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Administrative Law

Meeting Notice Detail

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West Virginia Economic Development Authority
Date/Time: 8/18/2022 -- 9:00 AM
Location:
180 Association Drive, Charleston, WV 25311
Purpose: NOTICE TO RESIDENTS OF THE STATE OF WEST VIRGINIA

AND OTHER PERSONS INTERESTED - ISSUANCE BY

THE WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY

OF ITS SOLID WASTE DISPOSAL FACILITY REVENUE BONDS

(WYOMING COUNTY COAL PROJECT), SERIES 2022

NOTICE IS HEREBY GIVEN, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, that THE WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY (the Authority) contemplates the adoption of a bond authorizing resolution, at a regular meeting to be held on August 18, 2022, at 11:00 a.m., prevailing time, to consider for approval the issuance of its Solid Waste Disposal Facility Revenue Bonds (Wyoming County Coal LLC Project), Series 2022 in an amount not to exceed $45,000,000 (the 2022 Bonds), pursuant to Chapter 31, Article 15 of the West Virginia Code of 1931, as amended, to assist Wyoming County Coal LLC, an Indiana limited liability company (the Company), by issuing its exempt facility bonds for solid waste disposal facilities as defined in Section 142(a)(6) of the Internal Revenue Code of 1986, as amended, to finance the costs of the acquisition, construction, reconstruction, and equipping of solid waste disposal facilities which will be located in Wyoming County, West Virginia and utilized with respect to an existing coal mine and related facilities which will produce an estimated 702,480 tons of premium, High-Vol A coking coal annually for sale primarily into the growing global marketplace, to pay certain capitalized interest on the 2022 Bonds and to pay certain costs of issuing the 2022 Bonds (collectively, the Project). The Project is located generally at 1524 Route 85, Kopperston Road, Oceana, Wyoming County, West Virginia 24870 in census tract 54109002902. The Company will be the owner and the principal user of the Project. The 2022 Bonds shall be titled the West Virginia Economic Development Authority, Solid Waste Disposal Facility Revenue Bonds (Wyoming County Coal LLC Project), Series 2022. The Company has engaged Hilltop Securities to act as underwriter with respect to the 2022 Bonds. The Company expects the 2022 Bonds to be marketed by September 30, 2022.

The Authority shall have no financial obligation or liability of any kind in connection with payment of the principal of or interest on the 2022 Bonds. The 2022 Bonds shall not constitute an indebtedness of the Authority, but shall be a limited obligation of the Authority payable solely from loan repayment proceeds or other revenues to be derived pursuant to a loan agreement to be entered into among the Authority and the Company and neither the 2022 Bonds nor the interest thereon, nor any charge in connection therewith, shall be a charge against the general credit or taxing powers of the Authority or the State of West Virginia, nor shall the same ever constitute an indebtedness of the Authority or the State of West Virginia, within the meaning of any constitutional provision or statutory limitations.

In order to promote and protect the safety of both the public and the Authoritys staff in light of the COVID-19 pandemic, a public hearing will be held before the Authority on August 18, 2022, at 9:00 a.m. solely via the following toll-free telephonic conference line in lieu of physical presence at the public hearing:

Those wishing to participate may call Dial in Number: 1-888-273-3658,

Access Code: 9045340

Any person or persons interested may appear before the Authority, via the teleconference line only, to present oral comments and suggestions and be heard as to the proposed issuance of 2022 Bonds and the location and nature of the Project to be financed with the 2022 Bonds. Interested individuals may also submit written comments to the Authority at 180 Association Drive, Charleston, West Virginia 25311 or to kris.e.warner@wv.gov on or before 9:00 a.m. on August 18, 2022.

This notice is given pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended.

Following said public hearing and at its regularly scheduled meeting at 11:00 a.m. on August 18, 2022, the Authority intends to vote on the adoption of the Resolution approving the issuance of its West Virginia Economic Development Authority, Solid Waste Disposal Facility Revenue Bonds (Wyoming County Coal LLC Project), Series 2022 and to take such other action as it deems proper.

Dated this August 2, 2022.

/s/ Matthew Irby

Secretary, West Virginia Economic Development Authority

Notes:
Meeting was approved : 8/3/2022 3:55:37 PM

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Monday, August 8, 2022 — 12:31 PM