Peabody Energy Corporation (BTU)

[ErnieBilco]

as well as risks and uncertainties relating to the Chapter 11 Cases, including, but not limited to: • Peabody Energy’s ability to obtain bankruptcy court approval with respect to motions or other requests made to the bankruptcy court in connection
with the Chapter 11 Cases, including maintaining strategic control as debtor-in-possession; • Peabody Energy’s ability to negotiate, develop, confirm and consummate the Plan; • the effects of the Chapter 11 Cases on Peabody Energy’s operations, including customer, supplier, banking, insurance and other relationships and
agreements; • bankruptcy court rulings in the Chapter 11 Cases as well as the outcome of all other pending litigation and the outcome of the Chapter 11 Cases in
general; • the length of time that Peabody Energy will operate under Chapter 11 protection and the continued availability of operating capital during the
pendency of the proceedings; • risks associated with third-party motions in the Chapter 11 Cases, which may interfere with Peabody Energy’s ability to confirm and consummate a
plan of reorganization and restructuring generally; • increased advisory costs to execute a plan of reorganization; • the impact of the New York Stock Exchange’s delisting of Peabody Energy’s common stock on the liquidity and market price of Peabody Energy’s
common stock and on Peabody Energy’s ability to access the public capital markets; • the likelihood that Peabody Energy’s common stock will be cancelled and extinguished upon confirmation of a proposed plan of reorganization with
no payments made to the holders of Peabody Energy’s common stock; • the volatility of the trading price of Peabody Energy’s common stock and the absence of correlation between any increases in the trading price and
Peabody Energy’s expectation that the common stock will be cancelled and extinguished upon confirmation of a proposed plan of reorganization with
no payments made to the holders of Peabody Energy’s common stock;
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• Peabody Energy’s ability to continue as a going concern including its ability to confirm a plan of reorganization that restructures Peabody Energy’s
debt obligations to address liquidity issues and allows emergence from the Chapter 11 Cases; • the risk that the Plan may not be accepted or confirmed, in which case there can be no assurance that the Chapter 11 Cases will continue rather than be
converted to chapter 7 liquidation cases or that any alternative plan of reorganization would be on terms as favorable to holders of claims and interests
as the terms of the Plan; • Peabody Energy’s ability to use cash collateral; • the effect of the Chapter 11 Cases on Peabody Energy’s relationships with third parties, regulatory authorities and employees; • the potential adverse effects of the Chapter 11 Cases on Peabody Energy’s liquidity, results of operations, or business prospects; • Peabody Energy’s ability to execute its business and restructuring plan; • increased administrative and legal costs related to the Chapter 11 Cases and other litigation and the inherent risks involved in a bankruptcy process; • the cost, availability and access to capital and financial markets, including the ability to secure new financing after emerging from the Chapter 11
Cases; • the risk that the Chapter 11 Cases will disrupt or impede Peabody Energy’s international operations, including its business operations in Australia;
and other risks and uncertainties. Forward-looking statements made by Peabody Energy in this Current Report, or elsewhere, speak only as of the date on which the
statements were made. New risks and uncertainties arise from time to time, and it is not possible for Peabody Energy to predict all of these events or how they may
affect it or its anticipated results. Peabody Energy does not undertake any obligation to publicly update any forward-looking statements except as may be required
by law. In light of these risks and uncertainties, readers should keep in mind that the events referenced by any forward-looking statements made in this Current
Report may not occur and should not place undue reliance on any forward-looking statements.