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Full title: Stipulation and Agreed order Between the WLB Debtors, the WMLP Debtors, and the United States Regarding the Black Lung Claims Signed on 3/25/2021 (Related document(s):3242 Stipulation) (VrianaPortillo) (Entered: 03/25/2021)

Document posted on Mar 24, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

This stipulation and agreed order (this “Stipulation”) is made this 24th day of March, 2021 by each of the above-captioned debtors and debtors-in-possession (including the “WLB Debtors”2 and the “WMLP Debtors”) and the United States of America (“United States”), on behalf of its Department of Labor (the “DOL”) (collectively with the WLB Debtors and the WMLP Debtors, the “Parties”).WHEREAS, on October 9, 2018, each of the WLB Debtors and the WMLP Debtors filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code; 1 Due to the large number of debtors in these chapter 11 cases, for which joint administration has been granted, a complete list of the debtors and the last four digits of their tax identification, registration, or like numbers is not provided herein.WHEREAS, on March 2, 2019, the Court entered the Order Confirming the Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of Its Debtor Affiliates [Docket No. 1561], and on March 15, 2019, the effective date of the WLB Plan occurred [Docket No. 1608]; WHEREAS, on March 15, 2019, the WMLP Debtors filed the Joint Plan of Liquidation for the WMLP Debtors [Docket No. 1612], and on June 5, 2019, the WMLP Debtors filed the Amended Joint Plan of Liquidation for the WMLP Debtors, as Modified [Docket No. 1962]Stipulation isintended or shall be construed to modify the terms of any order entered in these chapter 11 cases or to alter the respective rights and obligations of the parties thereunder, which shall remain in full force and effect, including, without limitation, the orders confirming the chapter 11 plans of the WLB Debtors and WMLP Debtors, the releases set forth therein, the exceptions to those releases, and the opt-outs from those releases.The United States expressly reserves, and this Stipulation is without prejudice to,all claims, demands, and causes of action, either judicial or administrative, past, present, or future, in law or equity, against any Persons or Entities (including, without limitation, any insurers or sureties) other than the WLB Parties and the WMLP Parties; provided that the foregoing does not alter the orders confirming the chapter 11 plans of the WLB Debtors and WMLP Debtors, including but not limited to the releases set forth therein, the exceptions to those releases, and/or the opt-outs from those releases.

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ENTERED 03/25/2021 ) In re: ) Chapter 11 ) WESTMORELAND COAL COMPANY, et al.,1 ) Case No. 18-35672 (DRJ) ) Debtors. ) (Jointly Administered) ) STIPULATION AND AGREED ORDER BETWEEN THE WLB DEBTORS, THE WMLP DEBTORS, AND THE UNITED STATES REGARDING THE BLACK LUNG CLAIMS (Docket No. 3242) This stipulation and agreed order (this “Stipulation”) is made this 24th day of March, 2021 by each of the above-captioned debtors and debtors-in-possession (including the “WLB Debtors”2 and the “WMLP Debtors”) and the United States of America (“United States”), on behalf of its Department of Labor (the “DOL”) (collectively with the WLB Debtors and the WMLP Debtors, the “Parties”). Recitals WHEREAS, on October 9, 2018, each of the WLB Debtors and the WMLP Debtors filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code; 1 Due to the large number of debtors in these chapter 11 cases, for which joint administration has been granted, a complete list of the debtors and the last four digits of their tax identification, registration, or like numbers is not provided herein. A complete list of such information may be obtained on the website of the Debtors’ claims and noticing agent in these chapter 11 cases at www.donlinrecano.com/westmoreland. Westmoreland Coal Company’s service address for the purposes of these chapter 11 cases is 9540 South Maroon Circle, Suite 300, Englewood, Colorado 80112. 2 The term “WLB Debtors” refers to all debtors except for Westmoreland Resources, GP, LLC, Westmoreland Resource Partners, LP, or their subsidiaries, which are collectively referred to as the “WMLP Debtors.”

