0000876661-19-000326.txt : 20190411
0000876661-19-000326.hdr.sgml : 20190411
20190411145827
ACCESSION NUMBER: 0000876661-19-000326
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20190411
DATE AS OF CHANGE: 20190411
EFFECTIVENESS DATE: 20190411
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: CLOUD PEAK ENERGY INC.
CENTRAL INDEX KEY: 0001441849
STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221]
IRS NUMBER: 263088162
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-34547
FILM NUMBER: 19743634
BUSINESS ADDRESS:
STREET 1: 748 T-7 ROAD
CITY: GILLETTE
STATE: WY
ZIP: 82718
BUSINESS PHONE: 307-687-6000
MAIL ADDRESS:
STREET 1: P.O. BOX 3001
CITY: GILLETTE
STATE: WY
ZIP: 82717-3001
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE LLC
CENTRAL INDEX KEY: 0000876661
IRS NUMBER: 000000000
STATE OF INCORPORATION: NY
FILING VALUES:
FORM TYPE: 25-NSE
BUSINESS ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 212-656-2060
MAIL ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
FORMER COMPANY:
FORMER CONFORMED NAME: NEW YORK STOCK EXCHANGE INC
DATE OF NAME CHANGE: 19910628
25-NSE
1
primary_doc.xml
X0203
0000876661
NEW YORK STOCK EXCHANGE LLC
0001441849
CLOUD PEAK ENERGY INC.
001-34547
748 T-7 Road
Gillette
WY
WYOMING
82717
(307) 687-6000
Common Stock
17 CFR 240.12d2-2(b)
Kristen Braley
Analyst, Regulation
2019-04-11
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
The New York Stock Exchange ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the Common Stock (the 'Common Stock') of Cloud Peak Energy Inc. (the 'Company') from listing and registration on the Exchange at the opening of business on April 22, 2019, pursuant to the provisions of Rule 12d2-2(b) because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange.
The Exchange has determined that the Company is no longer suitable for listing based on 'abnormally low' price levels, pursuant to Section 802.01D of the Listed Company Manual.
The Exchange, on March 26, 2019, determined that the Common Stock of the Company should be suspended immediately from trading, and directed the preparation and filing with the Commission of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by phone and by letter on March 26, 2019.
Pursuant to the above authorization, a press release regarding the proposed delisting was issued and posted on the Exchange's website on March 26, 2019. Trading in the Common Stock was suspended intra-day on March 26, 2019.
The Company had a right to appeal to a Committee of the Board of Directors of the Exchange (the 'Committee') the determination to delist the Common Stock, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of the delisting determination. The Company did not file such request within the specified time period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.