ACI » Topics » Federal or state regulatory agencies have the authority to order certain of our mines to be temporarily or permanently closed under certain circumstances, which could materially and adversely affect our ability to meet our customers demands.

This excerpt taken from the ACI 10-K filed Mar 1, 2010.
Federal or state regulatory agencies have the authority to order certain of our mines to be temporarily or permanently closed under certain circumstances, which could materially and adversely affect our ability to meet our customers’ demands.
 
Federal or state regulatory agencies have the authority under certain circumstances following significant health and safety incidents, such as fatalities, to order a mine to be temporarily or permanently closed. If this occurred, we may be required to incur capital expenditures to re-open the mine. In the event that these agencies order the closing of our mines, our coal sales contracts generally permit us to issue force majeure notices which suspend our obligations to deliver coal under these contracts. However, our customers may challenge our issuances of force majeure notices. If these challenges are successful, we may have to purchase coal from third-party sources, if it is available, to fulfill these obligations, incur capital expenditures to re-open the mines and/or negotiate settlements with the customers, which may include price reductions, the reduction of commitments or the extension of time for delivery or terminate customers’ contracts. Any of these actions could have a material adverse effect on our business and results of operations.
 
These excerpts taken from the ACI 10-K filed Feb 27, 2009.
Federal or state regulatory agencies have the authority to order certain of our mines to be temporarily or permanently closed under certain circumstances, which could materially and adversely affect our ability to meet our customers’ demands.
 
Federal or state regulatory agencies have the authority under certain circumstances following significant health and safety incidents, such as fatalities, to order a mine to be temporarily or permanently closed. If this occurred, we may be required to incur capital expenditures to re-open the mine. In the event that these agencies


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order the closing of our mines, our coal sales contracts generally permit us to issue force majeure notices which suspend our obligations to deliver coal under these contracts. However, our customers may challenge our issuances of force majeure notices. If these challenges are successful, we may have to purchase coal from third-party sources, if it is available, to fulfill these obligations, incur capital expenditures to re-open the mines and/or negotiate settlements with the customers, which may include price reductions, the reduction of commitments or the extension of time for delivery or terminate customers’ contracts. Any of these actions could have a material adverse effect on our business and results of operations.
 
Federal
or state regulatory agencies have the authority to order certain
of our mines to be temporarily or permanently closed under
certain circumstances, which could materially and adversely
affect our ability to meet our customers’
demands.



 



Federal or state regulatory agencies have the authority under
certain circumstances following significant health and safety
incidents, such as fatalities, to order a mine to be temporarily
or permanently closed. If this occurred, we may be required to
incur capital expenditures to re-open the mine. In the event
that these agencies





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Table of Contents






order the closing of our mines, our coal sales contracts
generally permit us to issue force majeure notices which
suspend our obligations to deliver coal under these contracts.
However, our customers may challenge our issuances of force
majeure
notices. If these challenges are successful, we may
have to purchase coal from third-party sources, if it is
available, to fulfill these obligations, incur capital
expenditures to re-open the mines
and/or
negotiate settlements with the customers, which may include
price reductions, the reduction of commitments or the extension
of time for delivery or terminate customers’ contracts. Any
of these actions could have a material adverse effect on our
business and results of operations.


 




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