Resignation of the Collateral Agent; Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent at any time by giving thirty (30) days advance notice thereof to the Lenders and Borrower and, thereafter, the retiring Collateral Agent shall be discharged from its duties and obligations hereunder. Upon receipt of any such notice of resignation, the Required Lenders shall have the right, subject to the approval of Borrower (so long as no Event of Default has occurred and is continuing; such approval not to be unreasonably withheld or delayed), to appoint a successor Collateral Agent. If no successor Collateral Agent shall have been so appointed by the Required Lenders, been approved (so long as no Event of Default has occurred and is continuing) by Borrower or have accepted such appointment within fifteen (15) days after the Collateral Agent’s giving of notice of resignation, then the Collateral Agent shall use its commercially reasonable efforts to appoint a successor Collateral Agent reasonably acceptable to Borrower (so long as no Unmatured Event of Default or Event of Default has occurred and is continuing), on behalf of the Lenders. Upon the acceptance of any appointment as Collateral Agent hereunder by a successor Collateral Agent, such successor Collateral Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Collateral Agent. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the provisions of this Section 13.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Collateral Agent. If no successor has accepted appointment as Collateral Agent by the date which is thirty (30) days following a retiring Collateral Agent’s notice of resignation, the retiring Collateral Agent’s resignation shall nevertheless thereupon become effective and the Required Lenders shall perform all of the duties of the Collateral Agent hereunder until such time, if any, as the Required Lenders appoint a successor agent as provided for above.
Appears in 2 contracts
Samples: Loan Agreement (HC Government Realty Trust, Inc.), Loan Agreement (HG Holdings, Inc.)
Resignation of the Collateral Agent; Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent at any time by giving thirty (30) days advance notice thereof to the Lenders and the Borrower and, thereafter, the retiring Collateral Agent shall be discharged from its duties and obligations hereunder. Upon receipt of any such notice of resignation, the Required Lenders shall have the right, subject to the approval of the Borrower (so long as no Event of Default has occurred and is continuing; such approval not to be unreasonably withheld or delayedwithheld), to appoint a successor Collateral Agent. If no successor Collateral Agent shall have been so appointed by the Required Lenders, been approved (so long as no Event of Default has occurred and is continuing) by the Borrower or have accepted such appointment within fifteen thirty (1530) days after the Collateral Agent’s 's giving of notice of resignation, then the Collateral Agent shall use its commercially reasonable efforts to may, on behalf of the Lenders, appoint a successor Collateral Agent reasonably acceptable to the Borrower (so long as no Unmatured Event of Default or Event of Default has occurred and is continuing), on behalf of the Lenders. Upon the acceptance of any appointment as Collateral Agent hereunder by a successor Collateral Agent, such successor Collateral Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Collateral Agent. After any retiring Collateral Agent’s 's resignation hereunder as Collateral Agent, the provisions of this Section 13.9 11.09 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Collateral Agent. If no successor has accepted appointment as Collateral Agent by the date which is thirty (30) days following a retiring Collateral Agent’s 's notice of resignation, the retiring Collateral Agent’s 's resignation shall nevertheless thereupon become effective and the Required Lenders shall perform all of the duties of the Collateral Agent hereunder until such time, if any, as the Required Lenders appoint a successor agent as provided for above.
Appears in 1 contract
Resignation of the Collateral Agent; Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent at any time by giving thirty (30) days advance notice thereof to the Lenders and Borrower the Loan Parties and, thereafter, the retiring Collateral Agent shall be discharged from its duties and obligations hereunder. Upon receipt of any such notice of resignation, the Required Lenders shall have the right, subject to the approval of Borrower the Loan Parties (so long as no Event of Default has occurred and is continuing; such approval not to be unreasonably withheld or delayedwithheld), to appoint a successor Collateral Agent. If no successor Collateral Agent shall have been so appointed by the Required Lenders, been approved (so long as no Event of Default has occurred and is continuing) by Borrower the Loan Parties or have accepted such appointment within fifteen thirty (1530) days after the Collateral Agent’s giving of notice of resignation, then the Collateral Agent shall use its commercially reasonable efforts to may, on behalf of the Lenders, appoint a successor Collateral Agent reasonably acceptable to Borrower the Borrowers (so long as no Unmatured Event of Default or Event of Default has occurred and is continuing), on behalf of the Lenders. Upon the acceptance of any appointment as Collateral Agent hereunder by a successor Collateral Agent, such successor Collateral Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Collateral Agent. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the provisions of this Section 13.9 11.09 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Collateral Agent. If no successor has accepted appointment as Collateral Agent by the date which is thirty (30) days following a retiring Collateral Agent’s notice of resignation, the retiring Collateral Agent’s resignation shall nevertheless thereupon become effective and the Required Lenders shall perform all of the duties of the Collateral Agent hereunder until such time, if any, as the Required Lenders appoint a successor agent as provided for above.
