UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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SCHEDULE 13G
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Under the Securities Exchange Act of 1934
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(Amendment No. )*
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Westmoreland Coal Company
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(Name of Issuer)
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Common Stock
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(Title of Class of Securities)
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960878106
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(CUSIP Number)
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January 6, 2016
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(Date of Event which Requires Filing of this Statement)
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1
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Names of Reporting Persons.
DG Capital Management, LLC
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [x]
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3
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SEC Use Only
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4
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Citizenship or Place of Organization.
Delaware
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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5 Sole Voting Power
0 shares
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6 Shared Voting Power
1,522,260 shares
Refer to Item 4 below.
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7 Sole Dispositive Power
0 shares
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8 Shared Dispositive Power
1,522,260 shares
Refer to Item 4 below.
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9
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Aggregate Amount Beneficially Owned by Each Reporting Person
1,522,260 shares
Refer to Item 4 below.
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10
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Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) [ ] N/A
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11
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Percent of Class Represented by Amount in Row (9)
8.4%
Refer to Item 4 below.
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12
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Type of Reporting Person (See Instructions)
IA (Investment Adviser)
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1
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Names of Reporting Persons.
Dov Gertzulin
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [x]
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3
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SEC Use Only
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4
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Citizenship or Place of Organization.
United States
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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5 Sole Voting Power
0 shares
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6 Shared Voting Power
1,522,260 shares
Refer to Item 4 below.
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7 Sole Dispositive Power
0 shares
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8 Shared Dispositive Power
1,522,260 shares
Refer to Item 4 below.
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9
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Aggregate Amount Beneficially Owned by Each Reporting Person
1,522,260 shares
Refer to Item 4 below.
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10
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Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) [ ] N/A
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11
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Percent of Class Represented by Amount in Row (9)*
8.4%
Refer to Item 4 below.
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12
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Type of Reporting Person (See Instructions)
IN
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Item 1.
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(a)
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Name of Issuer
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Westmoreland Coal Company
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(b)
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Address of Issuer’s Principal Executive Offices
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9540 South Maroon Circle, Suite 200
Englewood, Colorado
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Item 2.
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(a)
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Name of Person Filing
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DG Capital Management, LLC
Dov Gertzulin
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(b)
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Address of Principal Business Office or, if none, Residence
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460 Park Avenue, 22nd Floor
New York, NY 10022
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(c)
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Citizenship
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DG Capital Management, LLC - Delaware
Dov Gertzulin - United States
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(d)
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Title of Class of Securities
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Common Stock
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(e)
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CUSIP Number
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960878106
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Item 3.
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If this statement is filed pursuant to §§240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:
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(a)
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[ ]
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Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o).
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(b)
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[ ]
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Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).
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(c)
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[ ]
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Insurance Company as defined in Section 3(a)(19) of the Act
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(d)
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[ ]
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Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C 80a-8).
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(e)
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[X]
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An investment adviser in accordance with §240.13d-1(b)(1)(ii)(E);
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(f)
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[ ]
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An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F);
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(g)
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[ ]
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A parent holding company or control person in accordance with § 240.13d-1(b)(1)(ii)(G);
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(h)
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[ ]
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A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
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(i)
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[ ]
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A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);
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(j)
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[ ]
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A non-U.S. institution in accordance with §240.13d–1(b)(1)(ii)(J);
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(k)
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[ ]
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Group, in accordance with §240.13d-1(b)(1)(ii)(K).
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Item 4.
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Ownership***
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(a)
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Amount Beneficially Owned***
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DG Capital Management, LLC - 1,522,260 shares
Dov Gertzulin - 1,522,260 shares
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(b)
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Percent of Class
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DG Capital Management, LLC – 8.4%
Dov Gertzulin – 8.4%
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(c)
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Number of shares as to which such person has:
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(i)
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sole power to vote or to direct the vote
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DG Capital Management, LLC - 0 shares
Dov Gertzulin - 0 shares
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(ii)
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shared power to vote or to direct the vote
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DG Capital Management, LLC - 1,522,260 shares
Dov Gertzulin - 1,522,260 shares
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(iii)
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sole power to dispose or to direct the disposition of
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DG Capital Management, LLC - 0 shares
Dov Gertzulin - 0 shares
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(iv)
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shared power to dispose or to direct the disposition of
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DG Capital Management, LLC - 1,522,260 shares
Dov Gertzulin - 1,522,260 shares
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Item 5.
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Ownership of Five Percent or Less of a Class
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Item 6.
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Ownership of More than Five Percent on Behalf of Another Person
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A&J Contracting, LLC, a Delaware limited liability company, has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, more than five percent of the Issuer’s Common Stock.
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Item 7.
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Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company
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Not applicable.
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Item 8.
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Identification and Classification of Members of the Group
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Not applicable.
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Item 9.
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Notice of Dissolution of Group
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Not applicable.
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Item 10.
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Certification
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Exhibits
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Exhibit
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99.1
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Joint Filing Agreement by and between the Reporting Persons
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DG CAPITAL MANAGEMENT, LLC
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By: /s/ Dov Gertzulin
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Dov Gertzulin, Managing Member
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By: /s/ Dov Gertzulin
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Dov Gertzulin, Individually
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DG CAPITAL MANAGEMENT, LLC
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By: /s/ Dov Gertzulin
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Dov Gertzulin, Managing Member
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By: /s/ Dov Gertzulin
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Dov Gertzulin, Individually
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