ContractSecond Supplemental Indenture • February 12th, 2014 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of February 3, 2014 (this “Second Supplemental Indenture”), to the Indenture dated as of February 4, 2011 (the “Original Indenture”), by and among Westmoreland Coal Company, a Delaware corporation (the “Issuer”), Westmoreland Partners, a Virginia partnership (the “Co-Issuer”), the guarantors parties thereto (the “Guarantors”), Wells Fargo Bank, National Association, as trustee (the “Trustee”), and Wells Fargo Bank, National Association, as note collateral agent (the “Note Collateral Agent”), as amended and supplemented by the Supplemental Indenture dated as of January 21, 2012 among the Issuer, the Co-Issuer, the Guarantors, the Trustee and the Note Collateral Agent (the “First Supplemental Indenture” and, the Original Indenture, as amended and supplemented by the First Supplemental Indenture, the “Indenture”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • February 12th, 2014 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • New York
THIS PLEDGE AND SECURITY AGREEMENT is made as of February 7, 2014 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) by Westmoreland Escrow Corporation, a Delaware corporation (the “Pledgor”), and Wells Fargo Bank, National Association, as collateral agent (the “Collateral Agent”), for the benefit of the Secured Parties (as defined below).
WESTMORELAND ESCROW CORPORATION and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent INDENTURE Dated as of February 7, 2014 10.750% Senior Secured NotesIndenture • February 12th, 2014 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • New York
INDENTURE dated as of February 7, 2014 among WESTMORELAND ESCROW CORPORATION, a Delaware corporation, and its successors, but not any of its subsidiaries (the “Issuer”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, as trustee (in such capacity, the “Trustee”) and as the collateral agent (in such capacity, the “Collateral Agent”). The terms of the Notes include those set forth in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act.