Appears in 1 contract
Samples: Investment Agreement (Parent Co)
Resignation of the Collateral Agent; Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent at any time by giving thirty (30) days advance notice thereof to the Lenders Secured Parties and Borrower the Obligors and, thereafter, the retiring Collateral Agent shall be discharged from its duties and obligations hereunder. Upon receipt of any such notice of resignation, the Required Lenders Secured Parties shall have the right, subject to the approval of the Borrower (so long as no Event of Default has occurred and is continuing; such approval not to be unreasonably withheld or delayed), to appoint a successor Collateral Agent. If no successor Collateral Agent shall have been so appointed by the Required LendersSecured Parties, been approved (so long as no Event of Default has occurred and is continuing) by the Borrower or have accepted such appointment within fifteen thirty (1530) days after the Collateral Agent’s 's giving of notice of resignation, then the Collateral Agent shall use its commercially reasonable efforts to may, on behalf of the Secured Parties, appoint a successor Collateral Agent reasonably acceptable to the Borrower (so long as no Unmatured Event of Default or Event of Default has occurred and is continuing), on behalf of the Lenders. Upon the acceptance of any appointment as Collateral Agent hereunder by a successor Collateral Agent, such successor Collateral Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Collateral Agent. After any retiring Collateral Agent’s 's resignation hereunder as Collateral Agent, the provisions of this Section 13.9 28 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Collateral Agent. If no successor administrative agent has accepted appointment as Collateral Agent by the date which is thirty (30) days following a retiring Collateral Agent’s 's notice of resignation, the retiring Collateral Agent’s 's resignation shall nevertheless thereupon become effective and the Required Lenders Secured Parties shall perform all of the duties of the Collateral Agent hereunder until such time, if any, as the Required Lenders Secured Parties appoint a successor agent as provided for above. Each of the parties hereto has caused a counterpart of this Security Agreement to be duly executed and delivered as of the date first above written. BORROWER: CARAUSTAR INDUSTRIES, INC., a North Carolina corporation By: H. LEE THRASH, III ------------------------------------- Name: H. Lee Thrash, III Title: Vice President Planning & Xxxxxxxment and Chief Financial Officer GUARANTORS: AUSTELL HOLDING COMPANY, LLC, a Georgia limited liability company CAMDEN PAPERBOARD CORPORATION, a New Jersey corporation CARAUSTAR CUSTOM PACKAGING GROUP, INC., a Delaware corporation CARAUSTAR CUSTOM PACKAGING GROUP (MARYLAND), INC., a Maryland corporation CARAUSTAR INDUSTRIAL AND CONSUMER PRODUCTS GROUP, INC., a Delaware corporation CARAUSTAR MILL GROUP, INC., an Ohio corporation f/k/a Caraustar Paperboard Corporation CARAUSTAR RECOVERED FIBER GROUP, INC., a Delaware corporation CHICAGO PAPERBOARD CORPORATION, an Illinois corporation FEDERAL TRANSPORT, INC., an Ohio corporation GYPSUM MGC, INC., a Delaware corporation HALIFAX PAPER BOARD COMPANY, INC., a North Carolina corporation MCQUEENEY GYPSUM COMPANY, a Delaware corporation MCQUEENY GYPSUM COMPANY, LLC, a Delaware limitxx xxxxxlity company PBL INC., a Delaware corporation SPRAGUE PAPERBOARD, INC., a Connecticut corporxxxxx By: H. LEE THRASH, III ------------------------------------- Name: H. Lee Thrash, III Title: Vice President Planning & Xxxxxxxment and Chief Financial Officer of each of the Foregoing Guarantors CARAUSTAR, G.P., a South Carolina general partnership By: CARAUSTAR INDUSTRIES, INC., a North Carolina corporation, general partner By: H. LEE THRASH, III -------------------------------------- Name: H. Lee Thrash, III