0001035704-07-000506 Sample Contracts

AMENDED AND RESTATED FIRST AMENDMENT TO STANDBY PURCHASE AGREEMENT
Standby Purchase Agreement • July 12th, 2007 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York

This AMENDED AND RESTATED FIRST AMENDMENT TO STANDBY PURCHASE AGREEMENT (this “Amendment”), dated as of July 3, 2007, by and among Westmoreland Coal Company, a Delaware corporation (the “Company”), Tontine Capital Partners, L.P., a Delaware limited partnership (“Standby Purchaser”), and Silverhawk Capital Partners GP, LLC, a Delaware limited liability company (“Additional Purchaser”), amends that certain Standby Purchase Agreement (the “Original Agreement”), dated as of May 2, 2007, by and between the Company and Standby Purchaser.

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