LIMITED LIABILITY COMPANY AGREEMENT OF ARCH WESTERN BITUMINOUS GROUP LLC A DELAWARE LIMITED LIABILITY COMPANY dated as of July 29, 2004Limited Liability Company Agreement • January 19th, 2005 • Triton Coal Company, L.L.C. • Bituminous coal & lignite surface mining • Delaware
This Limited Liability Company Agreement (this “Agreement”) of Arch Western Bituminous Group LLC is entered into by Arch Western Resources, LLC, a Delaware Limited Liability Company, together with any future member of the LLC, (the “Member”).
FORM OF EXCHANGE AGENT AGREEMENTExchange Agent Agreement • January 19th, 2005 • Triton Coal Company, L.L.C. • Bituminous coal & lignite surface mining • New York
Arch Western Finance, LLC, a Delaware limited liability company (the “Company”) proposes to make an offer (the “Exchange Offer”) to exchange all of its unregistered 6 3/4% Senior Notes due 2013 (the “Old Securities”) for its newly issued 6 3/4% Senior Notes due 2013 registered under the Securities Act of 1933, as amended (the “New Securities”). The terms and conditions of the Exchange Offer as currently contemplated are set forth in a prospectus, dated ___, 2005 (the “Prospectus”), proposed to be distributed to all record holders of the Old Securities. The Old Securities and the New Securities are collectively referred to herein as the “Securities”.
