ACI » Topics » The loss of, or significant reduction in, purchases by our largest customers could adversely affect our profitability.

This excerpt taken from the ACI 10-K filed Mar 1, 2010.
The loss of, or significant reduction in, purchases by our largest customers could adversely affect our profitability.
 
For the year ended December 31, 2009, we derived approximately 23% of our total coal revenues from sales to our three largest customers and approximately 48% of our total coal revenues from sales to our ten largest customers. We expect to renew, extend or enter into new long-term coal supply agreements with those and other customers. However, we may be unsuccessful in obtaining long-term coal supply agreements with those customers, and those customers may discontinue purchasing coal from us. If any of those customers, particularly any of our three largest customers, was to significantly reduce the quantities of coal it purchases from us, or if we are unable to sell coal to those customers on terms as favorable to us as the terms under our current long-term coal supply agreements, our profitability could suffer significantly. We have limited protection during adverse economic conditions and may face economic penalties if we are unable to satisfy certain quality specifications under our long-term coal supply agreements.
 
Our long-term coal supply agreements typically contain force majeure provisions allowing the parties to temporarily suspend performance during specified events beyond their control. Most of our long-term coal supply agreements also contain provisions requiring us to deliver coal that satisfies certain quality specifications, such as heat value, sulfur content, ash content, hardness and ash fusion temperature. These provisions in our long-term coal supply agreements could result in negative economic consequences to us, including price adjustments, purchasing replacement coal in a higher-priced open market, the rejection of deliveries or, in the extreme, contract termination. Our profitability may be negatively affected if we are unable to seek protection during adverse economic conditions or if we incur financial or other economic penalties as a result of these provisions of our long-term supply agreements.
 
These excerpts taken from the ACI 10-K filed Feb 27, 2009.
The loss of, or significant reduction in, purchases by our largest customers could adversely affect our profitability.
 
For the year ended December 31, 2008, we derived approximately 24% of our total coal revenues from sales to our three largest customers and approximately 48% of our total coal revenues from sales to our ten largest customers. We expect to renew, extend or enter into new long-term coal supply agreements with those and other customers. However, we may be unsuccessful in obtaining long-term coal supply agreements with those customers, and those customers may discontinue purchasing coal from us. If any of those customers, particularly any of our three largest customers, was to significantly reduce the quantities of coal it purchases from us, or if we are unable to sell coal to those customers on terms as favorable to us as the terms under our current long-term coal supply agreements, our profitability could suffer significantly. We have limited protection during adverse economic conditions and may face economic penalties if we are unable to satisfy certain quality specifications under our long-term coal supply agreements.
 
Our long-term coal supply agreements typically contain force majeure provisions allowing the parties to temporarily suspend performance during specified events beyond their control. Most of our long-term coal supply agreements also contain provisions requiring us to deliver coal that satisfies certain quality specifications, such as heat value, sulfur content, ash content, hardness and ash fusion temperature. These provisions in our long-term coal supply agreements could result in negative economic consequences to us, including price adjustments, purchasing replacement coal in a higher-priced open market, the rejection of deliveries or, in the extreme, contract termination. Our profitability may be negatively affected if we are unable to seek protection during adverse economic conditions or if we incur financial or other economic penalties as a result of these provisions of our long-term supply agreements.
 
The
loss of, or significant reduction in, purchases by our largest
customers could adversely affect our
profitability.



 



For the year ended December 31, 2008, we derived
approximately 24% of our total coal revenues from sales to our
three largest customers and approximately 48% of our total coal
revenues from sales to our ten largest customers. We expect to
renew, extend or enter into new long-term coal supply agreements
with those and other customers. However, we may be unsuccessful
in obtaining long-term coal supply agreements with those
customers, and those customers may discontinue purchasing coal
from us. If any of those customers, particularly any of our
three largest customers, was to significantly reduce the
quantities of coal it purchases from us, or if we are unable to
sell coal to those customers on terms as favorable to us as the
terms under our current long-term coal supply agreements, our
profitability could suffer significantly. We have limited
protection during adverse economic conditions and may face
economic penalties if we are unable to satisfy certain quality
specifications under our long-term coal supply agreements.


 



Our long-term coal supply agreements typically contain force
majeure
provisions allowing the parties to temporarily
suspend performance during specified events beyond their
control. Most of our long-term coal supply agreements also
contain provisions requiring us to deliver coal that satisfies
certain quality specifications, such as heat value, sulfur
content, ash content, hardness and ash fusion temperature. These
provisions in our long-term coal supply agreements could result
in negative economic consequences to us, including price
adjustments, purchasing replacement coal in a higher-priced open
market, the rejection of deliveries or, in the extreme, contract
termination. Our profitability may be negatively affected if we
are unable to seek protection during adverse economic conditions
or if we incur financial or other economic penalties as a result
of these provisions of our long-term supply agreements.


 




This excerpt taken from the ACI 10-K filed Mar 1, 2007.
The loss of, or significant reduction in, purchases by our largest customers could adversely affect our profitability.
      For the year ended December 31, 2006, we derived approximately 25.3% of our total coal revenues from sales to our three largest customers, Tennessee Valley Authority, American Electric Power Company, Inc. and TUCO, Inc., and approximately 52.7% of our total coal revenues from sales to our ten largest customers. At December 31, 2006, we had coal supply agreements with those ten customers that expire at various times from 2007 to 2017. We expect to renew, extend or enter into new long-term coal supply agreements with those and other customers. However, we may be unsuccessful in obtaining long-term coal supply agreements with those customers, and those customers may discontinue purchasing coal from us. If any of those customers, particularly any of our three largest customers, was to significantly reduce the quantities of coal it purchases from us, or if we are unable to sell coal to those customers on terms as favorable to us as the terms under our current long-term coal supply agreements, our profitability could suffer significantly. We have limited protection during adverse economic conditions and may face economic penalties if we are unable to satisfy certain quality specifications under our long-term coal supply agreements.
      Our long-term coal supply agreements typically contain force majeure provisions allowing the parties to temporarily suspend performance during specified events beyond their control. Most of our long-term coal supply agreements also contain provisions requiring us to deliver coal that satisfies certain quality specifications, such as heat value, sulfur content, ash content, hardness and ash fusion temperature. These provisions in our long-term coal supply agreements could result in negative economic consequences to us, including price adjustments, purchasing replacement coal in a higher-priced open market, the rejection of deliveries or, in the extreme, contract termination. Our profitability may be negatively affected if we are unable to seek protection during adverse economic conditions or if we incur financial or other economic penalties as a result of these provisions of our long-term supply agreements.

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