.
ATTN: KEVIN MALOY
CHIEF OPERATING OFFICER
707 7TH STREET WEST
HUNTINGTON, WV UNITED STATES
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
JEFF IPSEN
EMAIL JEFFIPSEN@WHEELERC
AT.COM
PHONE - 801-974-FAX - 801-974-
Trade
Debt
$1,393,183.
DONALD GADDIS
EMAIL GADDIS25@EMBARQMAIL
.COM
PHONE - 330-695-
Trade
Debt
$1,389,105.
GARY L HARVEY
EMAIL HARVEYSERVICESLLC@
GMAIL.COM
PHONE - 740-391-FAX - 724-632-JACK BAZEMORE
EMAIL JBAZEMORE@JABOSUPP
LY.COM
PHONE - 304-736-FAX - 304-736-DAVE BLOCKSOM
EMAIL DBLOCKSOM@OHIOCAT.
COM
PHONE - 800-837-FAX - 740-942-
Trade
Debt
$1,272,815.
Trade
Debt
$1,259,129.
Trade
Debt
$1,249,688.
KENNETH SHAREK
EMAIL - KENNETHS@mcspa.com
PHONE - 412-429-FAX - 412-429-
Trade
Debt
$1,246,200.
KEVIN MALOY
EMAIL KMALOY@RICHWOOD.CO
M
PHONE - 304-525-FAX - 304-525-
Trade
Debt
$1,235,667.
6
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Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code




A. REED EXCAVATING L
ATTN: ADAM REED
CHIEF EXECUTIVE OFFICER
52912 STATE ROUTE BEALLSVILLE, OH UNITED STATES
ELGIN INDUSTRIES
ATTN: PETER WALIER
CHIEF EXECUTIVE OFFICER
2001 BUTTERFIELD
DOWNERS GROVE, IL UNITED STATES
R.G. JOHNSON COMPANY
ATTN: JIM LECKIE
PRESIDENT
25 SOUTH COLLEGE STREET
WASHINGTON, PA UNITED STATES
MAC'S MINING REPAIR
SERVICE, INC.
ATTN: LYNN C. SITTERUD
PRESIDENT
225 WEST 400 SOUTH
HUNTINGTON, UT UNITED STATES
IRWIN MINE & TUNNELING
SUPPLY
ATTN: DAVID FITZPATRICK
SENIOR VICE PRESIDEN
9953 BROADWAY ST
IRWIN, PA UNITED STATES
AMERICAN MINE POWER,
INC.
ATTN: FREDDIE D. BALL JR.
PRESIDENT
584 RAGLAND ROAD
BECKLEY, WV UNITED STATES
STATE ELECTRIC SUPPLY
COMPANY
ATTN: JOHN SPOOR
PRESIDENT & COO
210 2ND AVE
HUNTINGTON, WV UNITED STATES
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
ADAM REED
PHONE - 740-391-FAX - 740-926-
Trade
Debt
$1,234,931.
PETER WALIER
EMAIL peter.walier@elginindustries
.com
PHONE - 630-434-FAX - 618-268-JIM LECKIE
PHONE - 724-222-FAX - 724-222-
Trade
Debt
$1,232,678.
Trade
Debt
$1,221,678.
LYNN C. SITTERUD
EMAIL LYNN@MACSMININGREP
AIR.COM
PHONE - 435-687-FAX - 435-687-
Trade
Debt
$1,215,224.
DAVID FITZPATRICK
EMAIL DFITZPATRICK@IRWINCA
R.COM
PHONE - 724-864-FAX - 724-864-
Trade
Debt
$1,144,812.
FREDDIE D. BALL JR.
PHONE - 304-253-FAX - 304-235-
Trade
Debt
$1,138,652.
JOHN SPOOR
EMAIL john.spoor@stateelectric.co
m
PHONE - 304-528-FAX - 304-424-
Trade
Debt
$1,127,785.
