EX-3.29 30 y07746exv3w29.txt CERTIFICATE OF FORMATION Exhibit 3.29 CERTIFICATE OF FORMATION OF ANR COAL - WEST VIRGINIA, LLC This Certificate of Formation dated December 4, 1997, has been duly executed and is filed pursuant to section 18-201 of the Delaware Limited Liability Company Act (the "Act") to form a limited liability company (the "Company") under the Act. 1. Name. The name of the Company is ANR COAL - WEST VIRGINIA, LLC. 2. Registered Office: Registered Agent: The address of the registered office required to be maintained by section 18-104 of the Act is: Corporation Trust Center 1209 Orange Street Wilmington, Delaware 19801 The name and address of the registered agent for service of process required to be maintained by section 18-104 of the Act are: The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, Delaware 19801 EXECUTED as of the date first written above. /s/ Austin M. O'Toole Name: Austin M. O'Toole Authorized Person STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 08:30 AM 12/11/1997 971423808 - 2828551 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 03:30 PM 07/21/1998 981283505 - 2828551 CERTIFICATE OF AMENDMENT TO CERTIFICATE OF FORMATION OF ANR COAL - WEST VIRGINIA, LLC ANR Coal - West Virginia, LLC, a limited liability company organized under the Delaware Limited Liability Company Act (the "Act"), for the purpose of amending its Certificate of Formation pursuant to Section 18-202 of the Act, hereby certifies that Paragraph 1 of the Certificate of Formation is amended to read in its entirely as follows: "1. The name of the Company is Coastal Coal - West Virginia, LLC." IN WITNESS WHEREOF, this Certificate of Amendment has been duly executed by an authorized person as of the 20th day of July, 1998. ANR Coal - West Virginia, LLC By: /s/ Austin O'Toole --------------------- Austin M. O'Toole Senior Vice President and Secretary STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 11:30 AM 02/13/2003 030095689 - 2828551 CERTIFICATE OF AMENDMENT TO CERTIFICATE OF FORMATION OF COASTAL COAL - WEST VIRGINIA, LLC It is hereby certified that: 1. The name of the limited liability company (hereinafter called the "limited liability company") is Coastal Coal - West Virginia, LLC. 2. The certificate of formation of the limited liability company is hereby amended by striking out Paragraph 1 thereof and by substituting in lieu of said Paragraph 1 the following new Paragraph 1: "1. The name of the Company is Brooks Run Mining Company, LLC." Executed on February 12, 2003 /s/ Sam Kitts Sam Kitts, President and Manager STATE OF WEST VIRGINIA, County of Preston, to-wit: I, NANCY RECKART, Clerk of the County Commission of said county, do hereby certify that the foregoing writing was this day produced to me in my said office, and was duly admitted to record therein. Given under my hand this 10th day of March, 2003, at 14:32, NANCY RECKART, Clerk By /s/ Patricia Wiles , Deputy ------------------ STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS DELIVERED 01:55 PM 07/11/2003 FILED 11:30 AM 07/11/2003 SKV 030456299 - 2828551 FILE Certificate of Amendment to Certificate of Incorporation of BROOKS RUN MINING COMPANY, LLC It is hereby certified that: 1. The name of the limited liability company (hereinafter called the "limited liability company") is BROOKS RUN MINING COMPANY, LLC 2. The certificate of formation of the limited liability company is hereby amended by striking out the statement relating to the limited liability company's registered agent and registered office and by substituting in lieu thereof the following new statement: "The address of the registered office and the name and the address of the registered agent of the limited liability company required to be maintained by Section 18-104 of the Delaware Limited Liability Company Act are Corporation Service Company, 2711 Centerville Road, Suite 400. Wilmington, DE 19808." Date: June 25, 2003 Name: /s/ Samuel R. Kitts ----------------------- Samuel R. Kitts Title: President & Manager