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ACI » Topics » Cautionary Statements Regarding Forward-Looking Information

This excerpt taken from the ACI 10-K filed Mar 1, 2010.
CAUTIONARY STATEMENTS REGARDING FORWARD-LOOKING INFORMATION
 
This document contains “forward-looking statements” — that is, statements related to future, not past, events. In this context, forward-looking statements often address our expected future business and financial performance, and often contain words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “predicts,” “projects,” “seeks,” “should,” “will” or other comparable words and phrases. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. We believe that the factors that could cause our actual results to differ materially include the factors that we describe under the heading “Risk Factors.” Those risks and uncertainties include but are not limited to the following:
 
  •  market demand for coal and electricity;
 
  •  geologic conditions, weather and other inherent risks of coal mining that are beyond our control;
 
  •  competition within our industry and with producers of competing energy sources;
 
  •  excess production and production capacity;
 
  •  our ability to acquire or develop coal reserves in an economically feasible manner;
 
  •  inaccuracies in our estimates of our coal reserves;
 
  •  availability and price of mining and other industrial supplies;
 
  •  availability of skilled employees and other workforce factors;
 
  •  disruptions in the quantities of coal produced by our contract mine operators;
 
  •  our ability to collect payments from our customers;
 
  •  defects in title or the loss of a leasehold interest;
 
  •  railroad, barge, truck and other transportation performance and costs;
 
  •  our ability to successfully integrate the operations that we acquire;
 
  •  our ability to secure new coal supply arrangements or to renew existing coal supply arrangements;
 
  •  our relationships with, and other conditions affecting, our customers;
 
  •  the deferral of contracted shipments of coal by our customers;
 
  •  our ability to service our outstanding indebtedness;
 
  •  our ability to comply with the restrictions imposed by our credit facility and other financing arrangements;
 
  •  the availability and cost of surety bonds;
 
  •  failure by Magnum Coal Company, which we refer to as Magnum, a subsidiary of Patriot Coal Corporation, to satisfy certain below-market contracts that we guarantee;
 
  •  our ability to manage the market and other risks associated with certain trading and other asset optimization strategies;
 
  •  terrorist attacks, military action or war;
 
  •  environmental laws, including those directly affecting our coal mining operations and those affecting our customers’ coal usage;
 
  •  our ability to obtain and renew mining permits;
 
  •  future legislation and changes in regulations, governmental policies and taxes, including those aimed at reducing emissions of elements such as mercury, sulfur dioxides, nitrogen oxides, particulate matter or greenhouse gases;

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  •  the accuracy of our estimates of reclamation and other mine closure obligations;
 
  •  the existence of hazardous substances or other environmental contamination on property owned or used by us; and
 
  •  the availability of future permits authorizing the disposition of certain mining waste.
 
These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements included in this document. These risks and uncertainties, as well as other risks of which we are not aware or which we currently do not believe to be material, may cause our actual future results to be materially different than those expressed in our forward-looking statements. We do not undertake to update our forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required by law.

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These excerpts taken from the ACI 10-K filed Feb 27, 2009.
Cautionary Statements Regarding Forward-Looking Information
 
This document contains “forward-looking statements” — that is, statements related to future, not past, events. In this context, forward-looking statements often address our expected future business and financial performance, and often contain words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “predicts,” “projects,” “seeks,” “should,” “will” or other comparable words and phrases. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. We believe that the factors that could cause our actual results to differ materially include the factors that we describe under the heading “Risk Factors” beginning on page 30. Those risks and uncertainties include but are not limited to the following:
 
  •  market demand for coal and electricity;
 
  •  geologic conditions, weather and other inherent risks of coal mining that are beyond our control;
 
  •  competition within our industry and with producers of competing energy sources;
 
  •  excess production and production capacity;
 
  •  our ability to acquire or develop coal reserves in an economically feasible manner;
 
  •  inaccuracies in our estimates of our coal reserves;
 
  •  availability and price of mining and other industrial supplies;
 
  •  availability of skilled employees and other workforce factors;
 
  •  disruptions in the quantities of coal produced by our contract mine operators;
 
  •  our ability to collect payments from our customers;
 
  •  defects in title or the loss of a leasehold interest;
 
  •  railroad, barge, truck and other transportation performance and costs;
 
  •  our ability to successfully integrate the operations that we acquire;
 
  •  our ability to secure new coal supply arrangements or to renew existing coal supply arrangements;
 
  •  our relationships with, and other conditions affecting, our customers;
 
  •  our ability to service our outstanding indebtedness;
 
  •  our ability to comply with the restrictions imposed by our credit facility and other financing arrangements;
 
  •  the availability and cost of surety bonds;
 
  •  failure by Magnum Coal Company, which we refer to as Magnum, a subsidiary of Patriot Coal Corporation, to satisfy certain below-market contracts that we guarantee;
 