7
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Amount of claim
Nature of
claim
Name of creditor and complete
mailing address, including zip code


DATE MINING
ATTN: TERRY RICE
PRINCIPAL
1400 SOUTH MAIN STREET
HARRISBURG, IL UNITED STATES
UMWA HEALTH AND
RETIREMENT FUNDS
ATTN: DALE STOVER
DIRECTOR OF FINANCE AND
GENERAL SERVICES
2121 K STREET, SUITE WASHINGTON, DC UNITED STATES
RAVEN ENERGY LLC ("CMT")
ATTN: CATHERINE STEEGE
PARTNER
C/O JENNER BLOCK
353 N CLARK STREET
CHICAGO, IL UNITED STATES
MARGARET ANNE
WICKLAND, AS TRUSTEE
FOR AND ON BEHALF OF AN
IRREVOCABLE TRUST
ESTABLISHED DECEMBER
23, 1974, AND A REVOCABLE
TRUST ESTABLISHED
AUGUST 23, 1985 AND
GUY CORPORATION
ATTN: KEVIN G. HROBLAK
ATTORNEY
WHITEFORD, TAYLOR &
PRESTON L.L.P.
SEVEN SAINT PAUL STREET
SUITE BALTIMORE, MD
Name, telephone number and
email address of creditor contact
(for
example,
trade debts,
bank loans,
professional
services, and
government
contracts)
TERRY RICE
PHONE - 618-252-
Desc Main
Indicate if claim
is contingent,
unliquidated, or
disputed
Trade
Debt
If the claim is fully unsecured, fill in only
unsecured claim amount. If claim is partially
secured, fill in total claim amount and deduction
for value of collateral or setoff to calculate
unsecured claim.
Total
claim, if
partially
secured
1Deduction
for value of
collateral or
setoff [1]
Unsecured Claim
$1,121,544.
Dale Stover
EMAIL DSTOVER@UMWAFUNDS
.ORG
PHONE - 703-291-
Pension
and
Health
Benefits
Catherine Steege
EMAIL CSTEEGE@JENNER.COM
PHONE - 312-923-FAX - 312-840-
Breach of
Contract
Contingent,
Unliquidated,
Disputed
Undetermined
Kevin G. Hroblak
EMAIL khroblak@wtplaw.com
PHONE - 410-347-FAX - 410-752-
Litigation
Unliquidated
Undetermined

Undetermined
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Desc Main
Fill in this information to identify the case and this filing:
Debtor Name
Murray Energy Corporation
United States Bankruptcy Court for the:
Southern District of Ohio
(State)
Case number (If known):
Official Form Declaration Under Penalty of Perjury for Non-Individual Debtors
12/
An individual who is authorized to act on behalf of a non-individual debtor, such as a corporation or partnership, must sign and
submit this form for the schedules of assets and liabilities, any other document that requires a declaration that is not included in
the document, and any amendments of those documents. This form must state the individual’s position or relationship to the
debtor, the identity of the document, and the date. Bankruptcy Rules 1008 and 9011.
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property
by fraud in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. U.S.C. §§ 152, 1341, 1519, and 3571.
Declaration and signature
I am the president, another officer, or an authorized agent of the corporation; a member or an authorized agent of the
partnership; or another individual serving as a representative of the debtor in this case.
I have examined the information in the documents checked below and I have a reasonable belief that the information is true
and correct:

Schedule A/B: Assets-Real and Personal Property (Official Form 206A/B)

Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D)

Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F)

Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G)

Schedule H: Codebtors (Official Form 206H)

Summary of Assets and Liabilities for Non-Individuals (Official Form 206Sum)

Amended Schedule

Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 50 Largest Unsecured Claims and Are Not Insiders
(Official Form 204)

Other document that requires a declaration
Statement
List of Equity Security Holders and Corporate Ownership
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
10/29/MM/ DD/YYYY
 /s/ Robert D. Moore
Signature of individual signing on behalf of debtor
Robert D. Moore
Printed name
Authorized Signatory
Position or relationship to debtor
Official Form
Declaration Under Penalty of Perjury for Non-Individual Debtors
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Desc Main
RESOLUTIONS OF THE BOARDS OF DIRECTORS OF
MURRAY ENERGY CORPORATION
(an Ohio corporation)
(“Murray Energy”)
MURRAY ENERGY HOLDINGS CO.
