Filing Details
- Accession Number:
- 0000899140-16-001700
- Form Type:
- 13D Filing
- Publication Date:
- 2016-11-22 16:06:07
- Filed By:
- Monarch Debt Recovery Master Fund Ltd
- Company:
- Arch Resources Inc. (NYSE:ARCH)
- Filing Date:
- 2016-11-22
- SEC Url:
- 13D Filing
Ownership Summary
Please notice the below summary table is generated without human intervention and may contain errors. Please refer to the complete filing displayed below for exact figures.
Name | Sole Voting Power | Shared Voting Power | Sole Dispositive Power | Shared Dispositive Power | Aggregate Amount Owned Power | Percent of Class |
---|---|---|---|---|---|---|
Monarch Debt Recovery Master Fund Ltd | 0 | 1,565,051 | 0 | 1,565,051 | 1,565,051 | 6.26% |
Monarch Alternative Capital | 0 | 3,308,732 | 0 | 3,308,732 | 3,308,732 | 13.23% |
MDRA GP | 0 | 3,308,732 | 0 | 3,308,732 | 3,308,732 | 13.23% |
Monarch GP | 0 | 3,308,732 | 0 | 3,308,732 | 3,308,732 | 13.23% |
Filing
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934*
(Amendment No. 1)
Arch Coal, Inc.
(Amendment No. 1)
(Name of Issuer)
Common Stock, par value $0.01
(Title of Class of Securities)
039380407
(CUSIP Number of Class of Securities)
Michael Kelly, Esq.
Monarch Alternative Capital LP
535 Madison Avenue
New York, NY 10022
Telephone: (212) 554-1700
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
Copies to:
Michael A. Schwartz, Esq.
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
(212) 728-8000
November 17, 2016
(Date of Event which Requires
Filing of this Schedule)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box: ☐
NOTE: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 240.13d-7 for other parties to whom copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934, as amended (the “Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
SCHEDULE 13D
CUSIP No. 039380407 | Page 2 of 6 Pages |
1 | NAME OF REPORTING PERSON Monarch Debt Recovery Master Fund Ltd | ||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP | (a) ☐ (b) ☒ | |||
3 | SEC USE ONLY | ||||
4 | SOURCE OF FUNDS WC | ||||
5 | CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) | ☐ | |||
6 | CITIZENSHIP OR PLACE OF ORGANIZATION Cayman Islands | ||||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER 0 | |||
8 | SHARED VOTING POWER 1,565,051 | ||||
9 | SOLE DISPOSITIVE POWER 0 | ||||
10 | SHARED DISPOSITIVE POWER 1,565,051 | ||||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON 1,565,051 | ||||
12 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES | ☐ | |||
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 6.26% | ||||
14 | TYPE OF REPORTING PERSON CO |
SCHEDULE 13D
CUSIP No. 039380407 | Page 3 of 6 Pages |
1 | NAME OF REPORTING PERSON Monarch Alternative Capital LP | ||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP | (a) ☐ (b) ☒ | |||
3 | SEC USE ONLY | ||||
4 | SOURCE OF FUNDS N/A | ||||
5 | CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) | ☐ | |||
6 | CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | ||||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER 0 | |||
8 | SHARED VOTING POWER 3,308,732 | ||||
9 | SOLE DISPOSITIVE POWER 0 | ||||
10 | SHARED DISPOSITIVE POWER 3,308,732 | ||||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON 3,308,732 | ||||
12 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES | ☐ | |||
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 13.23% | ||||
14 | TYPE OF REPORTING PERSON PN, IA |
SCHEDULE 13D
CUSIP No. 039380407 | Page 4 of 6 Pages |
1 | NAME OF REPORTING PERSON MDRA GP LLC | ||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP | (a) ☐ (b) ☒ | |||
3 | SEC USE ONLY | ||||
4 | SOURCE OF FUNDS N/A | ||||
5 | CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) | ☐ | |||
6 | CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | ||||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER 0 | |||
8 | SHARED VOTING POWER 3,308,732 | ||||
9 | SOLE DISPOSITIVE POWER 0 | ||||
10 | SHARED DISPOSITIVE POWER 3,308,732 | ||||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON 3,308,732 | ||||
12 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES | ☐ | |||
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 13.23% | ||||
14 | TYPE OF REPORTING PERSON PN, HC |
SCHEDULE 13D
CUSIP No. 039380407 | Page 5 of 6 Pages |
1 | NAME OF REPORTING PERSON Monarch GP LLC | ||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP | (a) ☐ (b) ☒ | |||
3 | SEC USE ONLY | ||||
4 | SOURCE OF FUNDS N/A | ||||
5 | CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) | ☐ | |||
6 | CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | ||||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER 0 | |||
8 | SHARED VOTING POWER 3,308,732 | ||||
9 | SOLE DISPOSITIVE POWER 0 | ||||
10 | SHARED DISPOSITIVE POWER 3,308,732 | ||||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON 3,308,732 | ||||
12 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES | ☐ | |||
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 13.23% | ||||
14 | TYPE OF REPORTING PERSON OO, HC |
This Amendment No. 1 to Schedule 13D (this “Amendment No. 1”) is being filed with respect to the common shares, par value $0.01 per share (“Common Stock”), of Arch Coal, Inc. (the “Issuer”), to amend the Schedule 13D filed on October 17, 2016 (together with this Amendment No. 1, the “Schedule 13D”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Schedule 13D.
Item 6. | Contracts, Arrangements, Understandings or Relationships With Respect to Securities of the Issuer. |
On November 17, 2016, the Issuer, on one hand, and Monarch Alternative Solutions Master Fund Ltd, Monarch Capital Master Partners III LP, MCP Holdings Master LP, Monarch Debt Recovery Master Fund Ltd, and P Monarch Recovery Ltd on the other hand (the “Shareholders”) entered into a Registration Rights Agreement (the “Registration Rights Agreement”) which provides that the Shareholders are entitled to certain demand or “piggyback” registration rights for the resale of their Common Stock.
The terms of the Registration Rights Agreement, a copy of which is filed herewith as Exhibit 99.1, are incorporated herein by reference.
Item 7. Material to be Filed as Exhibits
99.1 | Registration Rights Agreement, dated November 17, 2016, incorporated by reference to Exhibit 10.1 to the Current Report of Arch Coal, Inc. on Form 8-K filed November 21, 2016. |
[Signatures on following page]
SIGNATURES
After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct.
Dated: November 22, 2016 | MONARCH DEBT RECOVERY MASTER FUND LTD | |||
By: Monarch Alternative Capital LP, its Investment Manager | ||||
By: MDRA GP, its General Partner | ||||
By: Monarch GP LLC, its General Partner | ||||
By: | /s/ Michael Weinstock | |||
Name: Michael Weinstock | ||||
Title: Member | ||||
Dated: November 22, 2016 | MONARCH ALTERNATIVE CAPITAL LP | |||
By: MDRA GP LP, its General Partner | ||||
By: Monarch GP LLC, its General Partner | ||||
By: | /s/ Michael Weinstock | |||
Name: Michael Weinstock | ||||
Title: Member | ||||
Dated: November 22, 2016 | MDRA GP LP | |||
By: Monarch GP LLC, its General Partner | ||||
By: | /s/ Michael Weinstock | |||
Name: Michael Weinstock | ||||
Title: Member | ||||
Dated: November 22, 2016 | MONARCH GP LLC | ||
By: | /s/ Michael Weinstock | ||
Name: Michael Weinstock | |||
Title: Member |