James River Coal Company Reports Third Quarter 2009 Operating Results

- Q-3 Earnings per Share of $0.36 Compared to ($.86) in 2008

- Q-3 Adjusted EBITDA of $33.2 Million Compared to $7.1 Million in 2008

- Cash Costs in CAPP Decline by $1.82 Per Ton Compared with Q-2 Despite Lower Production Levels

- Cash Margin in CAPP of $22.73 Per Ton Compared with $5.43 in Q-3 2008

- New Contracts for CAPP at an Average of $73.16 Per Ton and Midwest at an Average of $44.57

- Temporary Amendment to Shareholder Rights Plan to Preserve Substantial NOL Tax Assets

James River Coal Company Reports Third Quarter 2009 Operating Results

RICHMOND, Va., Nov. 3 /PRNewswire-FirstCall/ -- James River Coal Company (NASDAQ: JRCC) , a producer of steam and industrial-grade coal, today announced that it had net income of $9.8 million or $0.36 per fully diluted share for the third quarter of 2009 and net income of $54.2 million or $1.97 per fully diluted share for the nine months ended September 30, 2009. This is compared to a net loss of $21.7 million or $0.86 per fully diluted share for the third quarter of 2008 and a net loss of $62.4 million or $2.62 per fully diluted share for the nine months ended September 30, 2008.

Peter T. Socha, Chairman and Chief Executive Officer commented: "This was a relatively quiet quarter at James River Coal Company. We are continuing to post very strong financial results for our shareholders. In the operations area, we have continued to invest in both people and equipment in preparation for the next strong coal market. In the sales area, we have continued to maintain very close relationships with our domestic utility customers and international market participants. In the financial area, we have continued to strengthen our balance sheet through paying down a substantial amount of debt and starting to accumulate a cash balance. In summary, we are pleased with our results today, but we are also very busy planning and taking actions that will lead to an even better tomorrow."

FINANCIAL RESULTS

The following tables show selected operating results for the quarter ended September 30, 2009 compared to the quarter ended September 30, 2008 (in 000's except per ton amounts).


                                     Three Months Ended    Nine Months  Ended
    Total Results                       September 30,         September 30,
                                      ----------------     ------------------
                                       2009       2008       2009       2008
                                      -----      -----      -----      -----
                                      Total      Total      Total      Total
                                      -----      -----      -----      -----
    Company and contractor
     production (tons                 2,390      2,731      7,743      8,379
    Coal purchased from other
     sources (tons)                      17         30         79        227
                                         --         --         --        ---
    Total coal available to
     ship (tons)                      2,407      2,761      7,822      8,606

    Coal shipments (tons)             2,439      2,777      7,477      8,591
    Coal sales revenue             $168,320   $151,842   $532,090   $427,733
    Cost of coal sold               128,361    138,873    388,789    393,470
    Depreciation, depletion, &
     amortization                    15,572     17,158     45,967     52,000
    Gross profit (loss)              24,387     (4,189)    97,334    (17,737)
    Selling, general &
     administrative                  10,266      9,057     30,112     25,123

    Adjusted EBITDA (1)             $33,169     $7,099   $123,399    $17,774


    (1) Adjusted EBITDA is defined under "Reconciliation of Non-GAAP
        Measures" in this release.  Adjusted EBITDA is used to determine
        compliance with financial covenants in our senior secured credit
        facilities.


    Segment Results                      Three Months Ended September 30,
    ---------------                      --------------------------------
                                            2009                 2008
                                            ----                 ----

                                       CAPP    Midwest       CAPP    Midwest
                                       ----    -------       ----    -------

    Company and contractor
     production (tons)                1,606        784      1,892        839
    Coal purchased from other
     sources (tons)                      17          -         30          -
                                         --         --         --         --
    Total coal available to
     ship (tons)                      1,623        784      1,922        839

    Coal shipments (tons)             1,647        792      1,932        845
    Coal sales revenue             $141,371     26,949   $123,691     28,151
    Average sales price per ton       85.84      34.03      64.02      33.31

    Cost of coal sold              $103,946     24,415   $113,187     25,686
    Cost of coal sold per ton         63.11      30.83      58.59      30.40


    Segment Results                      Nine Months Ended September 30,
    ---------------                      -------------------------------
                                            2009                 2008
                                            ----                 ----

