Exhibit 3.17(a)
STATE OF DELAWARE
SECRETARY OF STATE
DIVISION OF CORPORATIONS
FILED 09:00 AM 11/02/1992
712307005 - 2314549
CERTIFICATE OF INCORPORATION
OF
AMERICOAL SERVICES COMPANY
ARTICLE ONE
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The name of the corporation is Americoal Service Company (hereinafter
called the "Corporation").
ARTICLE TWO
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The address of the Corporation's registered office in the state of
Delaware is 1013 Centre Road, Wilmington, Delaware 19805, in the City of
Wilmington, County of New Castle. The name of its registered agent at such
address is Corporation Service Company.
ARTICLE THREE
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The purpose of the Corporation is to engage in any lawful act or
activity for which corporations may be organized under the General Corporation
Law of Delaware.
ARTICLE FOUR
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The total number of shares which the Corporation shall have the
authority to issue is One Thousand (1,000) shares, all of which shall be shares
of Common Stock, without par value.
ARTICLE FIVE
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The name and mailing address of the incorporator is as follows:
Name Address
---- -------
Eileen C. McNamara c/o Kirkland & Ellis
55 East 52nd Street
16th Floor
New York, NY 10055
ARTICLE SIX
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The directors shall have the power to adopt, amend or repeal By-Laws,
except as may otherwise be provided in the By-Laws.
ARTICLE SEVEN
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The personal liability of the directors of the Corporation is hereby
eliminated to the fullest extent permitted by Paragraph (7) of Subsection (b)
of Section 102 of the General Corporation Law of the State of Delaware, as the
same may be amended or supplemented.
ARTICLE EIGHT
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The Corporation expressly elects not to be governed by Section 203 of
the General Corporation Law of the State of Delaware.
ARTICLE NINE
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The Corporation reserves the right to amend or repeal any provisions
contained in this Certificate of Incorporation from time to time and at any time
in the manner now or hereafter prescribed by the laws of the State of Delaware,
and all rights conferred upon stockholders and directors are granted subject to
such reservation.
I, the undersigned, being the sole incorporator hereinbefore named, for
the purpose of forming a corporation in pursuance of the General Corporation Law
of the State of Delaware, do make and file this Certificate, hereby declaring
and certifying that the facts herein stated are true, and accordingly have
hereunto set my hand this 2nd day of November, 1992.
/s/ Eileen C. McNamara
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Eileen C. McNamara
Sole Incorporator