HTML Document View

Full title: Stipulation and Agreed Order Signed on 6/9/2021 (Related document(s):3222 Objection to Claim, 3256 Stipulation) (emiller) (Entered: 06/11/2021)

Document posted on Jun 8, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

1364/550.1 and 1354/547.1] (the “U.S. DOI Claims”) are withdrawn as to the WLBDebtors1 and the Clerk of Court and the claims agent in these chapter 11 cases areauthorized and directed to update the claims register maintained in these cases toreflect the foregoing.The U.S. Department of Interior shall not claim or receive adistribution from the WLB Liquidating Trust on account of the U.S. DOI Claims.Nothing in this order has any effect on any provisions of the Order Confirming theAmended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of ItsDebtor AffiliatesUnited States Bankruptcy Judge UNITED STATES BANKRUPTCY JUDGE 1 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the WLB Liquidating Trust’s Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims (the “Thirty-Fourth Omnibus Claims Objection”) Counsel to the Claims Administrator of the WLB Liquidating Trust /s/ Richard Kincheloe Richard Kincheloe

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ENTERED 06/11/2021 In re: § § Case No. 18-35672 Westmoreland Coal Company, et al., § § Chapter 11 Debtors. § STIPULATION AND AGREED ORDER (Docket No. 3256) Based on the agreement of the parties, it is hereby ORDERED THAT: 1. The proofs of claim filed by the U.S. Department of Interior [Claim Nos. 1364/550.1 and 1354/547.1] (the “U.S. DOI Claims”) are withdrawn as to the WLBDebtors1 and the Clerk of Court and the claims agent in these chapter 11 cases areauthorized and directed to update the claims register maintained in these cases toreflect the foregoing. The U.S. Department of Interior shall not claim or receive adistribution from the WLB Liquidating Trust on account of the U.S. DOI Claims. 2. The Thirty-Fourth Omnibus Objection is moot with respect to the U.S. DOI Claims. 3. Nothing in this order has any effect on any provisions of the Order Confirming theAmended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of ItsDebtor Affiliates [Doc. No. 1561], the order approving the sale of the Kemmerermine and certain other assets [Doc. No. 1966], or any other sale approval orderentered in the above-captioned bankruptcy cases. 4. Neither the withdrawal of the U.S. DOI Claims nor anything else in this Stipulationand Agreed Order have any effect on the United States’ setoff or recoupment rights,to the extent any such rights exist. Signed this ______ day of ____________________, 2021. Signed: June 09, 2021. ____________________________________ ____________________________________ David R. Jones, DAVID R. JONES United States Bankruptcy Judge UNITED STATES BANKRUPTCY JUDGE 1 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the WLB Liquidating Trust’s Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims (the “Thirty-Fourth Omnibus Claims Objection”) [Doc. No. 3222].

1

IN WITNESS WHEREOF, the Parties, by their authorized counsel, executed this Stipulation and Agreed Order as of the date written below. Dated: May 27, 2021 /s/ Cullen D. Speckhart Cullen D. Speckhart (S.D. Tex. Bar No. 2158405) COOLEY LLP 1299 Pennsylvania Avenue, NW, Suite 700 Washington, DC 20004 Telephone: (202) 842-7800 Direct: (202) 728-7094 Email: cspeckhart@cooley.com Claims Administrator of the WLB Liquidating Trust -and- Olya Antle (admitted pro hac vice) COOLEY LLP 1299 Pennsylvania Avenue, NW, Suite 700 Washington, DC 20004 Telephone: (202) 842-7800 Direct: (202) 728-7094 Email: oantle@cooley.com Counsel to the Claims Administrator of the WLB Liquidating Trust /s/ Richard Kincheloe Richard Kincheloe Assistant United States Attorney United States Attorney's Office Southern District of Texas 1000 Louisiana Street, Suite 2300 Houston, Texas 77002 Phone: (713) 567-9422 Fax: (713) 718-3303 Email: Richard.Kincheloe@usdoj.gov Attorney for the United States

2