Cloud Peak Energy’s Chapter 11 Filing
Davis Polk is advising an ad hoc group of secured noteholders in connection with the chapter 11 cases of Cloud Peak Energy Inc. and certain of its affiliates (the “Company”). Leading up to the debtors’ bankruptcy filings, Davis Polk played a critical role in negotiating a sale and plan support agreement among the Company and the ad hoc group and a $35 million debtor-in-possession credit facility to be provided by members of the ad hoc group to fund the Company’s ongoing operations and anticipated sale process during the chapter 11 cases. The members of the ad hoc group hold approximately 62% percent of the Company’s prepetition secured notes.
In addition, Davis Polk is also advising Ankura Trust Company, LLC as administrative and collateral agent under the debtor-in-possession credit facility.
Cloud Peak Energy Inc. is a publicly traded Wyoming-based coal producer. The Company’s corporate headquarters is located in Gillette, Wyoming.
The Davis Polk restructuring team includes partner Damian S. Schaible, counsel Christian Fischer and associates Christopher Robertson, Aryeh Ethan Falk, Donny Ariel, Samuel A. Wagreich and Rachel M. Feldstein. The finance team includes partner Monica Holland and associates David J. Kennedy and Stephanie S. Hong. All members of the Davis Polk team are based in the New York office.
Morris, Nichols, Arsht & Tunnell LLP serves as Delaware counsel to the ad hoc group and Ankura Trust Company, LLC. Houlihan Lokey, Inc. also serves as financial adviser to the ad hoc group.