SEVENTH SUPPLEMENTAL INDENTURESeventh Supplemental Indenture • June 11th, 2018 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • New York
THIS SEVENTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of June 5, 2018, among Westmoreland Coal Company, a Delaware corporation (the “Issuer”), the other Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”) and as collateral agent under the Indenture referred to below (the “Notes Collateral Agent”).
INTERCREDITOR AGREEMENT dated as of June 5, 2018 by and amongIntercreditor Agreement • June 11th, 2018 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • New York
This INTERCREDITOR AGREEMENT is dated as of June 5, 2018 and entered into by and among WESTMORELAND COAL COMPANY, a Delaware corporation (the “Issuer”), the Grantors (as defined below) party hereto, WILMINGTON SAVINGS FUND SOCIETY, FSB, in its capacity as administrative agent for the lenders party to the Bridge Loan Agreement (as defined below) (together with its successors, the “Bridge Loan Agent”), U.S. BANK NATIONAL ASSOCIATION, in its capacity as Notes Collateral Agent for the holders of the Indenture Secured Parties (as defined below) (together with its successors in such capacity, the “Notes Collateral Agent”) and WILMINGTON SAVINGS FUND SOCIETY, FSB, as collateral agent for the Credit Agreement Secured Parties (as defined below) (together with its successors, the “Term Loan Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