Title: Vice President Plaxxxxx & Xxvelopment and Chief Financial Officer By: CARAUSTAR INDUSTRIAL AND CONSUMER PRODUCTS GROUP, INC., a Delaware corporation, general partner By: H. LEE THRASH, III -------------------------------------- Name: H. Lee Thrash, III Title: Vice President Plaxxxxx & Xxvelopment and Chief Financial Officer Agreed and Accepted to as of the date first above written. BANK OF AMERICA, N.A., in its capacity as Collateral Agent By: /s/ THOMAS R. SULLIVAN ----------------------------------- Name: Thoxxx X. Xxxxxxxx --------------------------------- Title: Vixx Xxxxxxxxx -------------------------------- The undersigned hereby acknowledge and accept the foregoing Security Agreement and agree to the terms of Section 28 thereof: BANK OF AMERICA, N.A., in its capacity as Administrative Agent for the Lenders By: /s/ THOMAS R. SULLIVAN ----------------------------------- Name: Thoxxx X. Xxxxxxxx --------------------------------- Title: Vixx Xxxxxxxxx -------------------------------- SUNTRUST BANK, ATLANTA By: /s/ J. SCOTT DEVINEY ----------------------------------- Name: J. Scott Xxxxxxx --------------------------------- Title: Vice Prxxxxxxx -------------------------------- TORONTO DOMINION (TEXAS), INC. By: /s/ CAROL BRANDT ----------------------------------- Name: Carol Braxxx --------------------------------- Title: Vice Prexxxxxx --------------------------------
(a) PRINCIPAL PLACE OF BUSINESS/CHIEF EXECUTIVE OFFICES SCHEDULE 4(a) EXACT LEGAL NAME OF ENTITY AS SPECIFIED IN ITS CHARTER AND ADDRESS OF JURISDICTION OF CHIEF EXECUTIVE OFFICES FORMATION --------------------------------------- --------------- Caraustar Industries, Inc. North Carolina 3100 Joe Jerkins Boulevard Austell, GA 30106-3227 Austell Holding Xxxxxxx, XXX Georgia 3100 Joe Jerkins Boulevard Austell, GA 30106-3227 Camden Paperboaxx Xxxxxxxxxxx New Jersey 267 Jefferson Avenue Camden, NJ 08104 Caraustar, G.P. (a general xxxxxxxxxxx) Xxxxx Carolina 2031 Carolina Place Ft. Mill, SC 29708 Caraustar Custom Packaging Xxxxx, Xxx. Xxxxxare 3100 Joe Jerkins Boulevard Austell, GA 30106-3227 Caraustar Custox Xxxxxxxxx Xxxxx (Maryland), Inc. Maryland 1100 Gilroy Road Hunt Valley, MD 21031 Caraustar Industrial and Cxxxxxxx Xxxxxxxx Xxxxx, Xxx. Delaware 2031 Carolina Place Fort Mill, SC 29708 Caraustar Mill Group, Inc. Xxxx 3100 Joe Jerkins Boulevard Austell, GA 30106-3227 Caraustar Recovxxxx Xxxxx Xxxxx, Inc. Delaware 531 Roselane Street, NW Suite 650 Marietta, GA 30061 Chicago Paxxxxxxxx Xxxxxxxxxxx Xxxxxois 3100 Joe Jerkins Boulevard Austell, GA 30106-3227 Federal Transpoxx, Xxx. Ohio 310 State Route 235 South Saint Paris, OH 43072 Gypsum MGC, Inc. Xxxxxare 3100 Joe Jerkins Boulevard Austell, GA 30106 Halifax Paper Board Company, Inc. North Carolina 440 Hwy. 48 North Roanoke Rapids, NC 27870 McQueeney Gypsum Compaxx Xxxxxare 3100 Joe Jerkins Boulevard Austell, GA 30106 McQueeny Gypsum Compxxx, XXX Delawarx 0000 Joe Jerkins Boulevard Austell, GA 30106 PBL, Inc. Xxxxxare 3100 Joe Jerkins Boulevard Austell, GA 30106-3227 Sprague Paperboxxx, Xxx. Connectxxxx 130 Inland Road Versailles, CT 06383 XXXX OTHER NAMES USED IN LAST 5 YEARS ------------------------------ -------------------------------- Austell Holding Company, LLC Austell Box Board Corporation Merged into Austell Holding Company, LLC (06/30/01) Camden Paperboard Corporation None Caraustar Custom Packaging Group, Inc. Atlantic Coast Carton Company Merged into Caraustar Custom Packaging Group, Inc. 1/1/2000 ACC Services Liquidated into Atlantic Coast Carton Company (1999) Mid-State Paper Box Company Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 Packrite Packaging, Inc. Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 Carolina Paper Box Co. Inc. Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 Mid Packaging Group, Inc. Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 The Garber Company Merged into Caraustar Custom Packagixx Xxxup, Inc. 12/20/99 Specialty Packaging, Inc. Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 General Packaging Service, Inc. Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 Oak Tree Packaging Corporation Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 Boxall, Inc Merged into Caraustar Custom Packaging Group, Inc. 12/20/99 Caraustar Packaging Group, Inc. Change Name to Caraustar Custom Packaging Group, (12/15/99) Mil Pak, Inc. Merged into Caraustar Custom Packaging Group, Inc. (03/28/00) Crane Carton Company, LLC Merged into Caraustar Custom Packaging Group, Inc. (2/23/01) Crane Carton Acquisition, Inc. Merged into Caraustar Custom Packaging Group, Inc. (2/23/01) Caraustar Custom Packaging Group Chesapeake Paperboard Company Change Name to Caraustar Custom Packaging Group (Maryland), Inc. (Maryland), Inc. (03/22/01) Caraustar Custom Packaging Group (Maryland), Inc. merged into (3/5/01) Chesapeake Fiber Packaging Change Name to Caraustar Custom Packaging Group (Maryland), Company, Inc. Inc. (1/1/00). Caraustar Industrial and Consumer Star Paper Tube, Inc. Merged into Caraustar Industrial and Consumer Products Products Group, Inc. Group, Inc. (1/1/00) Federal Packaging Corporation Change Name to Caraustar Industrial and Consumer Products Group, Inc. (12/8/99) Arrow Paper Products Company Merged into Caraustar Industrial and Consumer Products Group, Inc. (9/29/00) Caraustar Recovered Fiber Group, Paper Recycling, Inc Merged into Caraustar Recovered Fiber Group, Inc. (6/30/01) Carolina Recycling, Inc. Merged into Caraustar Recovered Fiber Group, Inc. (1/1/00) Columbus Recycling, Inc. Merged into Caraustar Recovered Fiber Group, Inc. (6/30/01) Star Recycling Incorporated Merged into Caraustar Recovered Fiber Group, Inc. (1/1/00) Caraustar Paper Sales, Inc. Merged into Caraustar Recovered Fiber Group, Inc. (1/1/00) Macon Recycling, Inc. Closed (2000) Etowah Recycling, Inc. Merged into Caraustar Recovered Fiber Group, Inc. (1/1/00) Caraustar Paperstock Inc. Richmond Recycling, Inc. Caraustar Mill Group, Inc. Caraustar Paperboard Corporation Changed Name to Caraustar Mill Group, Inc. (6/4/01) New Austell Box Board Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Sweetwater Paperboard Company, Inc. Merged into Caraustar Mill Group, Inc. (6/30/01) Buffalo Paperboard Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Carolina Component Concepts, Inc. Merged into Caraustar Mill Group, Inc. (6/30/01) Carolina Converting, Incorporated Merged into Caraustar Mill Group, Inc. (6/30/01) Carolina Paperboard Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Carotell Paper Board Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Chattanooga Paperboard Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Cincinnati Paperboard Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) New Austell Box Board Company Merged into Caraustar Mill Group, Inc. (6/30/01) Reading Paperboard Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Richmond Paperboard Corporation Merged into Caraustar Mill Group, Inc. (6/30/01) Chicago Paperboard Corporation None Federal Transport, Inc. None Gypsum MGC, Inc. None Halifax Paper Board Company, Inc. Halifax Acquisition Company Changed name to Halifax Paper Board Company, Inc. (5/2/00) McQueeney Gypsum Company LLC None McQueeney Gypsum Company McQueeney Gypsum Company (TX) Merged into McQueeney Gypsum Company (DE) PBL, Inc. PBL Indiana, Inc. Sprague Paperboard, Inc. None SCHEDULE 4(b) LOCATION SCHEDULE 4(b) COMPANY NAME INVENTORY ADDRESS ------------ ----------------- CARAUSTAR MILL GROUP, INC. 3300 Joe Jerkins Boulevard Xxxxxxx, GA 30106-3227 3400 Joe Jerkins Boulevard Xxxxxxx, GA 30106-3227 3500 Joe Jerkins Boulevard Xxxxxxx, GA 30106-3227 470 Ohio Street Xxxxxxxx, XX 00000 2100 Rossville Ave. Xxxxxxxxxxx, XX 00000 5500 Wooster Road Xxxxxxxxxx, XX 00000 873 Alexander Drive Xxxxxxx, XX 00000 3110 