ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT
On October 28, 2008, Westmoreland Resources, Inc. ("WRI"), a wholly-owned
subsidiary of Westmoreland Coal Company (the "Parent Company"), entered into a
30-day extension of its revolving line of credit with First Interstate Bank,
Billings, Montana ("FIB"). Borrowings during this extension period are limited
to $10,000,000, a reduction from the $20,000,000 of borrowings available prior
to the extension. The reduction in borrowing capacity was due to the withdrawal
of a participant bank from the credit facility. All other terms of the borrowing
remain the same during the extension period. Outstanding borrowings at
October 28, 2008 were $6.2 million. During the extension period, WRI will be
negotiating a renewal of the revolving line of credit with FIB and other
potential lending sources, as well as seeking other potential sources of equity
or debt financing. If the line of credit is renewed for $10 million, the Parent
Company will be required to obtain additional capital from other sources to pay
heritage and corporate obligations, and such capital may be required as soon as
December 2008. If the line of credit is renewed at the $20 million level, the
Parent Company will continue to seek additional sources of capital in order to
improve its overall liquidity position. If the line of credit is not renewed,
WRI will be required to repay the outstanding balance on the line at
November 28, 2008, which will likely deplete the Parent Company's cash reserves.
The cash flows from the Parent Company's operating subsidiaries, Westmoreland
Mining LLC, Westmoreland Partners (which operates the ROVA power plants), and
WRI, provide sufficient liquidity for each of those subsidiaries to continue
operations on a stand-alone basis. However, the Parent Company relies on
dividends from those subsidiaries, most significantly from WRI, to meet its
heritage and corporate obligations. As a result, the nonrenewal of the WRI
revolving line of credit or a renewal at the $10 million level, could result in
the Parent Company being unable to pay its heritage and corporate obligations as
they come due.
Forward Looking Statements. Statements made in this Current Report on Form
8-K relating to the Company's future liquidity, capital resources and
requirements and potential financing sources, and all other statements except
statements of historical fact, are forward-looking statements within the meaning
of Section 27A of the Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934. These statements are based on assumptions and estimates
that management believes are reasonable based on currently available
information; however, management's assumptions and the company's future
performance are both subject to a wide range of business risks and
uncertainties, including risks set forth under the heading "Risk Factors" in the
Company's Annual Report on Form 10-K for the year ended December 31, 2007 and
other filings with the Securities and Exchange Commission.