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LIMITED LIABILITY COMPANY AGREEMENT <br />OF <br />MOUNTAIN COAL COMPANY, L.L.C.' <br />THE UNDERSIGNED is executing this Limited Liability Company Agreement <br />(the "Agreement") for the purpose of forming a limited liability company (the "Company") <br />pursuant to the provisions of the Delawaze Limited Liability Company Act, 6 Del. C. <br />§§ 18-101 et seg. (the "Act"), and does hereby agree as follows: <br />1. Name. The name of the Company shall be Mountain Coal Company, <br />L.L.C., or such other name as the Members may from time to time hereafter designate. <br />2. Definitions. Capitalized terms not otherwise defined herein shall have <br />the meanings set forth therefor in Section 18-101 of the Act. <br />3. Purpose. The Company is formed for the purpose of engaging in any <br />lawful business permitted by the Act and the laws of any jurisdiction in which the Company <br />may do business. The Company shall Gave the power to engage in ail activities and <br />transactions which the Members deem necessary or advisable in connection with the <br />foregoing. <br />4. Offices. <br />(a) The principal place of business and office of the Company shall <br />be located at, and the Company's business shall be conducted from, such place or places as <br />the Members may designate from time to time. <br />(b) The registered office of the Company in the State of Delaware <br />shall be located at cJo The Corporation Trust Company, Corporation Trust Center, <br />1209 Orange Street, Wilmington, Delawaze 19801. The name and address of the registered <br />agent of the Company for service of process on the Company in the State of Delawaze shall be <br />