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Full title: Sixth Motion for Entry of an Order Extending the Time Period to File and Serve Objections to Claims by the WLB Plan Administrator Filed by Debtor Westmoreland Coal Company (Attachments: # 1 Proposed Order) (Wertz, Jennifer) (Entered: 08/16/2021)

Document posted on Aug 15, 2021 in the bankruptcy, 10 pages and 0 tables.

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Pursuant to Article VIII.E of the WLB Plan, the WLB Plan Administrator was required to file objections to Claims on or before the Claims Objection Deadline, which is defined as “the later of: (a) 180 days after the Plan Effective Date; and (b) such other period of limitation as may be specifically fixed by the Bankruptcy Court upon a motion by the WLB Debtors, the plan Administrator, or the Claims Administrator, as applicable.”Accordingly, because the Effective Date of the WLB Plan occurred on March 15, 2019, and pursuant to the provision of Bankruptcy Rule 9006(a)(1) that states “if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday,” the WLB Debtors, or WLB Plan Administrator, as applicable, were required to file objections to Claims by no later than September 11, 2019, absent an extension of that deadline.On August 28, 2020, the Court entered its Order Extending the Time Period for the WLB Plan Administrator to File and Serve Objections to Claims (the “Third Extension Order,” and collectively with the First Extension Order and the Second Extension Order, the “Extension Orders”)On February 26, 2021, the Court entered its Fifth Order Extending the Time Period for the WLB Plan Administrator to File and Serve Objections to Claims (the “Fifth Extension Order,” and collectively with the First Extension Order and the Second Extension Order, and Third the “Extension Orders”)Without limiting the forgoing, due notice was afforded, whether by facsimile, electronic mail, overnight courier or hand delivery, to parties in interest, including (collectively, the “Notice Parties”): (a) the Office of the United States Trustee for the Southern District of Texas; (b) the Committee; (c) the indenture trustee under the WLB Debtors’ 8.75% senior secured notes due 2022; (d) the ad hoc group of lenders under the WLB Debtors’ prepetition term loan facility due 2020 and the WLB Debtors’ 8.75% senior secured notes due 2022; (e) the administrative agent under the WLB Debtors’ prepetition term loan facility due 2020; (f) the administrative agent under the WMLP Debtors’ term loan facility due 2018; (g) the ad hoc committee of certain lenders under the WMLP Debtors’ term loan facility due 2018; (h) the administrative agent under the WLB Debtors’ debtor-in-possession financing facility; (i) the lenders under the WLB Debtors’ debtor-in-possession financing facility; (j) counsel to the Conflicts Committee of the Board of Directors of Westmoreland Resources GP, LLC; (k) the United States Attorney’s Office for the Southern District of Texas; (l) the Internal Revenue Service; (m) the United States Environmental Protection Agency and similar state environmental agencies for states in which the Debtors conduct business; (n) the offices of the attorneys general for the states in which the Debtors operate; (o) the United States Securities and Exchange Commission; (

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § In re: § Chapter 11 § WESTMORELAND COAL COMPANY, et al.1 § Case No. 18-35672 (DRJ) § Debtors. § (Jointly Administered) § SIXTH MOTION FOR ENTRY OF AN ORDER EXTENDING THE TIME PERIOD TO FILE AND SERVE OBJECTIONS TO CLAIMS BY THE WLB PLAN ADMINISTRATOR This motion seeks an order that may adversely affect you. If you oppose the motion, you should immediately contact the moving party to resolve the dispute. If you and the moving party cannot agree, you must file a response and send a copy to the moving party. You must file and serve your response within 21 days of the date this was served on you. Your response must state why the motion should not be granted. If you do not file a timely response, the relief may be granted without further notice to you. If you oppose the motion and have not reached an agreement, you must attend the hearing. Unless the parties agree otherwise, the court may consider evidence at the hearing and may decide the motion at the hearing. Represented parties should act through their attorney. Jeffrey S. Stein, the WLB Plan Administrator for the WLB Liquidating Trust, respectfully states the following in support of this motion (this “Motion”): Relief Requested 1. The WLB Plan Administrator seeks entry of an order, substantially in the form attached hereto (the “Order”) (a) extending the Claims Objection Deadline,2 as extended by the 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 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 All capitalized terms used but otherwise not defined herein shall have the meanings set forth in the Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of its Debtor Affiliates [Docket No. 1556] (the “WLB Plan”).

