JPMORGAN CHASE BANK, N. A, whose principal place of business in England is at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX (the “Custodian”); and
JPMORGAN CHASE BANK, N. A., as Revolving Credit Agent, and as authorized representative of the Revolving Credit Claimholders By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President Notice Address: JPMorgan Chase Bank, N.A. IB/ABL Portfolio Management Group 000 Xxxx Xxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attention: Xxxx X’Xxxxx [INTERCREDITOR AGREEMENT] Collateral Trustee THE BANK OF NEW YORK, as Collateral Trustee and as authorized representative of the Secured Debt Representatives and Secured Debt Claimholders By: /s/ Xxxxxxxx Xxxxxxxxx Name: XXXXXXXX XXXXXXXXX Title: VICE PRESIDENT Notice Address: The Bank of New York 000 Xxxxxxx Xxxxxx, Floor 8W New York, NY 10286 Attention: Xxxxxxxx Xxxxxxxxx, Vice President Telecopier: (000) 000-0000 Email: xxxxxxxxxx@xxxxxxxx.xxx [INTERCREDITOR AGREEMENT] Notes Agent XXXXXXX SACHS CREDIT PARTNERS L.P., as Notes Agent By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director Notice Address: Xxxxxxx Xxxxx Credit Partners L.P. 00 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxx Telecopier: (000) 000-0000 With a copy to: Xxxxxxx Xxxxx Credit Partners L.P. 00 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxxxxx Telecopier: (000) 000-0000 [INTERCREDITOR AGREEMENT] Acknowledged and Agreed to by: Company NEWPAGE CORPORATION By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Treasurer Notice Address: NewPage Corporation Xxxxxxxxxx Xxxxx X.X. Xxxxxx, XX 00000 Holdings NEWPAGE HOLDING CORPORATION By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Treasurer Notice Address: NewPage Holding Corporation Xxxxxxxxxx Xxxxx X.X. Xxxxxx, XX 00000 [INTERCREDITOR AGREEMENT] Subsidiary Guarantors CHILLICOTHE PAPER INC. WICKLIFFE PAPER COMPANY By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Treasurer ESCANABA PAPER COMPANY MEADWESTVACO MARYLAND, INC. (to be named LUKE PAPER COMPANY) MEADWESTVACO OXFORD CORPORATION (to be named RUMFORD PAPER COMPANY) MEADWESTVACO ENERGY SERVICES LLC (to be named NEWPAGE ENERGY SERVICES LLC) UPLAND RESOURCES, INC. By: /s/ Xxxxx X.Xxxxx Name: Xxxxx X.Xxxxx Title: President RUMFORD COGENERATION, INC. RUMFORD FALLS POWER COMPANY By: /s/ Xxxxx X.Xxxxx Name: Xxxxx X.Xxxxx Title: Chief Executive Officer Notice Address of Subsidiary Guarantors: c/o NewPage Corporation Xxxxxxxxxx Xxxxx X.X. Xxxxxx, XX 00000 [INTERCREDITOR AGREEMENT]
JPMORGAN CHASE BANK, N. A. shall have the same rights and powers under this Agreement as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and JPMorgan Chase Bank, N.A. and its affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Borrower or any Subsidiary or affiliate of the Borrower as if it were not the Administrative Agent hereunder.
JPMORGAN CHASE BANK, N. A. as Lender. JPMCB, as a Lender, shall have the same rights and powers under this Agreement and any other Loan Document as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include JPMCB in each case in its individual capacity. JPMCB and its affiliates may each accept deposits from, maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial advisor to, and generally engage in any kind of business with, the Borrower, any other Obligor or any other affiliate thereof as if it were any other bank and without any duty to account therefor to the other Lenders. Further, the Agent and any affiliate may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the other Lenders.
JPMORGAN CHASE BANK, N. A., in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”);
JPMORGAN CHASE BANK, N. A., individually as a Lender, as an Issuing Bank, as a Swingline Lender and as the Administrative Agent and Collateral Agent, By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President CITIBANK, N.A., individually as a Lender and as an Issuing Bank By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, individually as a Lender and as an Issuing Bank By: /s/ Xxxx X. Toronto Name: Xxxx X. Toronto Title: Authorized Signatory By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signatory HSBC BANK USA, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director HSBC SECURITIES (USA) INC., as an Issuing Bank By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director ROYAL BANK OF CANADA, individually as a Lender and as an Issuing Bank By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Authorized Signatory
JPMORGAN CHASE BANK, N. A., a company incorporated with limited liability as a National Banking Association, whose principal London Office is at 00 Xxxx Xxxxxx, Xxxxxx Xxxxx, X00 0XX, Xxxxxx, Xxxxxx Xxxxxxx (“we” or “us”); and
JPMORGAN CHASE BANK, N. A., Adversary Pro. No. 09-50934(MFW), in the Bankruptcy Court, seeking to recover the Disputed Accounts (the “Turnover Action”). JPMC filed a motion to dismiss the Turnover Action, which motion to dismiss was denied by the Bankruptcy Court on June 24, 2009. On July 6, 2009, JPMC filed an answer, counterclaims and a crossclaim that named the FDIC Receiver as an additional defendant in the Turnover Action. On July 27, 2009, the FDIC Receiver filed an answer to JPMC’s crossclaim. On August 11, 2009, JPMC filed an amended answer and counterclaims, which also named the FDIC Receiver as a counterclaim defendant. On August 20, 2009, the FDIC Receiver filed an answer to JPMC’s amended counterclaims. By motion, dated May 19, 2009 (the “SJ Motion”), the Debtors sought entry of an order granting summary judgment in their favor and directing turnover of the Disputed Accounts to WMI. A hearing to consider the SJ Motion was held on October 22, 2009 and the matter is sub xxxxxx. The Creditors’ Committee and the Bank Creditors have intervened in the Turnover Action.
JPMORGAN CHASE BANK, N. A., a national banking association organized under the laws of the United States of America with an office located at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, acting as Collateral Agent for the benefit of the Secured Parties (both terms as defined in the Credit Agreement referred to below) (the “Collateral Agent”); in the presence of:
JPMORGAN CHASE BANK, N. A. (for Standby Letters of Credit) JPMorgan Chase Bank, N.A. 100 Xxxxx Xxxxxxxx Xxxxxx, 0xx Floor, Mail Code IL1-0236, Cxxxxxx, XX 00000-0000 Attention: Standby Letter of Credit Unit Telephone: 1-000-000-0000, Option 1 Facsimile: 1-000-000-0000 Electronic Mail: jxx.xxxxxxxxx.xxx@xxxxxxxx.xxx (for Commercial or Documentary Letters of Credit) JPMorgan Chase Bank, N.A. 100 Xxxxx Xxxxxxxx Xxxxxx, 0xx Floor, Mail Code IL1-0236, Cxxxxxx, Xx 00000-0000 Attention: Global Trade Services Telephone: 800-000-0000 Facsimile: 300-000-0000 Electronic Mail: gxx.xxxxxx.xxxxxxxx@xxxxxxxx.xxx Schedule 10.02 EXHIBIT A FORM OF COMMITTED LOAN NOTICE Date: , To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of April 1, 2016 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Rxxx Stores, Inc., a Delaware corporation (the “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, Wxxxx Fargo Bank, National Association as an L/C Issuer, and JPMorgan Chase Bank, N.A. as an L/C Issuer. The undersigned hereby requests (select one): ú A Borrowing of Committed Loans ú A conversion or continuation of Loans
