Attached files
file | filename |
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EX-99.3 - PRESENTATION - James River Coal CO | jrcc_8k-ex9903.htm |
EX-99.2 - James River Coal CO | jrcc_8k-ex9902.htm |
EX-99.1 - James River Coal CO | jrcc_8k-ex9901.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date
of Report (Date of earliest event reported)
|
February
26, 2010
|
JAMES
RIVER COAL COMPANY
(Exact
Name of Registrant as Specified in Charter)
Virginia
|
000-51129
|
54-1602012
|
||
(State
or Other Jurisdiction
of
Incorporation)
|
(Commission
File
Number)
|
(IRS
Employer
Identification
No.)
|
901
E. Byrd Street, Suite 1600, Richmond, Virginia
|
23219
|
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
Registrant’s
telephone number, including area code:
|
(804)
780-3000
|
Not
Applicable
(Former Name or Former Address, if Changed Since Last Report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General
Instruction A.2. below):
o |
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
o
|
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
|
ITEM
2.02
|
RESULTS
OF OPERATIONS AND FINANCIAL
CONDITION
|
The
Company today issued a press release, attached as Exhibit 99.1 hereto, regarding
its results of operations for the fourth quarter and fiscal year ended December
31, 2009.
ITEM
7.01
|
REGULATION
FD DISCLOSURE
|
The
Company issued a second press release today, attached as Exhibit 99.2 hereto,
discussing financial guidance for 2010. The Company will hold a
conference call today regarding its results of operations for the fourth quarter
and fiscal year ended December 31, 2009. Materials to be discussed in
the conference call are attached as Exhibit 99.3 hereto.
The
information in this report (including Exhibits 99.1, 99.2 and 99.3) is
being furnished pursuant to Items 2.02 and 7.01 of Form 8-K and shall not be
deemed to be filed for purposes of Section 18 of the Securities and
Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise be subject
to the liabilities of that section, nor shall it be deemed to be incorporated by
reference in any filing under the Securities Act of 1933, as amended, or the
Exchange Act.
FORWARD-LOOKING
STATEMENTS: Certain statements in this Form 8-K are “forward-looking
statements” within the meaning of the federal securities
laws. Statements regarding future events and developments and the
future performance of the Company, as well as management’s expectations,
beliefs, plans, estimates or projections relating to the future, are
forward-looking statements within the meaning of these laws. These
forward-looking statements are subject to a number of risks and
uncertainties. These risks and uncertainties include, but are not
limited to, the following: changes in the demand for coal by electric utility
customers; the loss of one or more of our largest customers; inability to secure
new coal supply agreements or to extend existing coal supply agreements at
market prices; failure to diversify our operations; failure to exploit
additional coal reserves; the risk that reserve estimates are inaccurate;
increased capital expenditures; encountering difficult mining conditions;
increased costs of complying with mine health and safety regulations; our
dependency on one railroad for transportation of a large percentage of our
products; bottlenecks or other difficulties in transporting coal to our
customers; delays in the development of new mining projects; increased costs of
raw materials; lack of availability of financing sources; our compliance with
debt covenants; the effects of litigation, regulation and competition; and the
other risks detailed in our reports filed with the Securities and Exchange
Commission (SEC). The Company’s management believes that these
forward-looking statements are reasonable; however, you should not place undue
reliance on such statements. These statements are based on current
expectations and speak only as of the date of such statements. The
Company undertakes no obligation to publicly update or revise any
forward-looking statement, whether as a result of future events, new information
or otherwise.
ITEM
9.01
|
FINANCIAL
STATEMENTS AND EXHIBITS
|
(d) Exhibits.
Exhibit
No.
|
Description
|
99.1
|
Press
release dated February 26, 2010 regarding fourth quarter
earnings
|
99.2
|
Press
release dated February 26, 2010 regarding 2010 guidance
|
99.3
|
Discussion
materials for February 26, 2010 conference
call
|
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
JAMES
RIVER COAL COMPANY
(Registrant)
By: /s/ Samuel
M. Hopkins II
Samuel
M. Hopkins II
Vice
President and Chief Accounting
Officer
|
Date: February
26, 2010