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Extension Orders (as defined herein), by 180 days, through and including March 2, 2022, without prejudice to the right to request further extensions of the Claims Objection Deadline to the extent provided by the WLB Plan; and (b) granting related relief. Jurisdiction, Venue, and Procedural Background 2. The United States Bankruptcy Court for the Southern District of Texas (the “Court”) has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. The bases for the relief requested in this Motion are sections 105(a) of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”), and Rule 9006 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). 3. On October 9, 2018, each of the WLB Debtors filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code (the “Petition Date”). A detailed description of the facts and circumstances leading to these chapter 11 cases is set forth in the Declaration of Jeffery Stein, Chief Restructuring Officer of Westmoreland Coal Company, in Support of Chapter 11 Petitions and First Day Pleadings [Docket No. 54]. 4. 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] confirming the plan of reorganization of Westmoreland Coal Company and its Debtor affiliates other than the WMLP Debtors3 (the “WLB Plan”). 5. On March 15, 2019, the effective date of the WLB Plan occurred (the “Effective Date”). The WLB Plan authorizes Jeffrey Stein, in his capacity as the WLB Plan Administrator 3 Specifically, the WMLP Debtors are: (a) WMLP; (b) Westmoreland Kemmerer, LLC; (c) Oxford Mining Company, LLC; (d) Harrison Resources, LLC; (e) Oxford Mining Company-Kentucky, LLC; (f) Daron Coal Company, LLC; (g) Oxford Conesville, LLC; and (h) Westmoreland Kemmerer Fee Coal Holdings, LLC.

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(as set forth in the Plan) to file and prosecute claims objections. See Plan, Art. VIII.E. The WLB Plan authorizes Cullen D. Speckhart, the Claims Administrator, to object to or otherwise general unsecured claims. See Plan, Art. VI.B.1.4 The Claims Reconciliation Process 6. On November 11, 2018, the WLB Debtors filed their statements of financial affairs and schedules of assets, liabilities, current income, expenditures, executory contracts, and unexpired leases, as required by section 521 of the Bankruptcy Code (collectively, the “Schedules”). On November 15, 2018, the Court entered an order [Docket No. 524], that, among other things, established (a) December 12, 2018 at 5:00 p.m. (prevailing Central Time) as the deadline for all non-governmental entities holding or wishing to assert a “claim” (as defined in section 101(5) of the Bankruptcy Code) against any of the WLB Debtors that arose before the Petition Date to file a proof of such claim in writing and (b) April 8, 2019 at 5:00 p.m. (prevailing Central Time) as the deadline for all governmental entities holding or wishing to assert a “claim” (as defined in section 101(5) of the Bankruptcy Code) against any of the WLB Debtors that arose before the Petition Date to file a proof of such claim in writing. 7. On March 27, 2019, the Court entered the Order Approving Omnibus Claims Objection Procedures and Filing of Substantive Omnibus Objections [Docket No. 1651], approving the WLB Debtors’ proposed objection procedures (the “Objection Procedures”). 8. To date, entities have filed approximately 1,369 proofs of claim against the Debtors totaling over $2.772 billion in the aggregate for liquidated amounts. The WLB Plan 4 The Claims Administrator has also sought an extension of the Claims Objection Deadline. See WLB Liquidating Trust’s Emergency Motion for Entry of an Order Extending the Time Period to File and Serve Objections to Claims [ECF No. 2821].