                                       CAPP    Midwest       CAPP    Midwest
                                       ----    -------       ----    -------

    Company and contractor
     production (tons)                5,324      2,419      6,063      2,316
    Coal purchased from other
     sources (tons)                      79          -        227          -
                                         --         --        ---         --
    Total coal available to
     ship (tons)                      5,403      2,419      6,290      2,316

    Coal shipments (tons)             5,092      2,385      6,290      2,301
    Coal sales revenue             $453,859     78,231   $353,388     74,345
    Average sales price per ton       89.13      32.80      56.18      32.31

    Cost of coal sold              $319,382     69,407   $322,549     70,921
    Cost of coal sold per ton         62.72      29.10      51.28      30.82


        Cost Bridge                            Q-2 2009 vs. Q-3 2009
        -----------                            ---------------------

                                                  CAPP     Midwest
                                                  ----     -------

        Beginning cash costs (Q-2 2009)         $64.93      29.49
        Labor and benefits                       (1.49)      0.23
        Plant repairs                                -       0.42
        Other                                    (0.33)      0.69
                                                 -----       ----
        Ending cash costs (Q-3 2009)            $63.11      30.83
                                                ======      =====

C.K. Lane, Senior Vice President and Chief Operating Officer commented: "We continue to be very pleased with our safety results. Our NFDL (Non-Fatal Days Lost) rate has been reduced 36% from the comparable period in 2008, which is well below the national average. Our Central Appalachia operations continued to perform well. We reduced our costs by $1.82 per ton compared to the second quarter while decreasing production by 81,000 tons to better manage inventories. We are continuing to make minor adjustments to our production schedules to match our contract portfolio and the needs of our customers. Beyond normal mine and train operations issues, we have not had to delay or defer any utility shipments this year. Our Illinois Basin operations had another strong quarter. Surface production was reduced from the second quarter to match shipping schedules for our customers."

LIQUIDITY AND CASH FLOW

As of September 30, 2009, the Company had available liquidity of $42.6 million calculated as follows (in millions):


    Cash and Cash Equivalents              $7.6
    Availability under the Revolver        35.0
    Drawn under the Revolver                  -
                                          -----

    Available Liquidity                   $42.6
                                          =====

The Company was in compliance with all of the covenants in its senior secured credit facilities as of September 30, 2009.

For the three months ended September 30, 2009 capital expenditures were $18.3 million.

Mr. Socha commented: "Our liquidity position and the strength of our balance sheet continues to improve dramatically. In addition to beginning to accumulate a cash balance, we have paid down our revolver by $18 million and we have reduced our trade accounts payable by approximately $5 million this year."

SALES POSITION AND MARKET COMMENTS

As of October 31, 2009, we had the following agreements to ship coal at a fixed and known price (in 000's except per ton amounts):


                                        2010 Priced
                 ------------------------------------------------------------
                 As of July 31, 2009 As of October 31, 2009      Change
                         Avg Price               Avg Price          Avg Price
                    Tons   Per Ton          Tons   Per Ton     Tons   Per Ton
    CAPP           4,782   $100.60         5,171    $98.49      389    $72.62
    ----           -----   -------         -----    ------      ---    ------
    Midwest (1)    2,642    $41.47         2,642    $41.47        -        $-
    ----------     -----    ------         -----    ------       --        --

                                        2011 Priced
                 ------------------------------------------------------------
                 As of July 31, 2009 As of October 31, 2009      Change
                         Avg Price               Avg Price          Avg Price
                    Tons   Per Ton          Tons   Per Ton     Tons   Per Ton
    CAPP           2,350   $122.51         2,389   $121.80       39    $78.57
    ----           -----   -------         -----   -------       --    ------
    Midwest (1)      375    $45.47         1,375    $44.66    1,000    $44.36
    ----------       ---    ------         -----    ------    -----    ------

                                        2012 Priced
                 ------------------------------------------------------------
                 As of July 31, 2009 As of October 31, 2009      Change
                         Avg Price               Avg Price          Avg Price
                    Tons   Per Ton          Tons   Per Ton     Tons   Per Ton
    CAPP             350   $108.31           350   $108.31        -        $-
    ----             ---   -------           ---   -------       --        --
    Midwest (1)        -        $-           500    $45.00      500     45.00
    -----------       --        --           ---    ------      ---     -----


    (1) The prices for the Midwest in 2010 are minimum base price amounts
        adjusted for projected fuel escalators.

