EX-3.33 34 y07746exv3w33.txt CERTIFICATE OF FORMATION Exhibit 3.33 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 04:00 PM 12/19/1996 960377237-2697384 CERTIFICATE OF FORMATION OF ANR COAL COMPANY, LLC This Certificate of Formation dated December 19, 1996, 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 COMPANY, 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, DE 19801 The name and the 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, DE 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 03:30 PM 07/21/1998 981282886-2697384 CERTIFICATE OF AMENDMENT TO CERTIFICATE OF FORMATION OF ANR COAL COMPANY, LLC ANR Coal Company, 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 Company, 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 Company, LLC By: /s/ Austin M. O'Toole Austin M. O'Toole Senior Vice President and Secretary STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 05:00 PM 01/31/2003 030068535-2697384 Certificate of Amendment to Certificate of Formation Of COASTAL COAL COMPANY, LLC ------------------------- It is hereby certified that: 1. The name of the limited liability company (hereinafter called the "limited liability company") is Coastal Coal Company, LLC. 2. The certificate of formation of the limited liability company is hereby amended by striking out Article First thereof and by substituting in lieu of said Article First the following new Article First "First: The name of the limited liability company is Enterprise Mining Company, LLC." /s/ Stanley E. Bateman, Jr. Stanley E. Bateman, Jr. Authorized Person State of Delaware Secretary of State Division of Corporations Delivered 01:55 PM 07/11/2003 Filed 11:26 AM 7/11/2003 SRV 030456264-2697384 FILE Certificate of Amendment to Certificate of Formation Of ENTERPRISE MINING COMPANY, LLC It is hereby certified that: 1. The name of the limited liability company (hereinafter called the "limited liability company") is ENTERPRISE 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 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." Dated: June 26, 2003 Name: /s/ Stanley E. Bateman, Jr. Title: President and Manager