ARCHIVE

Cloud Peak's credit amendment

CLOUD Peak Energy Resources has amended a key finance agreement to grant itself more flexibility.

Noel Dyson

This article is 12 years old. Images might not display.

It has also left it with a credit document that is a bit of a mouthful – amendment no.1 to amended and restated credit agreement.

One of the key changes is to modify the existing exception to the indebtedness covenant.

It permits an aggregate of up to $100 million in debt existing with respect to newly acquired restricted subsidiaries, which is as well as debt and capital lease obligations incurred to acquire assets to also include unsecured debt within the $100 million basket.

The prior $10 million basket allowed under the indebtedness covenant for debt of foreign subsidiaries has been increased to $50 million.

The modification adds an exception to the liens covenant permitting liens securing debt of foreign subsidiaries up to an aggregate $50 million.

The general exception to the liens covenant permitting liens of up to the greater of $35 million and 3% of consolidated net tangible assets has been modified too.

The aggregate permitted amount has been increased to 12% of consolidated net tangible assets.

Also modified is the existing exception to the investment’s covenant limiting investments in entities that are not guarantors of the credit agreement.

The limitation is removed for foreign subsidiaries that are or will be restricted subsidiaries under the credit agreement.

The cumulative net income basket used to determine permitted distributions and certain permitted investments has been changed by moving the start date.

Instead of the calculation of cumulative net income being July 1, 2011, it is instead January 1, 2010.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

Mining Magazine Intelligence: Future Fleets Report 2025

MMI Future Fleets Report 2025 looks at how companies are using alternative energy sources to cut greenhouse gas emmissions

editions

Mining Magazine Intelligence: Automation and Digitalisation Report 2024

Exclusive research for Mining Magazine Intelligence Automation and Digitalisation Report 2024 shows mining companies are embracing cutting-edge tech

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Magazine Intelligence Exploration Report 2024 (feat. Opaxe data)

A comprehensive review of exploration trends and technologies, highlighting the best intercepts and discoveries and the latest initial resource estimates.