SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
----------------------------
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): August 8, 2002(August 7, 2002)
Arch Coal, Inc.
(Exact name of registrant as specified in its charter)
Delaware 1-13105 43-0921172
(State or other jurisdiction (Commission File Number) (I.R.S. Employer
of incorporation) Identification No.)
One CityPlace Drive, Suite 300, St. Louis, Missouri 63141
(Address of principal executive offices) (Zip code)
Registrant's telephone number, including area code: (314) 994-2700
Page 1 of 4 pages.
Exhibit Index begins on page 4.
Item 5. Other Events.
On August 7, 2002, the Chief Executive Officer and Chief Financial Officer
of Arch Coal, Inc. (the "Company"), each executed a Statement Under Oath of
Principal Financial Officer Regarding Facts and Circumstances Relating to
Exchange Act Filings (individually referred to as the "Statement") which is
required to be filed with the Securities Exchange Commission. Copies of these
Certifications are attached hereto and incorporated herein by reference in its
entirety.
Item 7. Financial Statements and Exhibits.
(c) The following Exhibits are filed with this Current Report on Form 8-K:
Exhibit No. Description
99-1 Statement executed by Steven F. Leer, President and Chief
Executive Officer of the Company
99-2 Statement executed by Robert J. Messey, Senior Vice
President and Chief Financial Officer
Page 2 of 4 pages.
Exhibit Index begins on page 4.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Dated: August 8, 2002 ARCH COAL, INC.
By: /s/ Robert G. Jones
Robert G. Jones
Vice President - Law, General
Counsel and Secretary
Page 3 of 4 pages.
Exhibit Index begins on page 4.
EXHIBIT INDEX
Exhibit No. Description
99-1 Statement executed by Steven F. Leer, President and Chief
Executive Officer of the Company
99-2 Statement executed by Robert J. Messey, Senior Vice
President and Chief Financial Officer
Page 4 of 4 pages.
Exhibit 99-1
Statement Under Oath of Principal Executive Officer
Regarding Facts and Circumstances Relating to Exchange Act Filings
I, Steven F. Leer, state and attest that:
(1) To the best of my knowledge, based upon a review of the covered reports
of Arch Coal, Inc., and, except as corrected or supplemented in a subsequent
covered report:
o no covered report contained an untrue statement of a material
fact as of the end of the period covered by such report (or in
the case of a report on Form 8-K or definitive proxy materials,
as of the date on which it w filed); and
o no covered report omitted to state a material fact necessary to
make the statements in the covered report, in light of the
circumstances under which they were made, not misleading as of
the end of the period covered such report (or in the case of a
report on Form 8-K or definitive proxy materials, as of the
date on which it was filed).
(2) I have reviewed the contents of this statement with the Company's audit
committee.
(3) In this statement under oath, each of the following, if filed on or
before the date of this statement, is a "covered report":
o the report on Form 10-K for the year ended December 31, 2001 of Arch
Coal, Inc.;
o all reports on Form 10-Q, all reports on Form 8-K and all definitive
proxy materials of Arch Coal, Inc. filed with the Commission
subsequent to the filing of the Form 10-K identified above; and
o any amendments to any of the foregoing.
/s/ Steven F. Leer
Steven F. Leer
President and Chief Executive
Officer
August 7, 2002
Subscribed and sworn to before me this 7th day of August, 2002.
/s/ Erika M. Dominick
Notary Public
My Commission Expires: 9/30/03
Exhibit 99-2
Statement Under Oath of Principal Financial Officer
Regarding Facts and Circumstances Relating to Exchange Act Filings
I, Robert J. Messey, state and attest that:
(1) To the best of my knowledge, based upon a review of the covered reports
of Arch Coal, Inc., and, except as corrected or supplemented in a subsequent
covered report:
o no covered report contained an untrue statement of a material
fact as of the end of the period covered by such report (or in
the case of a report on Form 8-K or definitive proxy materials,
as of the date on which it w filed); and
o no covered report omitted to state a material fact necessary to
make the statements in the covered report, in light of the
circumstances under which they were made, not misleading as of
the end of the period covered such report (or in the case of a
report on Form 8-K or definitive proxy materials, as of the
date on which it was filed).
(2) I have reviewed the contents of this statement with the Company's audit
committee.
(3) In this statement under oath, each of the following, if filed on or
before the date of this statement, is a "covered report":
o the report on Form 10-K for the year ended December 31, 2001 of Arch
Coal, Inc.;
o all reports on Form 10-Q, all reports on Form 8-K and all definitive
proxy materials of Arch Coal, Inc. filed with the Commission
subsequent to the filing of the Form 10-K identified above; and
o any amendments to any of the foregoing.
/s/ Robert J. Messey
Robert J. Messey
Senior Vice President and
Chief Financial Officer
August 7, 2002
Subscribed and sworn to before me this 7th day of August, 2002.
/s/ Erika M. Dominick
Notary Public
My Commission Expires: 9/30/03