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    Large owner Thomist Capital Management, Lp bought 97,200 shares and exercised 77,900 in-the-money shares at a strike of $23.00 (SEC Form 4)

    8/26/24 8:21:14 PM ET
    $BTU
    Coal Mining
    Energy
    Get the next $BTU alert in real time by email
    SEC FORM 4 SEC Form 4
    FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
    Washington, D.C. 20549

    STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

    Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
    or Section 30(h) of the Investment Company Act of 1940
    OMB APPROVAL
    OMB Number: 3235-0287
    Estimated average burden
    hours per response: 0.5
    X
    Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
      
    Check this box to indicate that a transaction was made pursuant to a contract, instruction or written plan for the purchase or sale of equity securities of the issuer that is intended to satisfy the affirmative defense conditions of Rule 10b5-1(c). See Instruction 10.
    1. Name and Address of Reporting Person*
    THOMIST CAPITAL MANAGEMENT, LP

    (Last) (First) (Middle)
    3773 RICHMOND AVE., SUITE 777

    (Street)
    HOUSTON TX 77046

    (City) (State) (Zip)
    2. Issuer Name and Ticker or Trading Symbol
    PEABODY ENERGY CORP [ BTU ]
    5. Relationship of Reporting Person(s) to Issuer
    (Check all applicable)
    Director X 10% Owner
    Officer (give title below) Other (specify below)
    3. Date of Earliest Transaction (Month/Day/Year)
    08/14/2024
    4. If Amendment, Date of Original Filed (Month/Day/Year)
    6. Individual or Joint/Group Filing (Check Applicable Line)
    Form filed by One Reporting Person
    X Form filed by More than One Reporting Person
    Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
    1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
    Code V Amount (A) or (D) Price
    Common Stock 08/14/2024 P 24,300 A (1) 3,230,091 I See Footnotes(2)(3)(4)
    Common Stock 08/14/2024 P 48,600 A (1) 1,617,455 I See Footnotes(2)(3)(5)
    Common Stock 08/14/2024 P 24,300 A (1) 808,726 I See Footnotes(2)(3)(6)
    Common Stock 08/15/2024 X 31,800 A $23 1,649,255 I See Footnotes(2)(3)(5)
    Common Stock 08/15/2024 X 26,000 A $23 834,726 I See Footnotes(2)(3)(6)
    Common Stock 08/16/2024 X 20,100 A $23 1,669,355 I See Footnotes(2)(3)(5)
    Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
    (e.g., puts, calls, warrants, options, convertible securities)
    1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
    Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
    Put Option (Obligation to Buy) $23 08/15/2024 X 318 08/13/2024 08/16/2024 Common Stock 31,800 $0 201 I See Footnotes(2)(3)(5)
    Put Option (Obligation to Buy) $23 08/15/2024 X 260 08/13/2024 08/16/2024 Common Stock 26,000 $0 0 I See Footnotes(2)(3)(6)
    Put Option (Obligation to Buy) $23 08/16/2024 X 201 08/13/2024 08/16/2024 Common Stock 20,100 $0 0 I See Footnotes(2)(3)(5)
    Call Option (Right to Buy) $27 08/16/2024 S 8,257 08/14/2024 10/18/2024 Common Stock 825,700 (7) 26,743 I See Footnotes(2)(3)(4)
    Call Option (Right to Buy) $27 08/16/2024 S 5,829 08/14/2024 10/18/2024 Common Stock 582,900 (7) 17,504 I See Footnotes(2)(3)(5)
    Call Option (Right to Buy) $27 08/16/2024 S 2,914 08/14/2024 10/18/2024 Common Stock 291,400 (7) 8,753 I See Footnotes(2)(3)(6)
    1. Name and Address of Reporting Person*
    THOMIST CAPITAL MANAGEMENT, LP

    (Last) (First) (Middle)
    3773 RICHMOND AVE., SUITE 777

    (Street)
    HOUSTON TX 77046

    (City) (State) (Zip)