Mr. Socha added: "We were very pleased to reach agreement for future deliveries from both our CAPP and our Midwest operations this quarter. In particular, we are beginning to see increased activity for industrial coal and flex coal that is capable of moving from the utility market to the metallurgical market. As widely reported, the market for domestic utility steam coal continues to be very soft. This is a result of high inventories and lower demand from electric utilities. While we can see a number of items that should improve the overall domestic coal market in the future, it is still very early. We continue to look for the coal market in Europe to improve in the first half of 2010 and the market in the United States to improve in late 2010 or early 2011. Our customer relationships and our contract portfolio allow us to be patient with our contracting activities."

MODIFICATION TO SHAREHOLDER RIGHTS PLAN

The Company also announced today that its Board of Directors has amended its Rights Agreement dated May 25, 2004, as amended, in order to preserve the Company's ability to utilize substantial net operating loss (NOL) carryforwards to offset future taxable income under the Internal Revenue Code. The amendment will be effective on November 3, 2009.

As of December 31, 2008, the Company had regular federal NOL carryforwards of approximately $240 million and federal alternative minimum tax (AMT) NOL carryforwards of approximately $150 million.

The Company's ability to use these tax attributes would be substantially limited if there were an "ownership change" as defined under Section 382 of the Internal Revenue Code and IRS rules. In general, an "ownership change" would be deemed to occur if there is a cumulative change of more than 50% over a rolling three year period by shareholders owning more than 5% of the total outstanding shares.

Previously under the Rights Agreement, a triggering event occurred with the acquisition of beneficial ownership of 20% of the stock of the Company. Pursuant to the amendment approved by the Board, this threshold has been lowered to 4.9 %.

The amendment exempts shareholders whose ownership exceeds 4.9 % at the effective date of the amendment so long as they do not acquire more than an additional 0.5% of the stock of the Company without the advance approval of the Company's board.

The lower threshold of 4.9 % will expire on December 5, 2010, at which time the threshold will revert to the previous level.

The amendment to the Rights Agreement is similar to tax benefit preservation plans recently adopted by numerous other public companies with significant tax attributes. The amendment is designed to protect shareholder value by safeguarding valuable tax attributes of the Company.

The amendment also expands the definition of beneficial ownership to capture all derivatives and synthetic equity positions within the definition of beneficial ownership for purposes of the Rights Agreement.

Additional information regarding the amendment will be contained in a Form 8-K and in an amendment to our Registration Statement on Form 8-A to be filed with the Securities and Exchange Commission

CONFERENCE CALL, WEBCAST AND REPLAY: The Company will hold a conference call with management to discuss the second quarter earnings on November 3, 2009 at 11:00 a.m. Eastern Time. The conference call can be accessed by dialing 877-397-0298, or through the James River Coal Company website at http://www.jamesrivercoal.com. International callers, please dial 719-325-4834. A replay of the conference call will be available on the Company's website and also by telephone, at 888-203-1112 for domestic callers. International callers, please dial 719-457-0820: pass code 7718234.

James River Coal Company mines, processes and sells bituminous steam and industrial-grade coal primarily to electric utility companies and industrial customers. The Company's mining operations are managed through six operating subsidiaries located throughout eastern Kentucky and in southern Indiana.

FORWARD-LOOKING STATEMENTS: Certain statements in this press release, and other written or oral statements made by or on behalf of us are "forward-looking statements" within the meaning of the federal securities laws. Statements regarding future events and developments and our future performance, as well as management's expectations, beliefs, plans, estimates or projections relating to the future, are forward-looking statements within the meaning of these laws. These forward-looking statements, are subject to a number of risks and uncertainties. These risks and uncertainties include, but are not limited to, the following: changes in the demand for coal by electric utility customers; the loss of one or more of our largest customers; inability to secure new coal supply agreements or to extend existing coal supply agreements at market prices; failure to diversity our operations; failure to exploit additional coal reserves; the risk that reserve estimates are inaccurate; increased capital expenditures; encountering difficult mining conditions; increased costs of complying with mine health and safety regulations; our dependency on one railroad for transportation of a large percentage of our products; bottlenecks or other difficulties in transporting coal to our customers; delays in the development of new mining projects; increased costs of raw materials; lack of availability of financing sources; our compliance with debt covenants; the effects of litigation, regulation and competition; and the other risks detailed in our reports filed with the Securities and Exchange Commission (SEC). Management believes that these forward-looking statements are reasonable; however, you should not place undue reliance on such statements. These statements are based on current expectations and speak only as of the date of such statements. We undertake no obligation to publicly update or revise any forward-looking statement, whether as a result of future events, new information or otherwise.