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Administrator and his advisors have been working diligently to review these proofs of claim, including any supporting documentation filed therewith. 9. Pursuant to Article VIII.E of the WLB Plan, the WLB Plan Administrator was required to file objections to Claims on or before the Claims Objection Deadline, which is defined as “the later of: (a) 180 days after the Plan Effective Date; and (b) such other period of limitation as may be specifically fixed by the Bankruptcy Court upon a motion by the WLB Debtors, the plan Administrator, or the Claims Administrator, as applicable.” Accordingly, because the Effective Date of the WLB Plan occurred on March 15, 2019, and pursuant to the provision of Bankruptcy Rule 9006(a)(1) that states “if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday,” the WLB Debtors, or WLB Plan Administrator, as applicable, were required to file objections to Claims by no later than September 11, 2019, absent an extension of that deadline. 10. On September 5, 2019, the Court entered the Order Extending the Time Period for the WLB Debtors to File and Serve Objections to Claims (the “First Extension Order”) [ECF No. 2314], whereby the Court extended the time to file objections to Claims through March 9, 2020. 11. On March 9, 2020 the Court entered its Order Extending the Time Period for the WLB Plan Administrator to File and Serve Objections to Claims (“Second Extension Order”) [ECF No. 2883]. The Extension Order extended the Claim Objection Deadline to September 8, 2020. 12. On August 28, 2020, the Court entered its Order Extending the Time Period for the WLB Plan Administrator to File and Serve Objections to Claims (the “Third Extension Order,” and collectively with the First Extension Order and the Second Extension Order, the “Extension Orders”) [ECF No. 3117]. The Third Extension Order extended the Claim Objection Deadline to March 8, 2021.

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13. On February 26, 2021, the Court entered its Fifth Order Extending the Time Period for the WLB Plan Administrator to File and Serve Objections to Claims (the “Fifth Extension Order,” and collectively with the First Extension Order and the Second Extension Order, and Third the “Extension Orders”) [ECF No. 3229]. The Fifth Extension Order extended the Claim Objection Deadline to September 3, 2021. 14. The WLB Plan Administrator and his advisors are continuing the process of reviewing the proofs of claim filed against the WLB Debtors to determine the validity of such claims, and have worked to resolve the majority of such claims—including through objecting to such claims where necessary. More time is necessary, however, to complete review of certain surety bond claims and issues related thereto in order to fully wind down the claims process in these chapter 11 cases. Specifically, only one surety bond claim remains to be transferred pursuant to the terms of the WLB Plan. Therefore, more time is necessary, however, to complete the transfer of this surety bond claim, and potentially object to the claim in the event it is not withdrawn by the claimant.

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Basis for Relief 15. The WLB Plan expressly provides that the Court may extend the Claims Objection Deadline pass the initial 180-day deadline. See Plan, Art. VIII.E (defining Claims Objection Deadline). Moreover, section 105(a) of the Bankruptcy Code provides that the Court may issue any order that is necessary or appropriate to carry out the provisions of the Bankruptcy Code. 11 U.S.C. § 105(a). Pursuant to Bankruptcy Rule 9006(b)(1), “when an act is required or allowed to be done at or within a specified period . . . by order of the court, the court for cause may at any time in its discretion . . . with or without motion or notice order the period enlarged if the request therefore is made before the expiration of the period originally prescribed.” 16. To permit the WLB Plan Administrator sufficient time to complete review, analysis, and resolution of these remaining claims, the WLB Plan Administrator requests an additional 180-day extension of the Claims Objection Deadline, as extended by the Extension Orders. The WLB Plan Administrator and his advisors have analyzed and, in some cases, resolved or satisfied certain proofs of claim filed against the WLB Debtors during these chapter 11 cases, and to this end have also filed numerous omnibus claim objections. Although the WLB Plan Administrator and his advisors have completed the majority of the review process, certain issues related to surety proofs of claim remain. Out of an abundance of caution, the WLB Plan Administrator seeks to further extend the Claim Objection Deadline, as extended by the Extension Orders, to the extent issues arise related to such claims or such claims are not withdrawn. 17. The WLB Plan Administrator, and his advisors have worked tirelessly to review the more than 1,398 claims that were filed in the chapter 11 cases. The claims remaining that may be subject to an objection (the “Remaining Claims”) exist as a result of the large number of overall claims originally asserted, and the factual and legal complexities associated with certain claims.

