Westmoreland Coal Co (WLB): Jeffrey Gendell’s Tontine Capital Overseas Master Fund Bought 200K Shares

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Page 8 of 13 SEC Filing

 

Item 1.                   Security and Issuer

 

This Amendment No. 27 to Schedule 13D is being filed by the Reporting Persons to further amend the Schedule 13D originally filed on March 26, 1999 (the Original Schedule 13D), and amended on July 12, 2000, September 26, 2000, January 4, 2001, January 24, 2001, December 8, 2003, May 4, 2007, March 6, 2008, November 10, 2008, October 23, 2009, February 4, 2010, March 10, 2010, May 13, 2010, October 12, 2010, February 11, 2011, January 6, 2012, April 6, 2012, January 4, 2013, May 3, 2013, August 16, 2013, September 20, 2013, November 27, 2013, March 26, 2014, June 30, 2014, July 18, 2014, December 10, 2014 and November 2, 2015 (the Original Schedule 13D, together with the amendments, the Schedule 13D) by certain of the Reporting Persons relating to the common stock, $0.01 par value per share (the Common Stock), of Westmoreland Coal Company (the Company).  The Companys principal executive offices are located at 9540 South Maroon Circle, Suite 200, Englewood, Colorado 80112.

 

Item 2.      Identity and Background

 

(a)  This statement is filed by:

 

(i) Tontine Capital Management, L.L.C., a Delaware limited liability company (TCM), with respect to the shares of Common Stock directly owned by it;

 

(ii) Tontine Management, L.L.C., a Delaware limited liability company (TM), with respect to the shares of Common Stock directly owned by it;

 

(iii) Tontine Capital Overseas Master Fund II, L.P., a Cayman Islands limited partnership (TCP 2), with respect to shares of Common Stock directly owned by it;

 

(iv)  Tontine Asset Associates, L.L.C., a Delaware limited liability company (TAA), with respect to the shares of Common Stock directly owned by TCP 2;

 

(v) Tontine Associates, L.L.C., a Delaware limited liability company (TA), with respect to the shares of Common Stock directly owned by it; and

 

(vi)  Jeffrey L. Gendell (Mr. Gendell) with respect to the shares of Common Stock directly owned by each of Mr. Gendell, TCM, TM, TCP 2 and TA.

 

TCM, TM, TCP 2, TAA, TA and Mr. Gendell are hereinafter sometimes collectively referred to as the Reporting Persons.  Any disclosures herein with respect to persons other than the Reporting Persons are made on information and belief after making inquiry to the appropriate party.

 

(b)  The address of the principal business and principal office of each of TCM, TM, TCP 2, TAA and TA is 1 Sound Shore Drive, Greenwich, Connecticut 06830.  The business address of Mr. Gendell is 1 Sound Shore Drive, Greenwich, Connecticut 06830.

 

(c)  The principal business of TCP 2 is serving as a private investment limited partnership.  The principal business of TCM is serving as the general partner of Tontine Capital Partners, L.P., a Delaware limited partnership and an affiliate of the Reporting Persons (TCP).  The principal business of TM is serving as the general partner of certain investment funds affiliated with the Reporting Persons.  The principal business of TAA is serving as the general partner of TCP 2.  The principal business of TA is to serve as the fund manager of certain investment funds affiliated with the Reporting Persons.  Mr. Gendell serves as the managing member of TCM, TM, TAA and TA.

 

(d)  None of the Reporting Persons has, during the last five years, been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors).

 

(e)  None of the Reporting Persons has, during the last five years, been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and, as a result of such proceeding, was, or is subject to, a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, Federal or State securities laws or finding any violation with respect to such laws.

 

(f)  TCP 2 is a limited partnership organized under the laws of the Cayman Islands.  Each of TCM, TM, TAA and TA is a limited liability company organized under the laws of the State of Delaware. Mr. Gendell is a United States citizen.

 

Item 3.      Source and Amount of Funds or Other Consideration

 

TAA does not directly own any shares of Common Stock. All securities of the Company owned by the Reporting Persons were purchased with working capital and on margin.  The Reporting Persons margin transactions are with Wells Fargo Securities LLC and UBS Securities LLC, on each such firms usual terms and conditions.

 

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