ContractFifth Supplemental Indenture • August 6th, 2014 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • New York
FIFTH SUPPLEMENTAL INDENTURE is entered into as of July 31, 2014 (this “Fifth Supplemental Indenture”), by and among Westmoreland Coal Company, a Delaware corporation (the “Issuer”), Westmoreland Partners, a Virginia partnership (the “Co-Issuer” and, together with the Issuer, the “Issuers”), Westmoreland Mining LLC, a Delaware limited liability company (“WML”), Western Energy Company, a Montana corporation, Texas Westmoreland Coal Co., a Montana corporation, Westmoreland Savage Corporation, a Delaware corporation, and Dakota Westmoreland Corporation, a Delaware corporation (together, the “New Guarantors”), and Wells Fargo Bank, National Association, as trustee under the Original Indenture referenced below (the “Trustee”), and Wells Fargo Bank, National Association, as note collateral agent under the Original Indenture referenced below (the “Note Collateral Agent”).
SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF WESTMORELAND MINING LLCLimited Liability Company Agreement • August 6th, 2014 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • Delaware
This Second Amended and Restated Limited Liability Company Agreement (together with the schedules attached hereto, this “Agreement”) of Westmoreland Mining LLC (the “Company”), is entered into by Westmoreland Coal Company, a Delaware corporation, as the sole equity member (the “Member”), and Kenneth J. Uva, as the Independent Manager (as defined on Schedule A hereto). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.