(a Delaware corporation)
(“Holdings”)
WHEREAS, the boards of directors (each, a “Governing Body”) of Murray Energy and
Holdings (each, a “Company,” and collectively, the “Companies”) have considered presentations
by the management and the financial and legal advisors of each Company regarding the liabilities
and liquidity situation of each Company, the strategic alternatives available to it, and the effect of
the foregoing on each Company’s business;
WHEREAS, each Governing Body has had the opportunity to consult with the
management and the financial and legal advisors of the Companies and to fully consider each of
the strategic alternatives available to the Companies;
WHEREAS, after a marketing process and negotiations with its stakeholders, the
Companies and their advisors have negotiated with certain of the lenders under its Superpriority
Credit and Guaranty Agreement (as defined herein) to provide a senior secured
debtor-in-possession term loan facility in an amount up to $350 million to the Companies
(the “DIP Facility”), which would be used to fund the Companies’ operations in the ordinary
course, fund the administration of each Company’s Chapter 11 Case (as defined herein), pay the
claims of certain vendors, employees, and other stakeholders in the ordinary course of business
during each Company’s Chapter 11 Case, and repay the amounts outstanding under the asset based
revolving facility under the Amended and Restated Revolving Credit Agreement (but not the first
in, last out term loan under that credit agreement);
WHEREAS, the Companies and their advisors have negotiated that certain restructuring
support agreement (the “RSA”) with the Consenting Superpriority Lenders and Consenting
Equityholders (each as is defined in the RSA), which RSA documents the support of those
consenting parties for each Company’s proposed Chapter 11 Cases and reorganization; and
WHEREAS, each Governing Body has reviewed and considered presentations by the
management and the financial and legal advisors of each Company regarding the DIP Facility and
the RSA.
NOW, THEREFORE, BE IT,
CHAPTER 11 FILING
RESOLVED, that, in the judgment of each Governing Body, it is desirable and in the best
interests of each Company (including a consideration of its creditors and other parties in interest)
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that each Company shall be, and hereby is, authorized to file, or cause to be filed, a voluntary
petition for relief (the “Chapter 11 Case”) under the provisions of chapter 11 of title 11 of the
United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”), in the United States
Bankruptcy Court for the Southern District of Ohio (the “Bankruptcy Court”) and any other
petition for relief or recognition or other order that may be desirable under applicable law in the
United States.
RESOLVED, that any of the Chief Executive Officer, Chief Financial Officer, any
Executive Vice President, any Senior Vice President, any Chief Legal Officer, or any other duly
appointed officer of each Company (collectively, the “Authorized Officers”), acting alone or with
one or more other Authorized Officers be, and they hereby are, authorized, empowered, and
directed to execute and file on behalf of each Company all petitions, schedules, lists, and other
motions, papers, or documents, and to take any and all action that they deem necessary or proper
to obtain such relief, including, without limitation, any action necessary to maintain the ordinary
course operation of each Company’s business.
ENTRY INTO RSA
RESOLVED, that, in the judgment of each Governing Body, it is desirable and in the best
interests of each Company (including a consideration of its creditors and other parties in interest)
that each Company shall be, and hereby is, authorized to and directed to finalize, execute, and
deliver the RSA, and the Companies’ performance of their obligations under the RSA, including
the negotiation and documentation of a chapter 11 plan and asset purchase agreement, and all
exhibits, schedules, attachments, and ancillary documents or agreements related to such
documents, is, in all respects, approved and authorized.