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WHEREAS, on February 28, 2019, the WLB Debtors filed the Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of Its Debtor Affiliates [Docket No. 1532] (as amended, the “WLB Plan”);3 WHEREAS, on March 2, 2019, the Court entered the Order Confirming the Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of Its Debtor Affiliates [Docket No. 1561], and on March 15, 2019, the effective date of the WLB Plan occurred [Docket No. 1608]; WHEREAS, on March 15, 2019, the WMLP Debtors filed the Joint Plan of Liquidation for the WMLP Debtors [Docket No. 1612], and on June 5, 2019, the WMLP Debtors filed the Amended Joint Plan of Liquidation for the WMLP Debtors, as Modified [Docket No. 1962] (as amended, the “WMLP Plan”); WHEREAS, on June 5, 2019, the Court entered the Order Approving Disclosure Statement and Confirming Amended Joint Plan of Liquidation for the WMLP Debtors, As Modified [Docket No. 1967], and on June 21, 2019, the effective date of the WMLP Plan occurred [Docket No. 2068]; WHEREAS, on April 5, 2019, DOL filed Claim No. 546 (the “United States’ Black Lung Claim”); WHEREAS, the WLB Plan provides that Black Lung Claims shall be treated as general unsecured claims; WHEREAS, the WMLP Plan provides that Black Lung Claims shall be treated as general unsecured claims; 3 Terms capitalized but not defined herein shall have the meanings ascribed to them in the WLB Plan or the WMLP Plan (as defined herein), as applicable.

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WHEREAS, the WLB Debtors, the WMLP Debtors, and the United States have agreed on the amount and treatment of the United States’ Black Lung Claim according to the terms set forth herein; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, AND UPON APPROVAL BY THE COURT OF THIS STIPULATION, IT IS SO ORDERED AS FOLLOWS: Order 1. Upon execution and Court approval of this Stipulation, the United States’ BlackLung Claim is hereby amended as a claim in the amount of $17,956,026.64 against Westmoreland Coal Co., which claim is allowed in full and shall constitute a timely filed Class 4 General Unsecured Claim for distribution purposes under the WLB Plan (the “WLB Black Lung Claim”). 2. Upon execution and Court approval of this Stipulation, the United States’ BlackLung Claim is hereby amended as a claim in the amount of $1,146,129.36 against Westmoreland Resources, GP, LLC, which claim is allowed in full and shall constitute a timely filed Class 4 General Unsecured Claim for distribution purposes under the WMLP Plan. 3. Except as otherwise expressly set forth herein, nothing in this Stipulation isintended or shall be construed to modify the terms of any order entered in these chapter 11 cases or to alter the respective rights and obligations of the parties thereunder, which shall remain in full force and effect, including, without limitation, the orders confirming the chapter 11 plans of the WLB Debtors and WMLP Debtors, the releases set forth therein, the exceptions to those releases, and the opt-outs from those releases. 4. The United States expressly reserves, and this Stipulation is without prejudice to,all claims, demands, and causes of action, either judicial or administrative, past, present, or future, in law or equity, against any Persons or Entities (including, without limitation, any insurers or

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sureties) other than the WLB Parties and the WMLP Parties; provided that the foregoing does not alter the orders confirming the chapter 11 plans of the WLB Debtors and WMLP Debtors, including but not limited to the releases set forth therein, the exceptions to those releases, and/or the opt-outs from those releases. The United States also specifically reserves, and this Stipulation is without prejudice to, any action based on a failure to meet a requirement of this Stipulation. 5. Each Party represents that it possesses full power and authority to execute, deliver,and perform its respective obligations under this Stipulation, and that each person executing this Stipulation on its behalf is duly authorized to execute and deliver this Stipulation. 6. This Stipulation shall only be effective after it is approved and entered by the Court. 7. This Stipulation may be executed in identical counterparts, including by email, eachof which shall be deemed an original, but all of which together constitute one and the same document. 8. The Parties acknowledge that this Stipulation is the joint work product of all of theParties, and that, accordingly, in the event of ambiguities, no inferences shall be drawn against any Party on the basis of authorship of this Stipulation. 9. The Court shall retain non-exclusive jurisdiction to resolve any dispute arising fromor related to the interpretation or enforcement of this Stipulation. THE FOREGOING STIPULATION IS HEREBY APPROVED AND SO ORDERED. Dated:_____ Signed: March 25, 2021. Houston, Texas ____________________________________ DAVID R. JONES DAVID R. JONES UNITED STATES BANKRUPTCY JUDGE UNITED STATES BANKRUPTCY JUDGE

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Houston, Texas March 24, 2021 /s/ Gregory F. Pesce Gregory F. Pesce (admitted pro hac vice) KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Email: gregory.pesce@kirkland.com Counsel to Westmoreland Coal Company and the WMLP Debtors /s/ Seth B. Shapiro Ruth A. Harvey Margaret M. Newell Seth B. Shapiro (D.C. Bar No. 433988) Christopher K. VanDeusen UNITED STATES DEPARTMENT OF JUSTICE P.O. Box 875 Ben Franklin Station Washington, DC 20005 Telephone: (202) 514-7164 Email: seth.shapiro@usdoj.gov Counsel for the United States, on behalf of the Department of Labor