Papermill Rd., Rt. #5 Xxxxxxx Xxxxxx, XX 00000 P.O. Box 668305 Xxxxxxxxx, XX 00000 17 East 2nd Street Xxxxxxxx, XX 00000 100 Industrial Drive Xxxxxxx, XX 00000-0000 117 Siegel Street Xxxx, IA 52339-2616 107 Tom Starling Road Xxxxxxxxxxxx, NC 28306 302 Rolling Hills Road Xxxxxxxxxxx, XX 00000 4139 Highway 311 CARAUSTAR CUSTOM PACKAGING GROUP, INC. Randleman, NC 27317 528 S. Turner Avenue Xxxxxxxxx, NC 28208-4259 3900 Comanche Drive Xxxxxxxx, XX 00000 322 W. Fonville Street Xxxxxxxxxx, NC 27215 P.O. Box 668305 Xxxxxxxxx, XX 00000 167 Luyben Hills Road Xxxxxxxx Xxxxxxx, XX 00000 600 Union Street Xxxxxxx, XX 00000 1375 Isaac Beal Road Xxxxxxx, OH 44820 SCHEDULE 4(b) COMPANY NAME INVENTORY ADDRESS ------------ ----------------- 216 12th Street, N.E. Xxxxxxxxx, XX 00000 8902 U. S. Hwy. 64 East Xxxxxxxxxxxxx, XX 00000 43 Samworth Road Xxxxxxx, XX 00000 50 Chestnut Ridge Road Xxxxxxxx, XX 00000 1850 Lemon Street Xxxx, XX 00000 Inland Road Xxxxxxxxxx, XX 00000 4226 Church Street Xxxxxxxxx, XX 00000 Inland Road Xxxxxxxxxx, XX 00000 11000 Gilroy Road Xxxx Xxxxxx, XX 00000 2624 Commerce Square Drive Xxxxxxxxxx, XX 00000 1957 Beverly Avenue, SW Xxxxx Rapids, MI 49509 1957 Beverly Avenue, SW Xxxxx Rapids, MI 49509 10750 Baur Boulevard Xx. Louis, MO 63132 7777 St. Clair Avenue Xxxxxx, XX 00000 1377 South Jason Street Xxxxxx, CO 80223 23230 Chagrin Blvd., Suite 232 Xxxxxxxxx, XX 00000 7960 Lorain Avenue Xxxxxxxxx, XX 00000
Appears in 1 contract
Resignation of the Collateral Agent; Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent at any time by giving thirty (30) days advance notice thereof to the Lenders Secured Parties and Borrower the Obligors and, thereafter, the retiring Collateral Agent shall be discharged from its duties and obligations hereunder. Upon receipt of any such notice of resignation, the Required Lenders Secured Parties shall have the right, subject to the approval of the Borrower (so long as no Event of Default has occurred and is continuing; such approval not to be unreasonably withheld or delayed), to appoint a successor Collateral Agent. If no successor Collateral Agent shall have been so appointed by the Required LendersSecured Parties, been approved (so long as no Event of Default has occurred and is continuing) by the Borrower or have accepted such appointment within fifteen thirty (1530) days after the Collateral Agent’s 's giving of notice of resignation, then the Collateral Agent shall use its commercially reasonable efforts to may, on behalf of the Secured Parties, appoint a successor Collateral Agent reasonably acceptable to the Borrower (so long as no Unmatured Event of Default or Event of Default has occurred and is continuing), on behalf of the Lenders. Upon the acceptance of any appointment as Collateral Agent hereunder by a successor Collateral Agent, such successor Collateral Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Collateral Agent. After any retiring Collateral Agent’s 's resignation hereunder as Collateral Agent, the provisions of this Section 13.9 29 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Collateral Agent. If no successor administrative agent has accepted appointment as Collateral Agent by the date which is thirty (30) days following a retiring Collateral Agent’s 's notice of resignation, the retiring Collateral Agent’s 's resignation shall nevertheless thereupon become effective and the Required Lenders Secured Parties shall perform all of the duties of the Collateral Agent hereunder until such time, if any, as the Required Lenders Secured Parties appoint a successor agent as provided for above. Each of the parties hereto has caused a counterpart of this Security Agreement to be duly executed and delivered as of the date first above written. BORROWER: CARAUSTAR INDUSTRIES, INC., a North Carolina corporation By: ---------------------------------------- Name: Title: GUARANTORS: AUSTELL HOLDING