RETENTION OF PROFESSIONALS
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and
directed to employ the law firm of Kirkland & Ellis LLP and Kirkland & Ellis International LLP
(together, “Kirkland”) as general bankruptcy counsel to represent and assist each Company in
carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance each
Company’s rights and obligations, including filing any motions, objections, replies, applications,
or pleadings; and in connection therewith, each of the Authorized Officers, with power of
delegation, is hereby authorized and directed to execute appropriate retention agreements, pay
appropriate retainers, and to cause to be filed an appropriate application for authority to retain the
services of Kirkland;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and
directed to employ the law firm of Dinsmore & Shohl L.L.P. (“Dinsmore”) as local bankruptcy
counsel to represent and assist each Company in carrying out its duties under the Bankruptcy Code,
and to take any and all actions to advance each Company’s rights and obligations, including filing
any motions, objections, replies, applications, or pleadings; and in connection therewith, each of
the Authorized Officers, with power of delegation, is hereby authorized and directed to execute
appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate
application for authority to retain the services of Dinsmore;
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RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and
directed to employ the firm Evercore Group L.L.C. (“Evercore”), as investment banker to represent
and assist each Company in carrying out its duties under the Bankruptcy Code, and to take any
and all actions to advance each Company’s rights and obligations; and in connection therewith,
each of the Authorized Officers, with power of delegation, is hereby authorized and directed to
execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an
appropriate application for authority to retain the services of Evercore;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and
directed to employ the firm Alvarez and Marsal L.L.C. (“A&M”), as financial advisor to represent
and assist each Company in carrying out its duties under the Bankruptcy Code, and to take any
and all actions to advance each Company’s rights and obligations; and in connection therewith,
each of the Authorized Officers, with power of delegation, is hereby authorized and directed to
execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an
appropriate application for authority to retain the services of A&M;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and
directed to employ the firm of Prime Clerk LLC (“Prime Clerk”) as notice and claims agent to
represent and assist each Company in carrying out its duties under the Bankruptcy Code, and to
take any and all actions to advance each Company’s rights and obligations; and in connection
therewith, each of the Authorized Officers, with power of delegation, is hereby authorized and
directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be
filed appropriate applications for authority to retain the services of Prime Clerk;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and
directed to employ any other professionals to assist each Company in carrying out its duties under
the Bankruptcy Code; and in connection therewith, each of the Authorized Officers, with power
of delegation, is hereby authorized and directed to execute appropriate retention agreements, pay
appropriate retainers and fees, and to cause to be filed an appropriate application for authority to
retain the services of any other professionals as necessary; and
RESOLVED, that each of the Authorized Officers be, and they hereby are, with power of
delegation, authorized, empowered, and directed to execute and file all petitions, schedules,
motions, lists, applications, pleadings, and other papers and, in connection therewith, to employ
and retain all assistance by legal counsel, accountants, financial advisors, and other professionals
and to take and perform any and all further acts and deeds that each of the Authorized Officers
deem necessary, proper, or desirable in connection with each Company’s Chapter 11 Case, with a
view to the successful prosecution of such case.
CASH COLLATERAL AND DEBTOR-IN-POSSESSION FINANCING
WHEREAS, each Company will obtain benefits from the use of collateral, including cash
collateral, as that term is defined in section 363(a) of the Bankruptcy Code (the “Cash Collateral”),
which is security for certain prepetition secured lenders (collectively, the “Secured Lenders”) party
to:
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(a)
that certain Amended and Restated Revolving Credit Agreement, originally dated
as of December 5, 2013, as amended, restated, modified, or supplemented from
time to time prior to the date hereof, among Holdings, Murray Energy, as borrower,
the guarantors from time to time party thereto, the various lenders from time to time
party thereto, and Goldman Sachs Bank USA, as agent;
(b)
that certain Superpriority Credit and Guaranty Agreement, dated as of June 29,
2018, as amended, restated, modified, or supplemented from time to time prior to
the date hereof (the “Superpriority Credit and Guaranty Agreement”), among
Holdings, Murray Energy, as borrower, the guarantors from time to time party
thereto, the various lenders from time to time party thereto, and GLAS Trust
Company LLC, as administrative agent;
(c)
that certain Credit and Guaranty Agreement, dated as of April 16, 2015, as
amended, restated, modified, or supplemented from time to time prior to the date
hereof, among Holdings, Murray Energy, as borrower, the guarantors from time to
time party thereto, the various lenders from time to time party thereto and Black
Diamond Commercial Finance, L.L.C., as successor administrative agent to GLAS
Trust Company LLC and Deutsche Bank AG New York Branch, respectively;
(d)
that certain Indenture, dated June 29, 2018, as amended, restated, modified, or
supplemented from time to time prior to the date hereof, by and among Murray
Energy, as issuer, the guarantors from time to time party thereto, The Bank of New
York Mellon Trust Company, N.A., as indenture trustee, and U.S. Bank National
Association, as collateral trustee;
(e)
that certain Indenture, dated May 8, 2014, as amended, restated, modified or
supplemented from time to time prior to the date hereof, by and among Murray
Energy, as issuer, the guarantors from time to time party thereto, The Bank of New
York Mellon Trust Company, N.A., as indenture trustee, and U.S. Bank National
Association, as collateral trustee; and
(f)
that certain Indenture, dated April 16, 2015, as amended, restated, modified or
supplemented from time to time prior to the date hereof, by and among Murray
Energy, as issuer, the guarantors from time to time party thereto, The Bank of New
York Mellon Trust Company, N.A., as indenture trustee, and U.S. Bank National
Association, as collateral trustee.
