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