COMPANY, LLC, a Georgia limited liability company CAMDEN PAPERBOARD CORPORATION, a New Jersey corporation CARAUSTAR CUSTOM PACKAGING GROUP, INC., a Delaware corporation CARAUSTAR CUSTOM PACKAGING GROUP (MARYLAND), INC., a Maryland corporation CARAUSTAR INDUSTRIAL AND CONSUMER PRODUCTS GROUP, INC., a Delaware corporation CARAUSTAR MILL GROUP, INC., an Ohio corporation f/k/a Caraustar Paperboard Corporation (as successor by merger to Austell Box Board Corporation, Buffalo Paperboard Corporation, Carolina Component Concepts, Inc., Carolina Converting Incorporated, Carolina Paper Board Corporation, Carotell Paper Board Corporation, Chattanooga Paperboard Corporation, Cincinnati Paperboard Corporation, Columbus Recycling, Inc., New Austell Box Board Company, Paper Recycling, Inc., Reading Paperboard Corporation, Richmond Paperboard Corporation and Sweetwater Paper Board Company, Inc.) CARAUSTAR RECOVERED FIBER GROUP, INC., a Delaware corporation CHICAGO PAPERBOARD CORPORATION, an Illinois corporation FEDERAL TRANSPORT, INC., an Ohio corporation GYPSUM MGC, INC., a Delaware corporation HALIFAX PAPER BOARD COMPANY, INC., a North Carolina corporation MCQUEENEY GYPSUM COMPANY, a Delaware corporation MCQUEENY GYPSUM COMPANY, LLC, a Delaware limited lxxxxxxxx company PBL INC., a Delaware corporation SPRAGUE PAPERBOARD, INC., a Connecticut corporatiox By: ---------------------------------------------------------- Name: Title: of each of the foregoing Guarantors CARAUSTAR, G.P., a South Carolina general partnership By: CARAUSTAR INDUSTRIES, INC., a North Carolina corporation, general partner By: ------------------------------------------------------- Name: Title: By: CARAUSTAR INDUSTRIAL AND CONSUMER PRODUCTS GROUP, INC., a Delaware corporation, general partner By: ------------------------------------------------------- Name: Title: Agreed and Accepted to as of the date first above written. BANK OF AMERICA, N.A., in its capacity as Collateral Agent By: -------------------------------------------- Name: ------------------------------------------ Title: ----------------------------------------- The undersigned hereby acknowledge and accept the foregoing Security Agreement and agree to the terms of Section 29 thereof: BANK OF AMERICA, N.A., in its capacity as Administrative Agent for the Lenders By: -------------------------------------------- Name: ------------------------------------------ Title: ----------------------------------------- SUNTRUST BANK, ATLANTA By: -------------------------------------------- Name: ------------------------------------------ Title: ----------------------------------------- TORONTO DOMINION (TEXAS), INC. By: -------------------------------------------- Name: ------------------------------------------ Title: -----------------------------------------
(a) PRINCIPAL PLACE OF BUSINESS/CHIEF EXECUTIVE OFFICES SCHEDULE 4(b) LOCATIONS OF COLLATERAL CONSENT AND MODIFICATION July 11, 2002 Caraustar Industries, Inc. 3100 Joe Jerkins Boulevard Austell, Georgia 30106-3227 Attention: H. Xxx Xxxxxx, XXX Ladies and Gentlemen: Reference is hereby made to xxxx xxxxain Credit Agreement dated as of March 29, 2001 (as amended by that certain First Amendment to Credit Agreement dated as of September 10, 2001, that certain Second Amendment to Credit Agreement dated as of November 30, 2001, that certain Third Amendment to Credit Agreement dated as of January 22, 2002 and that certain Fourth Amendment to Credit Agreement dated as of June 3, 2002 (the "Fourth Amendment") and as further modified or amended from time to time, the "Credit Agreement"). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Credit Agreement. You have requested that the Required Lenders consent to modifications of the Fourth Amendment to:
(1) Modify the definition of "New Senior Subordinated Note Indenture" in Section 1 of the Fourth Amendment to read as follows:
Appears in 1 contract
