No Event of Default; Compliance with Instruments. No event has occurred and is continuing and no condition exists or will exist after giving effect to the issue and sale of the Notes and the incurrence of Indebtedness evidenced thereby pursuant to the Note Purchase Agreement and the borrowings or other extensions of credit to be made on the Closing Date under or pursuant to the Loan Documents and the Financing Documents which constitutes an Event of Default or Potential Default. None of the Loan Parties or any Subsidiaries of any Loan Party is in violation of (i) any term of its Organizational Documents or (ii) any material agreement or instrument to which it is a party or by which it or any of its properties may be subject or bound where such violation would, either alone or together with all other such violations, constitute or be reasonably likely to constitute a Material Adverse Change. No default or event of default or basis for acceleration exists or, after giving effect to the borrowing or other extensions of credit made pursuant hereto, will exist under any instrument or agreement evidencing, providing for the issuance or securing of or otherwise relating to any Indebtedness of the Borrower or of any other Loan Party.
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Sources: Credit Agreement (WESTMORELAND COAL Co), Credit Agreement (Westmoreland Coal Co)
No Event of Default; Compliance with Instruments. No event has occurred and is continuing and no condition exists or will exist after giving effect to the issue and sale of the Notes and the incurrence of the Indebtedness evidenced thereby pursuant thereby, and to the Note Purchase Agreement and the borrowings or other extensions of credit to be made on the Closing Date under or pursuant to the Loan Financing Documents and the Bank Financing Documents Documents, which constitutes an Event of Default or Potential Default. None No Obligor and no Subsidiary of the Loan Parties or any Subsidiaries of any Loan Party an Obligor is in violation of (i) any term of its Organizational Documents or (ii) any material agreement or instrument to which it is a party or by which it or any of its properties may be subject or bound where such violation would, either alone or together with all other such violations, constitute or be reasonably likely to constitute a Material Adverse Change. No default or event of default or basis for acceleration exists or, after giving effect to the borrowing or other extensions issuance and sale of credit made the Notes pursuant hereto, will exist under any instrument or agreement evidencing, providing for the issuance or securing of or otherwise relating to any Indebtedness of the Borrower Company or of any other Loan PartyObligor.
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