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): March 31, 1999
AEI RESOURCES, INC.
(Exact name of registrant as specified in charter)
333-72327
Delaware 333-72355 61-13155723
(State or other (Commission File Number) (IRS Employer
jurisdiction or Identification
incorporation) No.)
1500 Big Run Road
Ashland, Kentucky 41102
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (606) 928-3433
N/A
(Former name or former address
if changed since last report.)
INFORMATION TO BE INCLUDED IN THE REPORT
Item 5. Other Events
AEI Resources, Inc. is filing this report in connection with
its obligations to file certain information with the Securities
and Exchange Commission pursuant to Section 4.03 of both the
Indenture for its 10-1/2% Senior Notes Due 2005 and the Indenture
for its 11-1/2% Senior Subordinated Notes Due 2006. Currently, AEI
Resources, Inc. is not subject to the periodic reporting
requirements pursuant to Section 12 or Section 15(d) of the
Securities Exchange Act of 1934.
AEI Resources, Inc. hereby provides notice of its inability
to furnish annual financial information for its 1998 fiscal year
that would be required to be filed with the Commission on Form
10-K by March 31, 1999 without unreasonable effort and expense.
A Notification of Late Filing on Form 12b-25 is attached as an
exhibit to this report.
Item 7. Financial Statements, Pro Forma Financial Information
and Exhibits.
(a) Financial statements of business acquired.
Not applicable.
(b) Pro Forma Financial Information.
Not applicable.
(c) Exhibits.
Exhibit 99 Form 12b-25
SIGNATURE
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 thereunto duly
authorized.
AEI RESOURCES, INC.
/s/Vic Grubb
By: Vic Grubb
Treasurer
Date: April 1, 1999
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 29549
FORM 12b-25
Commission File Number 333-72327
333-72355
NOTIFICATION OF LATE FILING
(Check One): _X_ Form 10-K ___ Form 11-K ___ Form 20-F ___ Form 10-Q
___ Form N-SAR
For Period Ended: 12/31/98
___ Transition Report on Form 10-K ___ Transition Report on Form 10-Q
___ Transition Report on Form 20-F ___ Transition Report on Form N-SAR
___ Transition Report on Form 11-K
For the Transition Period
Ended:__________________________________
Nothing in this form shall be construed to imply that the
Commission has verified any information contained herein.
If notification relates to a portion of the filing checked
above,
identify the item(s) to which the notification relates: Items 10-13
PART I
REGISTRANT INFORMATION
Full name of registrant: AEI Resources, Inc.
Former name if applicable: N/A
Address of principal executive office: 1500 North Big Run Road
City, state and zip code: Ashland, Kentucky 41102
PART II
RULE 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable
effort or expense and the registrant seeks relief pursuant to Rule
12b-25(b), the following should be completed. (Check box if
appropriate.)
_X_ (a) The reasons described in reasonable detail in Part III
of this form could not be eliminated without
unreasonable effort or expense;
_X_ (b) The subject annual report, semi-annual report,
transition report on Form 10-K, 20-F, 11-K or Form N-SAR,
or portion thereof will be filed on or before the
15th calendar day following the prescribed due date; or
the subject quarterly report or transition report on
Form 10-Q, or portion thereof will be filed on or
before the fifth calendar day following the prescribed
due date; and
_X_ (c) The accountant's statement or other exhibit required by
Rule 12b-25(c) has been attached if applicable.
PART III
NARRATIVE
State below in reasonable detail the reasons why Form 10-K, 11-K,
20-F, 10-Q, N-SAR or the transition report portion thereof could not
be filed within the prescribed time period.
AEI Resources, Inc. is in the process of finalizing its
purchase accounting in connection with several recent
acquisitions, and has been working diligently to provide all such
information to its auditors. In connection with this effort, the
auditors have been working in AEI's offices for the past several
weeks analyzing financial information and data, much of which was
only recently received. AEI has not been able to close its books
as a result of the recent receipt of such information.
Therefore, the auditors are not in a position to render an
opinion on the annual financial information for AEI's 1998 fiscal
year that AEI would be required to file with the Commission if
AEI were obligated to file periodic reports pursuant to Section
12 or 15(b) of the Exchange Act. A statement by the auditors to
this effect is attached to this notice as Exhibit A.
AEI confirms its intention to file, no later than April 15,
1999, the annual financial information for AEI's 1998 fiscal year
that AEI would be required to file with the Commission if AEI
were obligated to file periodic reports pursuant to Section 12 or
15(d) of the Exchange Act.
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to
this notification: Vic Grubb, (606) 920-7407
(2) Have all other periodic reports required under Section 13 or
15(d) of the Securities Exchange Act of 1934 or Section 30 of the
Investment Company Act of 1940 during the preceding 12 months or for
such shorter period that the registrant was required to file such
report(s) been filed? If the answer is no, identify report(s).
___ Yes ___ No _X_ Not Applicable
(3) Is it anticipated that any significant change in results of
operations from the corresponding period for the last fiscal year will
be reflected by the earnings statements to be included in the subject
report or portion thereof?
___ Yes ___ No _X_ Not Applicable
If so: attach an explanation of the anticipated change, both
narratively and quantitatively, and, if appropriate, state the reasons
why a reasonable estimate of the results cannot be made.
AEI RESOURCES, INC.
(Name of Registrant as Specified in Charter)
Has caused this notification to be signed on its behalf by the
undersigned thereunto duly authorized.
Date: April 1, 1999 By /s/ Vic Grubb
Vic Grubb
Treasurer
EXHIBIT A
Arthur Andersen LLP has been engaged to audit the December
31, 1998 financial statements of AEI Resources, Inc. We have
been working in AEI's offices for the past several weeks
performing auditing procedures on the 1998 financial statements.
AEI is in the process of finalizing its purchase accounting in
connection with several recent acquisitions, and has been working
diligently to provide all such information to us, much of which
was only recently received. AEI has not been able to close its
books as a result of the recent receipt of such information.
Therefore, Arthur Andersen LLP is not in a position to render an
opinion on the 1998 financial statements by March 31, 1999.
/s/ ARTHUR ANDERSEN LLP
Louisville, Kentucky
March 31, 1999
