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EX-10.1 - EXHIBIT 10.1 - Patriot Coal CORPdp32212_ex1001.htm

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): August 7, 2012
 

 
Patriot Coal Corporation
(Exact name of registrant as specified in its charter)
 

 
         
Delaware
 
001-33466
 
20-5622045
(State or other jurisdiction
 
(Commission
 
(IRS Employer
of incorporation)
 
File Number)
 
Identification No.)
 
         
12312 Olive Boulevard, Suite 400
St. Louis, Missouri
     
63141
(Address of principal executive offices)
     
(Zip Code)
 
Registrant’s telephone number, including area code: (314) 275-3600
 
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 (see General Instruction A.2. below):
 
¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 
 

 
 

Item 1.01. Entry into a Material Definitive Agreement.
 
On August 7, 2012, Patriot Coal Corporation (“Patriot”) entered into Amendment No. 1 (the “Credit Agreement Amendment”) to the Superpriority Secured Debtor-in-Possession Credit Agreement dated July 9, 2012 among Patriot Coal Corporation, certain subsidiaries of Patriot Coal Corporation designated therein as guarantors, Citibank, N.A., as Administrative Agent, Citicorp North America, Inc., Barclays Bank PLC, New York Branch and Bank of America, N.A., as L/C Issuers, and certain other lenders party thereto (the “Credit Agreement”). The Credit Agreement Amendment amends the Credit Agreement to decrease the rate at which term loans under the Credit Agreement will bear interest to a rate per annum equal to the Eurocurrency Rate (as defined in the Credit Agreement) plus 7.75% or the Base Rate (as defined in the Credit Agreement) plus 6.75%.  In addition, among other things, the Credit Agreement Amendment also amends the Credit Agreement to decrease the fee payable by Patriot if it elects to extend the maturity date of the Credit Agreement to 0.25% of the aggregate revolving credit commitments and term loans outstanding on the extension date.
 
The foregoing description of the Credit Agreement Amendment does not purport to be complete and is qualified in its entirety by reference to the Credit Agreement Amendment, which is filed as Exhibit 10.1 hereto, and is incorporated into this report by reference.
 
Item 9.01. Financial Statements and Exhibits.
 
(d) Exhibits
 
Exhibit
No.
  
Description
   
10.1
  
Amendment No. 1 dated as of August 7, 2012 to the Superpriority Secured Debtor-in-Possession Credit Agreement dated July 9, 2012 among Patriot Coal Corporation, certain subsidiaries of Patriot Coal Corporation designated therein as guarantors, Citibank, N.A., as Administrative Agent, Citicorp North America, Inc., Barclays Bank PLC, New York Branch and Bank of America, N.A., as L/C Issuers, and certain other lenders party thereto.
 
 
 
 

 
 
 
 
SIGNATURES
 
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.
 
Dated: August 13, 2012
 
       
PATRIOT COAL CORPORATION
 
     
By:
 
/s/ Mark N. Schroeder
 
   
Mark N. Schroeder
 
   
Senior Vice President & Chief Financial Officer
 
 
 
 
 

 
 
 
 
EXHIBIT INDEX
 
Exhibit
No.
  
Description
   
10.1
  
Amendment No. 1 dated as of August 7, 2012 to the Superpriority Secured Debtor-in-Possession Credit Agreement dated July 9, 2012 among Patriot Coal Corporation, certain subsidiaries of Patriot Coal Corporation designated therein as guarantors, Citibank, N.A., as Administrative Agent, Citicorp North America, Inc., Barclays Bank PLC, New York Branch and Bank of America, N.A., as L/C Issuers, and certain other lenders party thereto.