Legal Notices

UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA Case No.: 2:24-bk-20079 Chapter 11 IN RE: BEN’S CREEK OPERATIONS WV, LLC, et al., Debtors.1 NOTICE OF AUCTION FOR THE SALE OF THE DEBTORS’ ASSETS PLEASE TAKE NOTICE that on August 7, 2024, the United States Bankruptcy Court for the Southern District of West Virginia (the “Court”) entered the Order (I) Approving Bidding Procedures for the Sale of the Debtors’ Assets, (II) Scheduling Hearings and Objection Deadlines with Respect to the Sale (III) Scheduling Bid Deadlines and an Auction, (IV) Approving the Form and Manner of Notice Thereof, (V) Approving Contract Assumption and Assignment Procedures, and (VI) Granting Related Relief Docket No. 390 (the “Bidding Procedures Order”),2 authorizing the above-captioned debtors and debtors in possession (collectively, the “Debtors”) to conduct an auction (the “Auction”) to select the party or parties to purchase the Debtors’ assets. The Auction will be governed by the bidding procedures approved pursuant to the Bidding Procedures Order (attached to the Bidding Procedures Order as Exhibit 1, the “Bidding Procedures”). Copies of the Bidding Procedures Order, the Bidding Procedures, or other documents related thereto are available upon request to Debtors’ financial advisor by calling 917-650-2968 (United States and Canada) or email to: [email protected]. PLEASE TAKE FURTHER NOTICE that the Bid Deadline is August 23, 2024, at 5:00 p.m. (prevailing Eastern Standard Time), and that any person or entity who wishes to participate in the Auction must comply with the participation requirements, bid requirements, and other requirements set forth in the Bidding Procedures. PLEASE TAKE FURTHER NOTICE that the Debtors intend to conduct the Auction, at which they will consider proposals submitted to the Debtors and their professionals, by and pursuant to the Bidding Procedures as set forth in the Bidding Procedures Order, on August 28, 2024, at 10:00 a.m. (prevailing Eastern Standard Time), at the offices of Flaherty, Sensabaugh & Bonasso, PLLC, 200 Capitol Street, Charleston, WV 25301. PLEASE TAKE FURTHER NOTICE that the Debtors reserve the right to modify the Bidding Procedures, in their reasonable business judgment in accordance with the Bidding Procedures. 1 An order has been entered in this case directing the procedural consolidation and joint administration of the chapter 11 cases of Ben’s Creek Operations WV, LLC (Case no. 24-20079); Ben’s Creek Carbon, LLC (Case no. 24-20078); and Ben’s Creek Land WV, LLC (Case no. 24-20077). All further pleadings and other papers shall be filed in, and all further docket entries shall be made in, the chapter 11 case of Ben’s Creek Operations WV, LLC Case No. 2:24-bk-20079. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the BiddingProcedures Order or the Bidding Procedures, as applicable. PLEASE TAKE FURTHER NOTICE that September 9, 2024, at 11:00 a.m. (prevailing Eastern Standard Time) at Bankruptcy Courtroom B, 6th Floor, Robert C. Byrd Federal Courthouse, 300 Virginia Street East, Charleston, WV 25301 or as soon thereafter as the Debtors may be heard, shall be the date and time for the hearing at which the Court will consider approval of the Sale (the “Sale Hearing”), and parties in interest may file objections to the sale no later than September 3, 2024. LC-178757 08-15,22;2024