AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON SEPTEMBER 13, 2010 | REGISTRATION NO. 333-143563 |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 2 TO
FORM S-3
REGISTRATION STATEMENT
UNDER THE SECURITIES ACT OF 1933
JAMES RIVER COAL COMPANY
(Exact name of registrant as specified in its charter)
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Virginia (State or other jurisdiction of incorporation or organization) | James River Coal Company 901 E. Byrd Street, Suite 1600 Richmond, Virginia 23219 (804) 780-3000 (Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices) | 54-1602012 (I.R.S. Employer Identification Number) |
| SEE TABLE OF SUBSIDIARY CO-REGISTRANTS | |
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Peter T. Socha President & Chief Executive Officer James River Coal Company 901 E. Byrd Street, Suite 1600 Richmond, Virginia 23219 (804) 780-3000 (Name, address, including zip code, and telephone number, including area code, of agent for service) | Copies to: David A. Stockton, Esq. Kilpatrick Stockton LLP 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309 (404) 815-6500 |
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Approximate date of commencement of proposed sale to the public: From time to time after this registration statement becomes effective.
If the only securities being registered on this form are being offered pursuant to dividend or interest reinvestment plans, please check the following box. o
If any of the securities being registered on this form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, other than securities offered only in connection with dividend or interest reinvestment plans, check the following box. x
If this form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. o _________
If this form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier registration statement for the same offering. o __________
If this form is a registration statement pursuant to General Instruction I.D. or a post-effective amendment thereto that shall become effective upon filing with the Commission pursuant to Rule 462(e) under the Securities Act, check the following box. o
If this form is a post-effective amendment to a registration statement filed pursuant to General Instruction I.D. filed to register additional securities or additional classes of securities pursuant to Rule 413(b) under the Securities Act, check the following box. o
The Registrant hereby amends this Registration Statement on such date or dates as may be necessary to delay its effective date until the Registrant shall file a further amendment which specifically states that this Registration Statement shall thereafter become effective in accordance with Section 8(a) of the Securities Act of 1933 or until the Registration Statement shall become effective on such date as the Commission, acting pursuant to said Section 8(a), may determine.
TABLE OF SUBSIDIARY CO-REGISTRANTS
Exact name of Subsidiary Co-Registrant as specified in its charter (1)(2) | | State or other jurisdiction of incorporation or organization | | I.R.S. Employer Identification Number |
BDCC Holding Company, Inc. | | Delaware | | 62-0133200 |
Bell County Coal Corporation | | Delaware | | 61-0880806 |
Bledsoe Coal Corporation | | Kentucky | | 61-0894821 |
Bledsoe Coal Leasing Company | | Delaware | | 52-1186654 |
Blue Diamond Coal Company | | Delaware | | 52-2313812 |
Eolia Resources, Inc. | | North Carolina | | 56-0890587 |
James River Coal Sales, Inc. | | Delaware | | 74-2233417 |
James River Coal Service Company | | Kentucky | | 61-0712577 |
Johns Creek Coal Company | | Tennessee | | 62-1059412 |
Johns Creek Elkhorn Coal Corporation | | Delaware | | 61-0729199 |
Johns Creek Processing Company | | Delaware | | 52-2274021 |
Leeco, Inc. | | Kentucky | | 61-0734176 |
McCoy Elkhorn Coal Corporation | | Kentucky | | 61-0718373 |
Shamrock Coal Company, Incorporated | | Delaware | | 62-0421843 |
Triad Mining Inc. | | Indiana | | 71-1189005 |
Triad Underground Mining, LLC | | Indiana | | 35-2149041 |
(1) | The address, including zip code, and telephone number, including area code, of the principal executive offices of each subsidiary co-registrant is: |
| 901 E. Byrd Street, Suite 1600 |
| Richmond, Virginia 23219 |
| (804) 780-3000 |
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(2) | The Primary Standard Industrial Classification Code Number for each subsidiary co-registrant is 1221. |
DEREGISTRATION OF SECURITIES
The Registrant initially filed a Registration Statement on Form S-3, File Number 333-143563, with the Securities and Exchange Commission on June 7, 2007, as amended by Pre-Effective Amendment No. 1 thereto filed on June 21, 2007 (as amended, the “Registration Statement”), pursuant to which the Registrant registered (i) shares of common stock, par value $.01 per share (“Common Stock”), (ii) shares of preferred stock, par value $1.00 per share, in one or more series (“Preferred Stock”), (iii) debt securities (“Debt Securities”), which may be senior debt securities (“Senior Debt Securities”) or subordinated debt securities (“Subordinated Debt Securities”), and which may be convertible into, or exchangeable for, Common Stock, Preferred Stock, or other securities of the Registrant, (iv) warrants to purchase Common Stock, Preferred Stock, or other securities of the Registrant (“Warrants”), (v) units consisting of any combination of Common Stock, Preferred Stock, Debt Securities and Warrants (“Units”) and (vi) guarantees of the Debt Securities (“Guarantees”, and collectively with the Common Stock, Preferred Stock, Warrants, and Units, the “Securities”), in an aggregate amount not to exceed $150,000,000.
