WESTMORELAND MINING LLC 2 North Cascade Avenue 2nd Floor Colorado Springs, Colorado 80903 WAIVER AND CONSENTWaiver and Consent • October 9th, 2009 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
Reference is made to the Amended and Restated Credit Agreement, dated as of June 26, 2008 (the "Credit Agreement”), by and among Westmoreland Mining LLC, a Delaware limited liability company (the “Company”), each of the Guarantors referred to therein, each of the Banks referred to therein, and PNC Bank, National Association, in its capacity as agent (the “Agent”). Capitalized terms used and not otherwise defined in this letter (this “Waiver and Consent”) shall have the respective meanings attributed thereto in the Credit Agreement.
WESTMORELAND MINING LLCWaiver and Consent • October 9th, 2009 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
Reference is made to the Note Purchase Agreement, dated as of June 26, 2008 (the “Note Purchase Agreement”), by and among Westmoreland Mining LLC, a Delaware limited liability company (the “Company”), each of the Guarantors referred to therein, and each of the institutional investors identified in Schedule A thereto, providing, inter alia, for the issue and sale by the Company and the purchase by such investors of the Company’s 8.02% Senior Guaranteed Secured Notes due March 31, 2018 (the “Notes”) in the original aggregate principal amount of $125,000,000. Capitalized terms used and not otherwise defined in this letter (this “Waiver and Consent”) shall have the respective meanings attributed thereto in the Note Purchase Agreement.
