Item 1.01. Entry into a Material Definitive Agreement
On
The Shares will be offered and sold pursuant to the Company's Registration
Statement on Form S-3 (File No. 333-254765), which was declared effective by the
The Sales Agreement contains customary representations, warranties and covenants by the Company, indemnification obligations of the Company, including for liabilities under the Securities Act, other obligations of the parties and termination provisions. The foregoing description of the Sales Agreement does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the Sales Agreement, a copy of which is filed as Exhibit 1.1 hereto and incorporated by reference herein.
Item 8.01. Other Events
In connection with the public offering of the Shares, the Company is filing the Sales Agreement and certain other items listed below as exhibits to this Current Report on Form 8-K for the purpose of incorporating such items into the Registration Statement. Such items filed as exhibits to this Current Report on Form 8-K are hereby incorporated into the Registration Statement by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits. Exhibit Number Description 1.1 At Market Issuance Sales Agreement, datedJune 4, 2021 , by and betweenPeabody Energy Corporation andB. Riley Securities, Inc. 5.1 Opinion ofJones Day . 23.1 Consent ofJones Day (included in Exhibit 5.1). 104 Cover Page Interactive Data File (embedded within the Inline XBRL document).
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