WHEREAS, reference is made to that certain Debtor-In-Possession Credit Agreement
(together with all exhibits, schedules, and annexes thereto, the “DIP Credit Agreement”), dated as
of, or about, the date hereof, by and among Murray Energy, as borrower (the “Borrower”), and a
debtor and debtor in possession under Chapter 11 of the Bankruptcy Code, Holdings, Murray
Metallurgical Coal Properties, LLC, Murray Metallurgical Coal Properties II, LLC and all other
direct and indirect domestic subsidiaries of the Borrower that are guarantors under the
Superpriority Credit and Guaranty Agreement, as guarantors (together with the Borrower,
the “Debtors”), the lenders party thereto from time to time (collectively, the “DIP Lenders”), and
GLAS Trust Company LLC, as administrative agent (the “DIP Agent”);
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WHEREAS, the obligation of the DIP Lenders to make the extensions of credit to the
Borrower is subject to, among other things, each Company entering into the DIP Credit Agreement
and satisfying certain conditions in the DIP Credit Agreement; and
WHEREAS, each Company will obtain benefits from the DIP Credit Agreement and it is
advisable and in the best interest of each Company to enter into the DIP Credit Agreement and
each other DIP Loan Document (as defined in the DIP Credit Agreement) and to perform its
obligations thereunder, including granting security interests in all or substantially all of its assets.
NOW, THEREFORE, BE IT,
RESOLVED, that the form, terms, and provisions of the DIP Credit Agreement, and the
transactions contemplated by the DIP Credit Agreement (including, without limitation, the
borrowings thereunder), the transactions contemplated therein, and the guaranties, liabilities,
obligations, security interests granted, and notes issued, if any, in connection therewith, be, and
hereby are, authorized, adopted and approved;
RESOLVED, that each Company will obtain benefits from the DIP Credit Agreement and
it is advisable and in the best interest of each Company to enter into the DIP Credit Agreement
and each other DIP Loan Document and to perform its obligations thereunder, including granting
security interests in all or substantially all of its assets;
RESOLVED, that each Company’s execution and delivery of, and its performance of its
obligations (including guarantees) in connection with the DIP Credit Agreement, are hereby, in all
respects, authorized and approved; and further resolved, that each of the Authorized Officers,
acting alone or with one or more Authorized Officers, is hereby authorized, empowered, and
directed to negotiate the terms of and to execute, deliver, and perform under the DIP Credit
Agreement and any and all other documents, certificates, instruments, agreements, intercreditor
agreements, any amendment, or any other modification required to consummate the transactions
contemplated by the DIP Credit Agreement in the name and on behalf of each Company, in the
form approved, with such changes therein and modifications and amendments thereto as any of
the Authorized Officers may in his or her sole discretion approve, which approval shall be
conclusively evidenced by his or her execution thereof. Such execution by any of the Authorized
Officers is hereby authorized to be by facsimile, engraved or printed as deemed necessary and
preferable;
RESOLVED, that each of the Authorized Officers, acting alone or with one or more
Authorized Officers, be, and hereby are, authorized, empowered, and directed in the name of, and
on behalf of, each Company to seek authorization to enter into the DIP Credit Agreement and to
seek approval of the use of Cash Collateral pursuant to a postpetition financing order in interim
and final form, and any Authorized Signatory be, and hereby is, authorized, empowered, and
directed to negotiate, execute, and deliver any and all agreements, instruments, or documents, by
or on behalf of each Company, necessary to implement the postpetition financing, including
providing for adequate protection to the Secured Lenders in accordance with section 363 of the
Bankruptcy Code, as well as any additional or further agreements for entry into the DIP Credit
Agreement and the use of cash collateral in connection with each Company’s Chapter 11 Case,
which agreements may require each Company to grant adequate protection and liens to each
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Company’s Secured Lenders and each other agreement, instrument, or document to be executed
and delivered in connection therewith, by or on behalf of each Company pursuant thereto or in
connection therewith, all with such changes therein and additions thereto as any Authorized
Signatory approves, such approval to be conclusively evidenced by the taking of such action or by
the execution and delivery thereof;
RESOLVED, that (i) the form, terms, and provisions of the DIP Credit Agreement and all
other DIP Loan Documents to which each Company is a party, (ii) the grant of security interests
in, pledges of, and liens on all or substantially all of the assets now or hereafter owned by each
Company as collateral (including pledges of equity and personal property as collateral) under the
DIP Loan Documents, (iii) the guaranty of obligations by each Company under the DIP Loan
Documents, from which each Company will derive value, be and hereby are, authorized, adopted,
and approved, and (iv) any Authorized Signatory or other officer of each Company is hereby