                                 JAMES RIVER COAL COMPANY
                                     AND SUBSIDIARIES
                                Consolidated Balance Sheets
                             (in thousands, except share data)

                                        September 30, 2009  December 31, 2008
                                        ------------------  -----------------
       Assets                                (unaudited)

    Current assets:
      Cash and cash equivalents                     $7,635              3,324
      Receivables:
        Trade                                       46,372             33,086
        Other                                          211                475
                                                       ---                ---
          Total receivables                         46,583             33,561
                                                    ------             ------
      Inventories:
        Coal                                        28,379              6,847
        Materials and supplies                      11,279              9,581
                                                    ------              -----
          Total inventories                         39,658             16,428
                                                    ------             ------
      Prepaid royalties                              5,023              2,803
      Other current assets                           5,422              5,094
                                                     -----              -----
          Total current assets                     104,321             61,210
                                                   -------             ------
    Property, plant, and equipment, at cost:
      Land                                           7,239              6,693
      Mineral rights                               230,932            229,841
      Buildings, machinery and equipment           353,560            320,982
      Mine development costs                        40,178             39,596
                                                    ------             ------
          Total property, plant, and equipment     631,909            597,112
          Less accumulated depreciation,
           depletion, and amortization             285,193            252,264
                                                   -------            -------
          Property, plant and equipment, net       346,716            344,848
    Goodwill                                        26,492             26,492
    Other assets                                    30,255             30,996
                                                    ------             ------
          Total assets                            $507,784            463,546
                                                  ========            =======


                              JAMES RIVER COAL COMPANY
                                 AND SUBSIDIARIES
                            Consolidated Balance Sheets
                         (in thousands, except share data)

                                        September 30, 2009  December 31, 2008
                                        ------------------  -----------------
    Liabilities and Shareholders' Equity       (unaudited)

    Current liabilities:
      Current maturities of long-term debt              $-             18,000
      Accounts payable                              51,947             57,068
      Accrued salaries, wages, and
       employee benefits                            10,015              6,642
      Workers' compensation benefits                 9,300              9,300
      Black lung benefits                            1,539              1,539
      Accrued taxes                                  5,729              4,457
      Other current liabilities                     16,497             19,165
                                                    ------             ------
          Total current liabilities                 95,027            116,171
                                                    ------            -------
    Long-term debt, less current maturities        150,000       150,000
    Other liabilities:
      Noncurrent portion of workers'
       compensation benefits                        48,707             46,477
      Noncurrent portion of black lung benefits     30,330             29,029
      Pension obligations                           20,097             19,693
      Asset retirement obligations                  39,370             36,409
      Other                                            586                529
                                                       ---                ---
          Total other liabilities                  139,090            132,137
                                                   -------            -------
          Total liabilities                        384,117            398,308
                                                   -------            -------

    Commitments and contingencies
    Shareholders' equity:
      Preferred stock, $1.00 par value.
       Authorized 10,000,000 shares                      -                  -
      Common stock, $.01 par value.
       Authorized 100,000,000 shares; issued and
       outstanding 27,553,964 and 27,393,493 shares
       as of September 30, 2009 and December 31,
       2008, respectively                              276                274
      Paid-in-capital                              275,431            272,366
      Accumulated deficit                         (133,555)          (187,712)
      Accumulated other comprehensive loss         (18,485)           (19,690)
                                                   -------            -------
          Total shareholders' equity               123,667             65,238
                                                   -------             ------

          Total liabilities and shareholders'
           equity                                 $507,784            463,546
                                                  ========            =======


                               JAMES RIVER COAL COMPANY
                                    AND SUBSIDIARIES
                         Consolidated Statements of Operations
                         (in thousands, except per share data)
                                        (unaudited)

