EX-3.43 44 y07746exv3w43.txt CERTIFICATE OF FORMATION Exhibit 3.43 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 09:00 AM 01/21/2003 030038422-3616174 STATE OF DELAWARE LIMITED LIABILITY COMPANY CERTIFICATE OF FORMATION OF BROOKS RUN MINING COMPANY, LLC FIRST: The name of the limited liability company is: BROOKS RUN MINING COMPANY, LLC SECOND: The address of its registered office in the State of Delaware is: 2711 Centerville Road, Suite 400 Wilmington, Delaware 19808 The name of its Registered Agent at such address is: Corporation Service Company THIRD: The name and address of the authorized person is: Karin M. Writer Bartlit Beck Herman Palenchar & Scott 1899 Wynkoop Street, Suite 800 Denver, Colorado 80202 The undersigned has executed this Certificate of Formation of Brooks Run Mining Company, LLC on this 21st day of January 2003. /s/ Karin M. Writer Karin M. Writer Authorized Person STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 05:00 PM 02/04/2003 030076149-3616174 Certificate of Amendment to Certificate of Formation 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 Article First thereof and by substituting in lieu of said Article the following new Article: "The name of the limited liability company is: Kingwood Mining Company, LLC" Executed on February 7, 2003 /s/ Peter V. Merritts Peter V. Merritts, President and Manager