authorized, empowered, and directed, in the name of and on behalf of each Company, to take such
actions and negotiate or cause to be prepared and negotiated and to execute, deliver, perform, and
cause the performance of, each of the transactions contemplated by the DIP Credit Agreement,
substantially in the form provided to each Governing Body, the DIP Loan Documents and such
other agreements, certificates, instruments, receipts, petitions, motions, or other papers or
documents to which each Company is or will be a party or any order entered into in connection
with each Company’s Chapter 11 Case (collectively with the DIP Credit Agreement,
the “Financing Documents”), incur and pay or cause to be paid all related fees and expenses, with
such changes, additions and modifications thereto as an Authorized Signatory executing the same
shall approve;
RESOLVED, that each Company, as debtor and debtor-in-possession under the
Bankruptcy Code be, and hereby is, authorized, empowered, and directed to incur any and all
obligations and to undertake any and all related transactions on substantially the same terms as
contemplated under the Financing Documents (collectively, the “Financing Transactions”),
including granting liens on its assets to secure such obligations;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized,
empowered, and directed in the name of, and on behalf of, each Company, as debtor and debtorin-possession, to take such actions as in its discretion is determined to be necessary, desirable, or
appropriate to execute, deliver, and file: (i) the Financing Documents and such agreements,
certificates, instruments, guaranties, notices, and any and all other documents, including, without
limitation, any amendments, supplements, modifications, renewals, replacements, consolidations,
substitutions, and extensions of any Financing Documents, necessary, desirable, or appropriate to
facilitate the Financing Transactions; (ii) all petitions, schedules, lists, and other motions, papers,
or documents, which shall in its sole judgment be necessary, proper, or advisable, which
determination shall be conclusively evidenced by his/her or their execution thereof; (iii) such other
instruments, certificates, notices, assignments, and documents as may be reasonably requested by
the DIP Agent and other parties in interest; and (iv) such forms of deposit account control
agreements, officer’s certificates, and compliance certificates as may be required by the Financing
Documents;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized,
empowered, and directed in the name of, and on behalf of, each Company to file or to authorize
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the DIP Agent to file any Uniform Commercial Code (“UCC”) financing statements, any other
equivalent filings, any intellectual property or real estate filings and recordings, and any necessary
assignments for security or other documents in the name of each Company that the DIP Agent
deems necessary or convenient to perfect any lien or security interest granted under the Financing
Documents, including any such UCC financing statement containing a generic description of
collateral, such as “all assets,” “all property now or hereafter acquired” and other similar
descriptions of like import, and to execute and deliver, and to record or authorize the recording of,
such mortgages and deeds of trust in respect of real property of each Company and such other
filings in respect of intellectual and other property of each Company, in each case as the DIP Agent
may reasonably request to perfect the security interests of the DIP Agent under the Financing
Documents;
RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized,
empowered, and directed in the name of, and on behalf of, each Company to take all such further
actions, including, without limitation, to pay or approve the payment of all fees and expenses
payable in connection with the Financing Transactions and all fees and expenses incurred by or on
behalf of each Company in connection with the foregoing resolutions, in accordance with the terms
of the Financing Documents, which shall in their reasonable business judgment be necessary,
proper, or advisable to perform each Company’s obligations under or in connection with the
Financing Documents or any of the Financing Transactions and to fully carry out the intent of the
foregoing resolutions;
RESOLVED, that each of the Authorized Officers be, and hereby is, authorized,
empowered, and directed in the name of, and on behalf of, each Company, to execute and deliver
any amendments, supplements, modifications, renewals, replacements, consolidations,
substitutions, and extensions of the postpetition financing or any of the Financing Documents or
to do such other things which shall in their sole judgment be necessary, desirable, proper, or
advisable to give effect to the foregoing resolutions, which determination shall be conclusively
evidenced by his/her or their execution thereof; and
RESOLVED, that, to the extent any Company serves as the sole member, general partner,
managing member, equivalent manager, or other governing body (each, a “Controlling Company”)
of any other Company, each Authorized Signatory, as applicable, is authorized, empowered, and
directed to take each of the actions described in these resolutions or any of the actions authorized
by these resolutions on behalf of the applicable Controlling Company.