  •  our ability to manage the market and other risks associated with certain trading and other asset optimization strategies;
 
  •  terrorist attacks, military action or war;
 
  •  environmental laws, including those directly affecting our coal mining operations and those affecting our customers’ coal usage;
 
  •  our ability to obtain and renew mining permits;
 
  •  future legislation and changes in regulations, governmental policies and taxes, including those aimed at reducing emissions of elements such as mercury, sulfur dioxides, nitrogen oxides, particulate matter or greenhouse gases;
 
  •  the accuracy of our estimates of reclamation and other mine closure obligations;

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  •  the existence of hazardous substances or other environmental contamination on property owned or used by us; and
 
  •  the availability of future permits authorizing the disposition of certain mining waste.
 
These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements included in this document. These risks and uncertainties, as well as other risks of which we are not aware or which we currently do not believe to be material, may cause our actual future results to be materially different than those expressed in our forward-looking statements. We do not undertake to update our forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required by law.

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Cautionary
Statements Regarding Forward-Looking Information


 



This document contains “forward-looking
statements” — that is, statements related to
future, not past, events. In this context, forward-looking
statements often address our expected future business and
financial performance, and often contain words such as
“anticipates,” “believes,”
“could,” “estimates,” “expects,”
“intends,” “may,” “plans,”
“predicts,” “projects,” “seeks,”
“should,” “will” or other comparable words
and phrases. Forward-looking statements by their nature address
matters that are, to different degrees, uncertain. We believe
that the factors that could cause our actual results to differ
materially include the factors that we describe under the
heading “Risk Factors” beginning on page 30.
Those risks and uncertainties include but are not limited to the
following:


 
































































































































































































































































  • 
market demand for coal and electricity;
 
  • 
geologic conditions, weather and other inherent risks of coal
mining that are beyond our control;
 
  • 
competition within our industry and with producers of competing
energy sources;
 
  • 
excess production and production capacity;
 
  • 
our ability to acquire or develop coal reserves in an
economically feasible manner;
 
  • 
inaccuracies in our estimates of our coal reserves;
 
  • 
availability and price of mining and other industrial supplies;
 
  • 
availability of skilled employees and other workforce factors;
 
  • 
disruptions in the quantities of coal produced by our contract
mine operators;
 
  • 
our ability to collect payments from our customers;
 
  • 
defects in title or the loss of a leasehold interest;
 
  • 
railroad, barge, truck and other transportation performance and
costs;
 
  • 
our ability to successfully integrate the operations that we
acquire;
 
  • 
our ability to secure new coal supply arrangements or to renew
existing coal supply arrangements;
 
  • 
our relationships with, and other conditions affecting, our
customers;
 
  • 
our ability to service our outstanding indebtedness;
 
  • 
our ability to comply with the restrictions imposed by our
credit facility and other financing arrangements;
 
  • 
the availability and cost of surety bonds;
 
  • 
failure by Magnum Coal Company, which we refer to as Magnum, a
subsidiary of Patriot Coal Corporation, to satisfy certain
below-market contracts that we guarantee;
 
  • 
our ability to manage the market and other risks associated with
certain trading and other asset optimization strategies;
 
  • 
terrorist attacks, military action or war;
 
  • 
environmental laws, including those directly affecting our coal
mining operations and those affecting our customers’ coal
usage;
 
  • 
our ability to obtain and renew mining permits;
 
  • 
future legislation and changes in regulations, governmental
policies and taxes, including those aimed at reducing emissions
of elements such as mercury, sulfur dioxides, nitrogen oxides,
particulate matter or greenhouse gases;
 
  • 
the accuracy of our estimates of reclamation and other mine
closure obligations;







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  • 
the existence of hazardous substances or other environmental
contamination on property owned or used by us; and
 
  • 
the availability of future permits authorizing the disposition
of certain mining waste.


 



These factors should not be construed as exhaustive and should
be read in conjunction with the other cautionary statements
included in this document. These risks and uncertainties, as
well as other risks of which we are not aware or which we
currently do not believe to be material, may cause our actual
future results to be materially different than those expressed
in our forward-looking statements. We do not undertake to update
our forward-looking statements, whether as a result of new
information, future events or otherwise, except as may be
required by law.