                                          Three Months         Three Months
                                              Ended                Ended
                                      September 30, 2009   September 30, 2008
                                      ------------------   ------------------

    Revenues                                    $168,320              151,842
    Cost of sales:
      Cost of coal sold                          128,361              138,873
      Depreciation, depletion and amortization    15,572               17,158
        Total cost of sales                      143,933              156,031
                                                 -------              -------
        Gross profit (loss)                       24,387               (4,189)
    Selling, general and administrative
     expenses                                     10,266                9,057
        Total operating income (loss)             14,121              (13,246)
                                                  ------              -------
    Interest expense                               3,923                4,625
    Interest income                                   (5)                 (55)
    Charges associated with repayment and
     amendment of debt                                 -                4,223
    Miscellaneous income, net                        (43)                (327)
                                                     ---                 ----
        Total other expense, net                   3,875                8,466
                                                   -----                -----
        Income (loss) before income taxes         10,246              (21,712)
    Income tax expense                               438                    -
                                                     ---                    -
    Net income (loss)                             $9,808              (21,712)
                                                  ======              =======
    Earnings (loss) per common share
      Basic earnings (loss) per common share       $0.36                (0.86)
                                                   =====                =====
      Diluted earnings (loss) per common share     $0.36                (0.86)
                                                   =====                =====


                                 JAMES RIVER COAL COMPANY
                                    AND SUBSIDIARIES
                         Consolidated Statements of Operations
                         (in thousands, except per share data)
                                        (unaudited)

                                           Nine Months          Nine Months
                                              Ended                Ended
                                      September 30, 2009   September 30, 2008
                                      ------------------   ------------------

    Revenues                                    $532,090              427,733
    Cost of sales:
      Cost of coal sold                          388,789              393,470
      Depreciation, depletion and
       amortization                               45,967               52,000
        Total cost of sales                      434,756              445,470
                                                 -------              -------
        Gross profit (loss)                       97,334              (17,737)
      Selling, general and administrative
       expenses                                   30,112               25,123
        Total operating income (loss)             67,222              (42,860)
                                                  ------              -------
    Interest expense                              11,790               13,700
    Interest income                                  (55)                (317)
    Charges associated with repayment and
     amendment of debt                                 -                7,236
    Miscellaneous income, net                       (187)              (1,073)
                                                    ----               ------
        Total other expense, net                  11,548               19,546
                                                  ------               ------
        Income (loss) before income taxes         55,674              (62,406)
    Income tax expense                             1,517                    -
                                                   -----                    -
    Net income (loss)                            $54,157              (62,406)
                                                 =======              =======
    Earnings (loss) per common share
      Basic earnings (loss) per common share       $1.97                (2.62)
                                                   =====                =====
      Diluted earnings (loss) per common share     $1.97                (2.62)
                                                   =====                =====


                        JAMES RIVER COAL COMPANY AND SUBSIDIARIES
                     Condensed Consolidated Statements of Cash Flows
                                    (in thousands)
                                      (unaudited)