    Relationship of Reporting Person(s) to Issuer
    Director X 10% Owner
    Officer (give title below) Other (specify below)
    1. Name and Address of Reporting Person*
    Thomist Capital, LLC

    (Last) (First) (Middle)
    3773 RICHMOND AVE., SUITE 777

    (Street)
    HOUSTON TX 77046

    (City) (State) (Zip)

    Relationship of Reporting Person(s) to Issuer
    Director X 10% Owner
    Officer (give title below) Other (specify below)
    1. Name and Address of Reporting Person*
    Thomist Fund, LP

    (Last) (First) (Middle)
    3773 RICHMOND AVE., SUITE 777

    (Street)
    HOUSTON TX 77046

    (City) (State) (Zip)

    Relationship of Reporting Person(s) to Issuer
    Director X 10% Owner
    Officer (give title below) Other (specify below)
    1. Name and Address of Reporting Person*
    Kuzma Brian L.

    (Last) (First) (Middle)
    3773 RICHMOND AVE., SUITE 777

    (Street)
    HOUSTON TX 77046

    (City) (State) (Zip)

    Relationship of Reporting Person(s) to Issuer
    Director X 10% Owner
    Officer (give title below) Other (specify below)
    Explanation of Responses:
    1. The price reported in Column 4 is a weighted average price. These shares were purchased in multiple transactions at prices ranging from $21.81 to $21.905, inclusive. The reporting persons undertake to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares purchased at each separate price within the range set forth in this footnote.
    2. This Form 4 is being filed by (a) Thomist Capital Management, LP (the "Manager"), (b) Thomist Capital, LLC (the "GP"), (c) The Thomist Fund, LP (the "Fund"), and (d) Brian Kuzma ("Mr. Kuzma", and collectively with the Manager, the GP and the Fund, the "Reporting Persons"). The Manager, as the investment manager of the Fund and two third-party accounts ("Managed Account 1" and "Managed Account 2") over which the Manager has voting and investment discretion. Mr. Kuzma is the managing member of the GP, which is the general partner of the Manager and the Fund.
    3. The filing of this statement shall not be deemed an admission that any of the Reporting Persons is the beneficial owner of any of the reported securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or otherwise, and each of the Reporting Persons disclaims beneficial ownership of the reported securities except to the extent of its or his pecuniary interest therein.
    4. The securities reported are held by the Fund. The GP and Mr. Kuzma may be deemed to have a pecuniary interest in the securities held by the Fund due to and indirect profits allocation to the GP and Mr. Kuzma's interest in the Fund.
    5. The securities reported are held by Managed Account 1. The Reporting Persons other than the Fund may be deemed to have a pecuniary interest in the securities held by Managed Account 1 due to a performance-related fee.
    6. The securities reported are held by Managed Account 2. The Reporting Persons other than the Fund may be deemed to have a pecuniary interest in the securities held by Managed Account 2 due to a performance-related fee.
    7. These contracts were sold in two transactions at prices of $26.72 per contract for the first 15,000 contracts and $20 per contract for the remaining portion.
    Remarks:
    The Reporting Persons realized short-swing profits under Section 16(b) of the Securities Exchange Act of 1934, as amended, as a result of transactions in the Issuer's securities reported herein. On August 24, 2024, the Reporting Persons agreed to disgorge $25,386.48 to the Issuer, representing the short-swing profits realized by the Reporting Persons
    THOMIST CAPITAL MANAGEMENT, LP, By: Thomist Capital, LLC, its general partner, By: /s/ Brian Kuzma, Title: Managing Member 08/26/2024
    THOMIST CAPITAL, LLC, By: /s/ Brian Kuzma, Title: Managing Member 08/26/2024
    THE THOMIST FUND, LP, By: Thomist Capital, LLC, its general partner, By: /s/ Brian Kuzma, Title: Managing Member 08/26/2024
    BRIAN KUZMA, /s/ Brian Kuzma 08/26/2024
    ** Signature of Reporting Person Date
    Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
    * If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
    ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
    Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
    Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.
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