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Rather than object to claims merely to satisfy the deadline in the Extension Orders, the WLB Plan Administrator believes it is in the best interests of the estates to further extend the deadline to ensure the remaining surety bond claims are resolved. 18. If the Claims Objection Deadline is not extended, the WLB Plan Administrator and creditors of the WLB Debtors would be highly prejudiced. An extension of the Claims Objection Deadline will ensure that the WLB Plan Administrator and his professionals complete the reconciliation process, do not unnecessarily forfeit valid defenses to claims, do not expend resources in objecting to claims that could otherwise be resolved consensually, and do not otherwise permit claims to be allowed in amounts that are not justified. Permitting the Remaining Claims to be allowed before the reconciliation process has been completed would result in windfalls for those claimants and unjustly dilute the recoveries of creditors with valid claims. 19. Accordingly, an extension of the Claims Objection Deadline, as extended by the Extension Orders, by 180 days, through and including March 2, 2022, is authorized by the Bankruptcy Code and the terms of the WLB Plan, and should be granted. Notice 20. Notice of the hearing on the relief requested herein has been provided in accordance and compliance with Bankruptcy Rules 4001 and 9014, as well as the Bankruptcy Local Rules, and is sufficient under the circumstances. Without limiting the forgoing, due notice was afforded, whether by facsimile, electronic mail, overnight courier or hand delivery, to parties in interest, including (collectively, the “Notice Parties”): (a) the Office of the United States Trustee for the Southern District of Texas; (b) the Committee; (c) the indenture trustee under the WLB Debtors’ 8.75% senior secured notes due 2022; (d) the ad hoc group of lenders under the WLB Debtors’ prepetition term loan facility due 2020 and the WLB Debtors’ 8.75% senior secured notes due

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2022; (e) the administrative agent under the WLB Debtors’ prepetition term loan facility due 2020; (f) the administrative agent under the WMLP Debtors’ term loan facility due 2018; (g) the ad hoc committee of certain lenders under the WMLP Debtors’ term loan facility due 2018; (h) the administrative agent under the WLB Debtors’ debtor-in-possession financing facility; (i) the lenders under the WLB Debtors’ debtor-in-possession financing facility; (j) counsel to the Conflicts Committee of the Board of Directors of Westmoreland Resources GP, LLC; (k) the United States Attorney’s Office for the Southern District of Texas; (l) the Internal Revenue Service; (m) the United States Environmental Protection Agency and similar state environmental agencies for states in which the Debtors conduct business; (n) the offices of the attorneys general for the states in which the Debtors operate; (o) the United States Securities and Exchange Commission; (p) the Pension Benefit Guaranty Corporation; (q) holders of the Objected Claims; and (r) any party that has requested notice pursuant to Bankruptcy Rule 2002. WHEREFORE, the WLB Plan Administrator respectfully requests entry of the Order, substantially in the form attached hereto, granting the relief requested herein and granting such other relief as is just and proper.

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Houston, Texas Dated: August 16, 2021 /s/ Jennifer F. Wertz Matthew D. Cavenaugh (Bar No. 24062656) Jennifer F. Wertz (Bar No. 24072822) Vienna F. Anaya (Bar No. 24091225) JACKSON WALKER L.L.P. 1401 McKinney Street, Suite 1900 Houston, Texas 77010 Telephone: (713) 752-4200 Facsimile: (713) 752-4221 Email: mcavenaugh@jw.com jwertz@jw.com vanaya@jw.com Co-Counsel to the WLB Plan Administrator

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Certificate of Service I certify that on the 16th of August 2021, I caused a copy of the foregoing document to be served by the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas. /s/ Jennifer F. Wertz Jennifer F. Wertz

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