REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 6th, 2008 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
Registration Rights Agreement, dated as of March 4, 2008, by and among Westmoreland Coal Company, a Delaware corporation (“Company”), and the stockholders signatories hereto.
PLEDGE AGREEMENTPledge Agreement • March 6th, 2008 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
PLEDGE AGREEMENT, dated as of March 4, 2008, by and among Westmoreland Coal Company, a Delaware corporation (“Grantor” or “Borrower”); Westmoreland Resources, Inc. (“Guarantor”); and Tontine Capital Associates, L.P., a Delaware limited partnership, as Collateral Agent for Purchasers (as hereinafter defined) (together with its permitted successors in such capacity as the collateral agent, the “Collateral Agent”).
GUARANTYGuaranty • March 6th, 2008 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
Reference is hereby made to (i) that certain Senior Secured Convertible Note Purchase Agreement, dated as of March 4, 2008, by and among Westmoreland Coal Company (the “Company”), a Delaware corporation, Tontine Partners, L.P., a Delaware limited partnership, and Tontine Capital Partners, L.P., a Delaware limited partnership (each, “Purchaser” and collectively, “Purchasers”) and Tontine Capital Associates, L.P., a Delaware limited partnership, as Collateral Agent for Purchasers (together with its permitted successors in such capacity as the collateral agent, the “Collateral Agent”) (the “Note Purchase Agreement”), (ii) that certain Security Agreement, dated as of March 4, 2008, by and among the Guarantor, Purchasers and the Collateral Agent (the “Security Agreement”), (iii) that certain Pledge Agreement, dated as of March 4, 2008, by and among the Company, Guarantor, and Collateral Agent (the “Pledge Agreement”), and (iv) that certain First Interstate Business Loan Agreement by and bet
SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENT dated as of March 4, 2008 by and among WESTMORELAND COAL COMPANY, TONTINE PARTNERS, L.P. and TONTINE CAPITAL PARTNERS, L.P., as Purchasers and TONTINE CAPITAL ASSOCIATES, L.P., as Collateral AgentSenior Secured Convertible Note Purchase Agreement • March 6th, 2008 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENT, dated as of March 4, 2008, by and among Westmoreland Coal Company, a Delaware corporation (“Company”), Tontine Partners, L.P., a Delaware limited partnership and Tontine Capital Partners, L.P., a Delaware limited partnership, (each of the forgoing, “Purchaser” and collectively, “Purchasers”) and Tontine Capital Associates, L.P., a Delaware limited partnership as Collateral Agent (as defined herein).
SECURITY AGREEMENTSecurity Agreement • March 6th, 2008 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
Reference is hereby made to (i) that certain Senior Secured Convertible Note Purchase Agreement, dated as of March 4, 2008, by and among Westmoreland Coal Company, a Delaware corporation (the “Company”), Tontine Partners, L.P., a Delaware limited partnership, and Tontine Capital Partners, L.P., a Delaware limited partnership (each, “Purchaser” and collectively, “Purchasers”) and the Collateral Agent (the “Note Purchase Agreement”), (ii) that certain Pledge Agreement, dated as of March 4, 2008, by and among the Company, Grantor, Purchasers and the Collateral Agent (the “Pledge Agreement”) and (iii) that certain First Interstate Business Loan Agreement by and between Grantor and First Interstate Bank dated October 29, 2007, as in effect as of the date hereof (the “First Interstate Loan Agreement” and together with all related documents and agreements thereunder, the “First Interstate Loan Documents”).
