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Administrative Law

Meeting Notice Detail

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West Virginia Economic Development Authority
Economic Development Authority Board of Directors
Date/Time: 12/8/2022 -- 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

(SUNDIAL MINING PROJECT), SERIES 2022A

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 special meeting to be held on December 8, 2022, at 11:00 a.m., prevailing time, to consider for approval the issuance of its Solid Waste Disposal Facility Revenue Bonds (Sundial Mining LLC Project), Series 2022A in an amount not to exceed $48,591,675 (the 2022A Bonds), pursuant to Chapter 31, Article 15 of the West Virginia Code of 1931, as amended, to assist Sundial Mining LLC, a Delaware 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 Raleigh County, West Virginia and utilized with respect to an existing coal mine and related facilities which will produce an estimated 200,000 tons of premium, High-Vol A coking coal and 200,000 tons of thermal coal annually for sale primarily into the growing global marketplace, to fund a reserve fund for the 2022A Bonds and to pay certain costs of issuing the 2022A Bonds (collectively, the Project). The Project is located generally at 8641 Coal River Road, Naoma, Raleigh County, West Virginia. The Company will be the owner and the principal user of the Project. The 2022A Bonds shall be titled the West Virginia Economic Development Authority, Solid Waste Disposal Facility Revenue Bonds (Sundial Mining LLC Project), Series 2022A. The Company has engaged Piper Sandler & Co. to act as underwriter with respect to the 2022A Bonds. The Company expects the 2022A Bonds to be marketed by March 31, 2023. In addition to the issuance of 2022A Bonds the Authority also expects to issue its Taxable Industrial Facility Revenue Bonds (Sundial Mining LLC Project), Series 2022B (the 2022B Bonds) in an aggregate principal amount which when combined with the aggregate principal amount of the 2022A Bonds will not exceed $50,000,000.

The Authority shall have no financial obligation or liability of any kind in connection with payment of the principal of or interest on the 2022A Bonds. The 2022A 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 2022A 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 November 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 2022A Bonds and the location and nature of the Project to be financed with the 2022A Bonds. Interested individuals may also submit written comments to the Authority at 180 Association Drive, Charleston, West Virginia 25311 or to caren.d.wilcher@wv.gov on or before 9:00 a.m. on December 8, 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 special scheduled meeting at 11:00 a.m. on December 8, 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 (Sundial Mining LLC Project), Series 2022A and to take such other action as it deems proper.

Dated this December 1, 2022.

/s/ Matthew Irby

Secretary, West Virginia Economic Development Authority

Notes:
Meeting was accepted : 11/30/2022 9:35:14 AM

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