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STATE OF FLORIDA ) <br />:ss <br />COUNTY OF PALM BEACH ) <br />On this 18th day of August, 2011, personally appeared DAVID W. CLARK, as Assistant <br />Secretary of Oxbow Carbon LLC, a Delaware limited liability company (the "Company") who <br />certified that the following resolution is a true, correct, complete and unaltered extract of a resolution <br />adopted by the Board of Directors of the Company as of August 9, 2011, which resolution has not been <br />amended or rescinded and is in full force and effect as of the date hereof: <br />"IT IS HEREBY RESOLVED, that Crestview -Oxbow Acquisition, LLC, a Delaware <br />limited liability company ( "Crestview "), as a minority owner of the Company, cannot commit <br />the financial or real property assets or working resources of Terror Creek, LLC, including but <br />not limited to the Terror Creek loadout; and it is <br />FURTHER RESOLVED, that Crestview does not control any of the Terror Creek <br />loadout's operations." <br />Dated: August 18, 2011 OXBOW ��� :ON LLC <br />By: <br />I <br />STATE OF FLORIDA <br />COUNTY OF PALM BEACH <br />The foregoing instrument was acknowledged before me this 18 day of August, 2011, by David <br />W. Clark, as Assistant Secretary of Oxbow Carbon LLC, a Delaware limited liability company, on <br />behalf of the Company. <br />CERTIFICATION <br />:ss <br />David W. Clark <br />Assistant Secretary <br />N •,' Public <br />Notary Commission No. DD664272 <br />Personally known <br />or Produced Identification <br />Type of Identification Produced <br />