1 unchanged sentence
The Company operates in a rapidly changing environment that involves a number of risks.
−Removed: For information regarding factors that could affect the Company’s results of operations, financial condition and liquidity, see the risk factors disclosed in Item 1A.
+Added: The risk factor set forth below is in addition to the risk factors previously disclosed in Item 1A.
“Risk Factors” of Part I of its Annual Report on Form 10-K for the year ended December 31, 2024 filed with the SEC on February 20, 2025 and Item 1A.
“Risk Factors” of Part II of its Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2025 filed with the SEC on May 8, 2025.
+Added: Arbitration proceedings related to the termination of agreements to acquire properties from Anglo American plc could adversely affect the Company’s business, results of operations, and its financial condition.
+Added: As previously disclosed, on August 19, 2025, Peabody terminated the Purchase Agreements for the planned acquisition of Anglo’s metallurgical coal portfolio in Australia.
+Added: The termination of the Purchase Agreements followed Peabody’s prior delivery of a notice of a MAC as a result of an ignition event at the Moranbah North mine on March 31, 2025, which had led to the closure of the mine.
+Added: Following Peabody’s termination of the Purchase Agreements, Anglo returned $29.0 million of the $75.0 million deposit previously paid by Peabody, and Peabody has demanded the outstanding portion of the deposit also be returned.
+Added: On September 23, 2025, various subsidiaries of Anglo initiated International Chamber of Commerce arbitration proceedings in London, United Kingdom, against Peabody and certain of its affiliates.
+Added: Anglo’s complaint alleges, among other things, that Peabody wrongfully terminated the Purchase Agreements and seeks, among other things, declarations that the ignition event at the Moranbah North mine did not constitute a MAC, as well as damages for losses in an unspecified amount, plus costs and interest.
+Added: The outcome of these proceedings is inherently uncertain and may materially and adversely affect the Company’s business, results of operations, or its financial condition.
+Added: While the Company remains confident that a MAC occurred, entitling the Company to terminate the Purchase Agreements, arbitration outcomes are unpredictable and may include monetary damages or other remedies unfavorable to us.
+Added: Additionally, the costs associated with the arbitration process, including legal fees and potential settlement or award payments, could be significant.
+Added: There can be no assurance as to the timing or final resolution of the arbitration proceedings.
+Added: For information regarding other factors that could affect the Company’s results of operations, financial condition and liquidity, see the risk factors disclosed in Item 1A.
+Added: “Risk Factors” of Part I of its Annual Report on Form 10-K for the year ended December 31, 2024 filed with the SEC on February 20, 2025 and Item 1A.
+Added: “Risk Factors” of Part II of its Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2025 filed with the SEC on May 8, 2025.
In addition to the other information set forth in this Quarterly Report, including the information presented in Part I, Item 2.
35 unchanged sentences
• acquisitions and divestitures are a potentially important part of the Company’s long-term strategy, subject to its investment criteria, and involve a number of risks, any of which could cause the Company not to realize the anticipated benefits;
+Added: • arbitration proceedings related to the termination of agreements to acquire properties from Anglo American plc could adversely affect the Company’s business, results of operations, and its financial condition;
• the Company may not be able to fully utilize its deferred tax assets;
3 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.