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Other Short-Term and Long-Term Obligations
3 Months Ended
Mar. 31, 2013
Other Short-Term and Long-Term Obligations  
Other Short-Term and Long-Term Obligations

7.  Other Short-Term and Long-Term Obligations

 

Federal Coal Lease Obligations

 

Federal coal lease obligations consisted of (in thousands): 

 

 

 

March 31,

 

December 31,

 

 

 

2013

 

2012

 

Federal coal lease obligations, current

 

$

63,191

 

$

63,191

 

Federal coal lease obligations, noncurrent

 

122,928

 

122,928

 

Total federal coal lease obligations

 

$

186,119

 

$

186,119

 

 

Our federal coal lease obligations, as reflected in the consolidated balance sheets, consist of obligations payable to the Bureau of Land Management of the U.S. Department of the Interior (the “BLM”) discounted at an imputed interest rate.  Imputed interest is included in accrued expenses.

 

We have federal coal lease payments, as follows (dollars in thousands):

 

 

 

 

 

 

 

March 31, 2013

 

December 31, 2012

 

 

 

Annual

 

Imputed

 

Carrying

 

Fair

 

Carrying

 

Fair

 

Payment Dates

 

Payment

 

Interest Rate

 

Value

 

Value(1)

 

Value

 

Value(1)

 

May 1, 2009 — 2013

 

$

9,620

 

8.70

%

$

8,852

 

$

9,602

 

$

8,852

 

$

9,532

 

July 1, 2011 — 2015

 

$

59,545

 

8.50

%

152,078

 

173,407

 

152,078

 

171,075

 

September 1, 2011 — 2015

 

$

9,862

 

8.50

%

25,189

 

28,437

 

25,189

 

28,196

 

 

 

 

 

 

 

$

186,119

 

$

211,446

 

$

186,119

 

$

208,803

 

 

(1)                                 The fair value of estimates for federal coal lease obligations were determined by discounting the remaining lease payments using the then current estimate of the credit-adjusted, risk-free rate based on our then current credit rating, which are considered Level 2 in the fair value hierarchy.

 

Future payments on federal coal leases are as follows (in thousands):

 

Year Ended December 31,

 

 

 

2013

 

$

79,027

 

2014

 

69,407

 

2015

 

69,407

 

Total

 

217,841

 

Less: imputed interest

 

31,722

 

Total principal payments

 

186,119

 

Less: current portion

 

63,191

 

Long-term federal coal leases payable

 

$

122,928

 

 

Accounts Receivable Securitization

 

On February 11, 2013, we executed an Accounts Receivable Securitization Facility (“A/R Securitization Program”) with capacity of up to $75 million.  CPE Resources and certain of our subsidiaries are parties to the A/R Securitization Program.  In January 2013, we formed CPE Receivables LLC (the “SPE”), a special purpose, bankruptcy-remote wholly-owned subsidiary to purchase, subject to certain exclusions, in a true sale, trade receivables generated by certain of our subsidiaries without recourse (other than customary indemnification obligations for breaches of specific representations and warranties), and then transfer undivided interests in up to $75 million of those accounts receivable to a financial institution for cash borrowings for our ultimate benefit.  The total aggregate borrowings and letters of credit are limited by eligible accounts receivable, as defined under the terms of the A/R Securitization Program.  At March 31, 2013, the A/R Securitization Program would have allowed for $51.8 million of borrowing capacity.  There were no borrowings from the A/R Securitization Program at March 31, 2013.  The SPE is consolidated into our financial statements.

 

Amended Credit Agreement

 

On January 18, 2013, CPE Resources entered into Amendment No. 2 to the Amended Credit Agreement and Amendment No. 1 to the Security Agreement, which provides for amendments to allow for the release of certain types of liens, among other things.

 

The Amended Credit Agreement establishes a commitment to provide us with a $500 million senior secured revolving credit facility, which can be used to borrow funds or issue letters of credit.  The financial covenants in the Amended Credit Agreement are based on EBITDA (which is defined in the Amended Credit Agreement and is not the same as EBITDA or Adjusted EBITDA otherwise presented), requiring us to maintain defined minimum levels of interest coverage and providing for a limitation on our leverage ratio.  If our EBITDA were to decline and we were unable to negotiate an amendment with the bank group, our actual borrowing capacity under the Amended Credit Agreement may be reduced.  Subject to the satisfaction of certain conditions, we may elect to increase the size of the revolving credit facility and/or request the addition of one or more new tranches of term loans in a combined amount of up to $200 million.  Our obligations under the credit facility are secured by substantially all of CPE Resources’s assets and substantially all of the assets of certain of CPE Resources’s subsidiaries, subject to certain permitted liens and customary exceptions for similar coal financings.  Our obligations under the credit facility are also supported by a guarantee by CPE Resources’s domestic restricted subsidiaries.  The credit facility matures on June 3, 2016.  As of March 31, 2013, no cash borrowings were outstanding under the credit facility.