APPOINTMENT OF CHAIRMAN AND PRESIDENT & CHIEF EXECUTIVE OFFICER
WHEREAS, pursuant to the 2019 Amended and Restated Code of Regulations of Murray
Energy (the “Murray Energy Bylaws”) and the Bylaws of Holdings (the “Holdings Bylaws”), the
officers of Murray Energy and Holdings shall be elected by the Governing Body of the Company;
WHEREAS, pursuant to the Murray Energy Bylaws, the positions of Chairman of the
Board and President and Chief Executive Officer have been established as separate positions that
may be filled by one or more persons;
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WHEREAS, pursuant to the Murray Energy Bylaws, the President and Chief Executive
Officer shall have general charge and authority over the business of Murray Energy and have all
such powers as are assigned to or vested in him by the board of directors of Murray Energy or
otherwise provided by agreement;
NOW, THEREFORE, BE IT,
RESOLVED, that Robert E. Murray is hereby appointed as Chairman of the Board of
Murray Energy and Holdings, effective immediately, and will hold such office until his successor
is duly elected and qualified or until his earlier death, resignation or removal; and
RESOLVED, that Robert D. Moore is hereby appointed as President and Chief Executive
Officer of Murray Energy and Holdings, effective immediately, replacing Robert E. Murray in
such office, and will hold such office until his successor is duly elected and qualified or until his
earlier death, resignation or removal and shall have the power to manage the business of Murray
Energy and Holdings and carry into, or cause to be carried into, effect the orders and resolutions
of each Governing Body, respectively, including, without limitation complying with the RSA and
DIP Credit Agreement and creating, revising and overseeing the budget for the DIP Credit
Agreement.
GENERAL
RESOLVED, that, in addition to the specific authorizations heretofore conferred upon the
Authorized Officers, each of the Authorized Officers (and their designees and delegates) be, and
they hereby are, authorized and empowered, in the name of and on behalf of each Company, to
take or cause to be taken any and all such other and further action, and to execute, acknowledge,
deliver, and file any and all such agreements, certificates, instruments, and other documents and
to pay all expenses, including, but not limited to, filing fees, in each case as in such Authorized
Signatory’s judgment, shall be necessary, advisable, or desirable in order to fully carry out the
intent and accomplish the purposes of the resolutions adopted herein;
RESOLVED, each of the Authorized Officers be, and each hereby is, authorized and
empowered to take any and all action with respect to each Company’s subsidiaries that such
Authorized Officer shall deem necessary, proper or advisable in furtherance of the foregoing
resolutions (including consenting to amendments, amendments and restatements or other
modifications of such subsidiaries’ governing documents);
RESOLVED, that each Governing Body of each Company has received sufficient notice
of the actions and transactions relating to the matters contemplated by the foregoing resolutions,
as may be required by the organizational documents of each Company, or hereby waive any right
to have received such notice;
RESOLVED, that all acts, actions, and transactions relating to the matters contemplated
by the foregoing resolutions done in the name of and on behalf of each Company, which acts would
have been approved by the foregoing resolutions except that such acts were taken before the
adoption of these resolutions, are hereby in all respects approved and ratified as the true acts and
deeds of each Company with the same force and effect as if each such act, transaction, agreement,
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or certificate had been specifically authorized in advance by resolution of each Governing Body;
and
RESOLVED, that each of the Authorized Officers (and their designees and delegates) be,
and hereby is, authorized and empowered to take all actions or to not take any action in the name
of each Company with respect to the transactions contemplated by these resolutions hereunder, as
such Authorized Signatory shall deem necessary or desirable in such Authorized Signatory’s
reasonable business judgment as may be necessary or convenient to effectuate the purposes of the
transactions contemplated herein.
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