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The Secretary presented a form of By-laws for the regulation of the affairs of the <br />Company. Thereupon, on motion duly made and seconded, the following resolution was <br />unanimously adapted: <br />RESOLVED, That the By-laws submitted to this meeting are hereby <br />adapted as the By-laws of this Company, and the Secretary is hereby instructed to <br />cause the same to be inserted in the minute book immediately following the copy <br />of the Certificate of Incorporation. <br />Upon motion duly made and seconded, the following resolution was unanimously <br />adopted: <br />RESOLVED, That the company enter into the Limited Liability Company <br />Agreement by and between Mountain Coal Company L.L.C. and Mountain Coal <br />Company, its sole member. <br />Upon motion duly made and seconded, the following resolution was unanimously <br />adopted: <br />RESOLVED, That the fiscal year of the Company shall begin the first day of <br />January of each year. <br />Upon motion duly made and seconded, the following resolution was unanimously <br />adopted: <br />RESOLVED, That the Treasurer is hereby authorized to pay all fees and <br />expenses incident to and necessary for the organization of the Company. <br />Upon motion duly made and seconded, the following resolution was unanimously <br />adopted: <br />' RESOLVED, That the seal, an impression of which is hereby affixed, is <br />adopted as the corporate seal of the Company. <br />Upon motion duly made and seconded, the following resolution was <br />unanimously adopted: <br />RESOLVED, That CT Corporation System, as the resident agent of this <br />Company, in charge of the principal office in Delaware and of the books required <br />by law to be kept in that office, and as the agent upon whom process against this <br />Company may be served shall act under the direction and supervision of counsel <br />for this Company in all matters arising out of or pertaining to such agency, <br />including the forwarding of process served, official notices and communications, <br />and all service bulletins covering report and tax requirements, and the Secretary is <br />hereby authorized to sign a certificate in accordance with this resolution. <br />