This Post-Effective Amendment No. 2 to the Registration Statement is being filed to deregister any and all of the Securities that were registered for issuance pursuant to the Registration Statement and that remain unsold thereunder as of the date hereof.
Pursuant to Rule 478 promulgated under the Securities Act of 1933, as amended (the “Act”), and the undertaking contained in the Registration Statement pursuant to Item 512(a)(3) of Regulation S-K promulgated under the Act, the Registrant hereby removes the unsold Securities from registration.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| JAMES RIVER COAL COMPANY | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chairman, President and Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board, President and Chief Executive Officer |
Peter T. Socha | | (principal executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Alan F. Crown | | |
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* | | Director |
Ronald J. FlorJancic | | |
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* | | Director |
Leonard J. Kujawa | | |
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* | | Director |
Joseph H. Vipperman | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| BDCC HOLDING COMPANY, INC. | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director, President and Chief Operating Officer |
Joseph G. Evans | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| BELL COUNTY COAL CORPORATION | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
B. J. Reynolds | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| BLEDSOE COAL CORPORATION | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Tim Frasure | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| BLEDSOE COAL LEASING COMPANY | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Tim Frasure | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| BLUE DIAMOND COAL COMPANY | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Joseph G. Evans | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| EOLIA RESOURCES, INC. | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Joseph G. Evans | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| JAMES RIVER COAL SALES, INC. | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Michael E. Weber | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| JAMES RIVER COAL SERVICE COMPANY | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Coy K. Lane | | |
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* | | Director |
Brian Patton | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| JOHNS CREEK COAL COMPANY | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Randall K. Taylor | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| JOHNS CREEK ELKHORN COAL CORPORATION | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Randall K. Taylor | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| JOHNS CREEK PROCESSING COMPANY | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | �� | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Randall K. Taylor | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| LEECO, INC. | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
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* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Joseph G. Evans | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| MCCOY ELKHORN COAL CORPORATION | |
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| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
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/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
| | |
* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director |
Randall K. Taylor | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| SHAMROCK COAL COMPANY, INCORPORATED | |
| | |
| | |
| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
| | |
Signature | | |
| | |
/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
| | |
* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
| | |
* | | Director |
Tim Frasure | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| TRIAD MINING INC. | |
| | |
| | |
| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
| | |
Signature | | |
| | |
/s/ Peter T. Socha | | Chairman of the Board and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
| | |
* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
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* | | Director, President and Chief Operating Officer |
Donald W. Arrowsmith | | |
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* | | Director |
Coy K. Lane | | |
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* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 2 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, State of Virginia, on September 13 , 2010.
| TRIAD UNDERGROUND MINING, LLC | |
| | |
| | |
| By: | /s/ Peter T. Socha | |
| | Name: | Peter T. Socha | |
| | Title: | Chief Executive Officer | |
Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 2 to the registration statement has been signed by the following persons in the capacities indicated on September 13 , 2010.
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Signature | | |
| | |
/s/ Peter T. Socha | | Manager and Chief Executive Officer (principal |
Peter T. Socha | | executive officer) |
| | |
* | | Vice President and Chief Accounting Officer (principal financial |
Samuel M. Hopkins, II | | officer and principal accounting officer) |
| | |
* | | Manager, President and Chief Operating Officer |
Donald W. Arrowsmith | | |
| | |
* | | Manager |
Coy K. Lane | | |
| | |
* By: | /s/ Peter T. Socha | | |
| Peter T. Socha | | |
| Attorney-in-Fact | | |
| (Pursuant to a Power of Attorney) | | |
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