Table of Contents







These excerpts taken from the ACI 10-K filed Feb 29, 2008.
Cautionary Statements Regarding Forward-Looking Information
 
This document contains “forward-looking statements” — that is, statements related to future, not past, events. In this context, forward-looking statements often address our expected future business and financial performance, and often contain words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “predicts,” “projects,” “seeks,” “should,” “will” or other comparable words and phrases. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. We believe that the factors that could cause our actual results to differ materially include the factors that we describe under the heading “Risk Factors” beginning on page 23. Those risks and uncertainties include but are not limited to the following:
 
  •  market demand for coal and electricity;
 
  •  geologic conditions, weather and other inherent risks of coal mining that are beyond our control;
 
  •  availability and price of mining and other industrial supplies;
 
  •  availability of skilled employees and other workforce factors;
 
  •  disruptions in the quantities of coal produced by our contract mine operators;
 
  •  our ability to acquire or develop coal reserves in an economically feasible manner;
 
  •  defects in title or the loss of a leasehold interest;
 
  •  railroad, barge, truck and other transportation performance and costs;
 
  •  our ability to successfully integrate the operations that we acquire;
 
  •  our ability to secure new coal supply arrangements or to renew existing coal supply arrangements;
 
  •  our relationships with, and other conditions affecting, our customers;
 
  •  our ability to service our outstanding indebtedness;
 
  •  our ability to comply with the restrictions imposed by our credit facility and other financing arrangements;
 
  •  the availability and cost of surety bonds;
 
  •  failure by Magnum Coal Company, which we refer to as Magnum, to satisfy certain below-market contracts that we guarantee;
 
  •  terrorist attacks, military action or war;
 
  •  environmental laws, including those directly affecting our coal mining operations and those affecting our customers’ coal usage;
 
  •  our ability to obtain and renew mining permits;
 
  •  future legislation and changes in regulations, governmental policies and taxes, including those aimed at reducing emissions of elements such as mercury, sulfur dioxides, nitrogen oxides, particular matter or greenhouse gases;
 
  •  the accuracy of our estimates of reclamation and other mine closure obligations;
 
  •  the existence of hazardous substances or other environmental contamination on property owned or used by us; and
 
  •  the availability of future permits authorizing the disposition of certain mining waste.
 
These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements included in this document. These risks and uncertainties may cause our actual future results to be materially different than those expressed in our forward-looking statements. We do not undertake to update our forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required by law.

Table of Contents

Cautionary
Statements Regarding Forward-Looking Information


 



This document contains “forward-looking
statements” — that is, statements related to
future, not past, events. In this context, forward-looking
statements often address our expected future business and
financial performance, and often contain words such as
“anticipates,” “believes,”
“could,” “estimates,” “expects,”
“intends,” “may,” “plans,”
“predicts,” “projects,” “seeks,”
“should,” “will” or other comparable words
and phrases. Forward-looking statements by their nature address
matters that are, to different degrees, uncertain. We believe
that the factors that could cause our actual results to differ
materially include the factors that we describe under the
heading “Risk Factors” beginning on page 23.
Those risks and uncertainties include but are not limited to the
following:


 


































































































































































































































  • 
market demand for coal and electricity;
 
  • 
geologic conditions, weather and other inherent risks of coal
mining that are beyond our control;
 
  • 
availability and price of mining and other industrial supplies;
 
  • 
availability of skilled employees and other workforce factors;
 
  • 
disruptions in the quantities of coal produced by our contract
mine operators;
 
  • 
our ability to acquire or develop coal reserves in an
economically feasible manner;
 
  • 
defects in title or the loss of a leasehold interest;
 
  • 
railroad, barge, truck and other transportation performance and
costs;
 
  • 
our ability to successfully integrate the operations that we
acquire;
 
  • 
our ability to secure new coal supply arrangements or to renew
existing coal supply arrangements;
 
  • 
our relationships with, and other conditions affecting, our
customers;
 
  • 
our ability to service our outstanding indebtedness;
 
  • 
our ability to comply with the restrictions imposed by our
credit facility and other financing arrangements;
 
  • 
the availability and cost of surety bonds;
 
  • 
failure by Magnum Coal Company, which we refer to as Magnum, to
satisfy certain below-market contracts that we guarantee;
 
  • 
terrorist attacks, military action or war;
 
  • 
environmental laws, including those directly affecting our coal
mining operations and those affecting our customers’ coal
usage;
 
  • 
our ability to obtain and renew mining permits;
 
  • 
future legislation and changes in regulations, governmental
policies and taxes, including those aimed at reducing emissions
of elements such as mercury, sulfur dioxides, nitrogen oxides,
particular matter or greenhouse gases;
 
  • 
the accuracy of our estimates of reclamation and other mine
closure obligations;
 
  • 
the existence of hazardous substances or other environmental
contamination on property owned or used by us; and
 
  • 
the availability of future permits authorizing the disposition
of certain mining waste.


 



These factors should not be construed as exhaustive and should
be read in conjunction with the other cautionary statements
included in this document. These risks and uncertainties may
cause our actual future results to be materially different than
those expressed in our forward-looking statements. We do not
undertake to update our forward-looking statements, whether as a
result of new information, future events or otherwise, except as
may be required by law.







Table of Contents







EXCERPTS ON THIS PAGE:

10-K
Mar 1, 2010
10-K (2 sections)
Feb 27, 2009
10-K (2 sections)
Feb 29, 2008

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