                                           Nine Months         Nine Months
                                              Ended               Ended
                                       September 30, 2009  September 30, 2008
                                       ------------------  ------------------
    Cash flows from operating activities:
      Net income (loss)                           $54,157             (62,406)
      Adjustments to reconcile net
       income (loss) to net cash provided
       by operating activities
        Depreciation, depletion, and
         amortization                              45,967              52,000
        Accretion of asset retirement
         obligations                                2,385               2,018
        Amortization of deferred
         financing costs                              880               1,118
        Stock-based compensation                    4,533               3,614
        Gain on sale or disposal of
         property, plant, and equipment               (24)               (163)
        Deferred tax expense                         150                   -
        Write-off of deferred financing costs           -               2,383
        Changes in operating assets and
         liabilities:
          Receivables                             (13,022)              5,661
          Inventories                             (21,096)             (3,740)
          Prepaid royalties and other
           current assets                          (2,548)             (2,033)
          Other assets                               (289)                662
          Accounts payable                         (5,121)              5,958
          Accrued salaries, wages,
           and employee benefits                    3,373               2,107
          Accrued taxes                              (269)             (1,265)
          Other current liabilities                (3,025)              6,327
          Workers' compensation benefits            2,230               1,828
          Black lung benefits                       1,301               1,027
          Pension obligations                       1,609              (1,218)
          Asset retirement obligation                (422)               (978)
          Other liabilities                            57                 161
                                                       --                 ---
            Net cash provided by
             operating activities                  70,826              13,061
                                                   ------              ------
    Cash flows from investing activities:
      Additions to property, plant,
       and equipment                              (48,651)            (59,498)
      Proceeds from sale of property,
       plant, and equipment                            61               1,108
                                                       --               -----
            Net cash used in investing
             activities                           (48,590)            (58,390)
                                                  -------             -------
    Cash flows from financing
     activities:
      Borrowings under Revolver                    12,500              21,500
      Repayments under Revolver                   (30,500)             (8,500)
      Repayment of long-term debt                       -             (22,025)
      Net proceeds from issuance of
       common stock                                     -              93,955
      Debt issuance costs                               -                (486)
      Proceeds from exercise of
       stock option                                    75                 542
                                                       --                 ---
            Net cash provided by
             (used in) financing activities       (17,925)             84,986
                                                  -------              ------
            Increase (decrease) in cash             4,311              39,657
    Cash at beginning of period                     3,324               5,413
                                                    -----               -----
    Cash at end of period                          $7,635              45,070
                                                   ======              ======


                                JAMES RIVER COAL COMPANY
                                   AND SUBSIDIARIES

                           Reconciliation of Non-GAAP Measures
                                    (in thousands)
                                      (unaudited)

EBITDA is a measure used by management to measure operating performance. We define EBITDA as net income or loss plus interest expense (net), income tax expense (benefit) and depreciation, depletion and amortization (EBITDA), to better measure our operating performance. We regularly use EBITDA to evaluate our performance as compared to other companies in our industry that have different financing and capital structures and/or tax rates. In addition, we use EBITDA in evaluating acquisition targets.

Adjusted EBITDA is the amount used in several of the covenants in our senior secured credit facilities. Adjusted EBITDA is defined as EBITDA further adjusted for certain cash and non-cash charges. Adjusted EBITDA is used to determine compliance with financial covenants and our ability to engage in certain activities such as incurring additional debt and making certain payments.

Cash margin per ton is an additional measure used by management to better measure our operating performance. Cash margin per ton is a measure to evaluate a company's profitability from produced tons sold. Cash margin per ton is defined as gross profit or loss plus depreciation, depletion and amortization divided by tons sold for the period.

EBITDA, Adjusted EBITDA and cash margin are not recognized terms under GAAP and are not an alternative to net income, operating income or any other performance measures derived in accordance with GAAP or an alternative to cash flow from operating activities as a measure of operating liquidity. Because not all companies use identical calculations, this presentation of EBITDA, Adjusted EBITDA and cash margin may not be comparable to other similarly titled measures of other companies. Additionally, EBITDA and Adjusted EBITDA are not intended to be a measure of free cash flow for management's discretionary use, as they do not reflect certain cash requirements such as tax payments, interest payments and other contractual obligations.


                          Three Months Ended           Nine Months Ended
                     --------------------------- ---------------------------
                     September 30, September 30, September 30, September 30,
                            2009          2008          2009          2008
                     ------------- ------------- ------------- -------------

    Net income (loss)       $9,808       (21,712)       54,157       (62,406)
    Income tax expense         438             -         1,517             -
    Interest expense         3,923         4,625        11,790        13,700
    Interest income             (5)          (55)          (55)         (317)
    Depreciation, depletion,
     and amortization       15,572        17,158        45,967        52,000
                            ------        ------        ------        ------
    EBITDA (before
     adjustments)          $29,736            16       113,376         2,977
                           -------            --       -------         -----
    Other adjustments
     specified in our
     current debt agreement:
      Charges associated
       with repayment
       of debt                   -         4,223             -         7,236
      Other adjustments      3,433         2,860        10,023         7,561
                             -----         -----        ------         -----
    Adjusted EBITDA        $33,169         7,099       123,399        17,774
                           =======         =====       =======        ======

    CONTACT:   James River Coal Company
               Elizabeth M. Cook
               Director of Investor Relations
               (804) 780-3000

Website: http://www.jamesrivercoal.com




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