UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

SCHEDULE 13G

 

Under the Securities Exchange Act of 1934
(Amendment No. 1)*

 

Westmoreland Coal Company

 

Common Stock

(Title of Class of Securities)

 

960878106

(CUSIP Number)

 

December 31, 2016

(Date of Event which Requires Filing of this Statement)

 

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

 

[_] Rule 13d-1(b)

 

[X] Rule 13d-1(c)

 

[_] Rule 13d-1(d)

 

 

^* The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

 

The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 

 

CUSIP: 960878106

 

1.		NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)   DG Capital Management,LLC
2.		CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP( see instructions ) (a) [_] (b) [X]
3.		SEC USE ONLY
4.		CITIZENSHIP OR PLACE OF ORGANIZATION   Delaware , U.S.A.

 

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH

 

5.		SOLE VOTING POWER
		0
6.		SHARED VOTING POWER
		0
7.		SOLE DISPOSITIVE POWER
		0
8.		SHARED DISPOSITIVE POWER
		0
9.		AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
		0
10.		CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES ( see instructions )
		[_]
11.		PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
		0
12.		TYPE OF REPORTING PERSON ( see instructions )
		IA

 

 

CUSIP: 960878106

 

1.		NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)   Dov Gertzulin
2.		CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP( see instructions ) (a) [_] (b) [X]
3.		SEC USE ONLY
4.		CITIZENSHIP OR PLACE OF ORGANIZATION   United States

 

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH

 

5.		SOLE VOTING POWER
		0
6.		SHARED VOTING POWER
		0
7.		SOLE DISPOSITIVE POWER
		0
8.		SHARED DISPOSITIVE POWER
		0
9.		AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
		0
10.		CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES ( see instructions )
		[_]
11.		PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
		0
12.		TYPE OF REPORTING PERSON ( see instructions )
		IN, HC

 

 

Item 1.	(a)	Name of Issuer   Westmoreland Coal Company
	(b)	Address of Issuer’s Principal Executive Offices   9540 South Maroon Circle, Suite 200 Englewood, Colorado

 

Item 2.	(a)	Name of Person Filing   DG Capital Management, LLC Dov Gertzulin
	(b)	Address of the Principal Office or, if none, residence   460 Park Avenue, 22nd Floor New York, NY 10022
	(c)	Citizenship
		DG Capital Management, LLC - Delaware, U.S.A.
		Dov Gertzulin - United States
	(d)	Title of Class of Securities   Common Stock
	(e)	CUSIP: 960878106

 

 

Item 3.	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:
	N/A
Item 4.	Ownership.
	Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.

 

	(a)	Amount beneficially owned*:
		DG Capital Management, LLC: 0
		Dov Gertzulin: 0
	(b)	Percent of class:
		DG Capital Management, LLC: 0%
		Dov Gertzulin: 0%
	(c)	Number of shares as to which each person has:

 

	(i)	Sole power to vote or to direct the vote
		DG Capital Management, LLC: 0
		Dov Gertzulin: 0
	(ii)	Shared power to vote or to direct the vote
		DG Capital Management, LLC: 0
		Dov Gertzulin: 0
	(iii)	Sole power to dispose or to direct the disposition of
		DG Capital Management, LLC: 0
		Dov Gertzulin: 0
	(iv)	Shared power to dispose or to direct the disposition of
		DG Capital Management, LLC: 0
		Dov Gertzulin: 0

 

 

Item 5.	Ownership of Five Percent or Less of a Class.
	If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [ X ].
Item 6.	Ownership of More Than Five Percent on Behalf of Another Person.
	If any other person is known to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, such securities, a statement to that effect should be included in response to this item and, if such interest relates to more than five percent of the class, such person should be identified. A listing of the shareholders of an investment company registered under the Investment Company Act of 1940 or the beneficiaries of employee benefit plan, pension fund or endowment fund is not required.
	N/A
Item 7.	Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company or Control Person.
	If a parent holding company or control person has filed this schedule, pursuant to Rule 13d-1(b)(1)(ii)(G), so indicate under Item 3(g) and attach an exhibit stating the identity and the Item 3 classification of the relevant subsidiary. If a parent holding company or control person has filed this schedule pursuant to Rule 13d-1(c) or Rule 13d-1(d), attach an exhibit stating the identification of the relevant subsidiary.
	N/A
Item 8.	Identification and Classification of Members of the Group.
	If a group has filed this schedule pursuant to §240.13d-1(b)(1)(ii)(J), so indicate under Item 3(j) and attach an exhibit stating the identity and Item 3 classification of each member of the group. If a group has filed this schedule pursuant to Rule 13d-1(c) or Rule 13d-1(d), attach an exhibit stating the identity of each member of the group.
	N/A
Item 9.	Notice of Dissolution of the Group.
	Notice of dissolution of a group may be furnished as an exhibit stating the date of the dissolution and that all further filings with respect to transactions in the security reported on will be filed, if required, by members of the group, in their individual capacity. See Item 5.
	N/A
Item 10.	Certification.
	By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

 

 

SIGNATURE

 

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

 

Dated: February 10, 2017	DG Capital Management, LLC
	By:	/s/ Dov Gertzulin
		Dov Gertzulin, Managing Member
	Dov Gertzulin
	By:	/s/ Dov Gertzulin
		Dov Gertzulin, Individually