LOAN AND SECURITY AGREEMENT dated as of June 29, 2012 among THE PRIVATEBANK AND TRUST COMPANY, as Lender, AND WESTMORELAND COAL COMPANY WESTMORELAND ENERGY LLC, WESTMORELAND - NORTH CAROLINA POWER, L.L.C., WEI-ROANOKE VALLEY, INC., WESTMORELAND –...Loan and Security Agreement • July 3rd, 2012 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • Illinois
THIS LOAN AND SECURITY AGREEMENT (as amended, modified or supplemented from time to time, this “Agreement”) made this 29th day of June, 2012 by and among THE PRIVATEBANK AND TRUST COMPANY (“Lender”), and each of WESTMORELAND COAL COMPANY, a Delaware corporation (“Westmoreland Parent”), WESTMORELAND ENERGY LLC, a Delaware limited liability company (“Westmoreland Energy”), WESTMORELAND - NORTH CAROLINA POWER, L.L.C., a Virginia limited liability company (“Westmoreland NC”), WEI-ROANOKE VALLEY, INC., a Delaware corporation (“WEI”), WESTMORELAND – ROANOKE VALLEY, L.P., a Delaware limited partnership (“Westmoreland Roanoke”), WESTMORELAND PARTNERS, a Virginia general partnership (“Westmoreland”), WESTMORELAND RESOURCES, INC., a Delaware corporation (“Westmoreland Resources”), WESTMORELAND KEMMERER, INC., a Delaware corporation (“Kemmerer”), WESTMORELAND COAL SALES COMPANY, INC., a Delaware corporation (“Coal Sales”), WRI PARTNERS, INC., a Delaware corporation (“WRI”) and WCC LAND HOLDING CO
WESTMORELAND MINING LLCNote Purchase Agreement • July 3rd, 2012 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining
Reference is made to the Note Purchase Agreement, dated as of June 26, 2008 (the “Note 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 issuance and sale by the Company 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 herein shall have the respective meanings attributed thereto in the Note Agreement.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 3rd, 2012 • WESTMORELAND COAL Co • Bituminous coal & lignite surface mining • Pennsylvania
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT ("Amendment"), dated as of June 28, 2012, is made by and among WESTMORELAND MINING LLC, a Delaware limited liability company (the "Borrower"), the GUARANTORS (as defined in the Credit Agreement hereinafter referred to), EACH OF THE BANKS (as defined in the Credit Agreement), and PNC BANK, NATIONAL ASSOCIATION, as agent for the Banks (the "Agent").
