INDENTURE Dated as of __________,__________ Between PACTIV EVERGREEN INC., as Issuer The Guarantors Named Herein, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as TrusteeIndenture • May 3rd, 2024 • Blue Ridge Paper Products LLC • Papers & allied products • New York
INDENTURE, dated as of ____, ____, between Pactiv Evergreen Inc., a corporation duly organized and existing under the laws of Delaware (herein called the “Company”), the Guarantors referred to below and Wilmington Trust, National Association, a national banking association, as trustee (herein called the “Trustee”).
AMENDED AND RESTATED LETTER OF AGREEMENT BLUE RIDGE PAPER PRODUCTS INC.Employment Agreement • March 16th, 2007 • Blue Ridge Paper Products Inc • Papers & allied products
This amended and restated letter confirms the terms and conditions of your continued employment as Chief Financial Officer of Blue Ridge Paper Products Inc. (the “Company”):
LETTER OF AGREEMENT BLUE RIDGE PAPER PRODUCTS INC. As of March 21, 2005Employment Agreement • March 22nd, 2005 • Blue Ridge Paper Products Inc • Papers & allied products
AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • July 10th, 2007 • Blue Ridge Paper Products Inc • Papers & allied products
AMENDMENT NO. 1, dated as of June 22, 2007 (this “Amendment”), by and among Rank Group Limited, a New Zealand company, (“Parent”), Packaging Holdings Inc., a Delaware corporation (“Newco”), Blue Ridge Holding Corp., a Delaware corporation (the “Company”), and KPS Special Situations Fund, L.P., a Delaware limited partnership, solely in its capacity as the Stockholder Representative (the “Stockholder Representative”), to the Agreement and Plan of Merger, dated as of June 13, 2007 (as amended by this Amendment, the “Merger Agreement”) by and among Parent, Newco, the Company and the Stockholder Representative. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Merger Agreement.
CONSENT AND AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • October 12th, 2004 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Consent and Amendment No. 3 to Credit Agreement, dated as of October 8, 2004 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
August 21, 2006Employment Contract • August 22nd, 2006 • Blue Ridge Paper Products Inc • Papers & allied products
This letter confirms the agreement between you and Blue Ridge Paper Products Inc. (“Blue Ridge”) for an extension of the terms of the Employment Agreement between you and Blue Ridge dated July 16, 2001 (“2001 Agreement”).
AMENDMENT NO. 8 TO CREDIT AGREEMENTCredit Agreement • June 12th, 2006 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 8 to Credit Agreement, dated as of June 9, 2006 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
AMENDMENT TO CONTRACT FOR SALE (AND DELIVERY) OF FOREST PRODUCTSContract for Sale (And Delivery) of Forest Products • August 11th, 2006 • Blue Ridge Paper Products Inc • Papers & allied products
This AMENDMENT TO CONTRACT FOR SALE (AND DELIVERY) OF FOREST PRODUCTS is made and entered into as of the 23rd day of May, 2006, by and between INTERNATIONAL PAPER COMPANY, a New York corporation (“IP”) and BLUE RIDGE PAPER PRODUCTS, INC., a Delaware corporation (“Blue Ridge Paper”).
FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT PURSUANT TO THE BLUE RIDGE HOLDING CORP. 2005 EMPLOYEE STOCK UNIT PLANRestricted Stock Unit Award Agreement • March 22nd, 2005 • Blue Ridge Paper Products Inc • Papers & allied products • North Carolina
THIS AGREEMENT (the “Agreement”), dated and effective as of (the “Effective Date”), among Blue Ridge Paper Products Inc., a Delaware corporation (the “Company”), Blue Ridge Holding Corp., a Delaware corporation (“Parent”), and (“Employee”). Capitalized terms used but not defined herein have the meanings assigned to them in the Plan.
AMENDMENT NO. 10 TO CREDIT AGREEMENTCredit Agreement • August 14th, 2007 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 10 to Credit Agreement, dated as of August 1, 2007 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
CONSENT AND AMENDMENT NO. 9 TO CREDIT AGREEMENTCredit Agreement • August 14th, 2007 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Consent and Amendment No. 9 to Credit Agreement, dated as of July 31, 2007 (this “Consent and Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 22nd, 2005 • Blue Ridge Paper Products Inc • Papers & allied products • North Carolina
This Purchase and Sale Agreement (this "Agreement") made and entered into effective as of July 1, 2004, is made by and between Diversified Energy, Inc., a Tennessee corporation, with its principal office located at 8874 Kinston Pike, Suite 200, Knoxville, Tennessee 37923 (the "Seller") and Blue Ridge Paper Products Inc., a Delaware corporation, through its Dairy Pak Division, with its principal office located at 41 Main Street, Canton, North Carolina (the "Purchaser").
AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • December 27th, 2004 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 5 to Credit Agreement, dated as of December , 2004 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
AMENDMENT NO. 7 TO CREDIT AGREEMENTCredit Agreement • March 17th, 2006 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 7 to Credit Agreement, dated as of March 15, 2006 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
LABOR AGREEMENT BETWEEN BLUE RIDGE PAPER PRODUCTS INCORPORATED AND UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION PREAMBLELabor Agreement • November 9th, 2006 • Blue Ridge Paper Products Inc • Papers & allied products
THIS AGREEMENT is made and entered into this 14th day of May 2006, by and between Blue Ridge Paper Products Incorporated (the “Company”), for its plants or mills located at Canton, North Carolina; Waynesville, North Carolina; Athens, Georgia; Clinton, Iowa, and Olmsted Falls, Ohio, hereinafter referred to as the “Company”, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) AFL-CIO, CLC, on behalf of Local 2-0507; Local 3-0794; Local 7-0761; and Local 5-0673, both hereafter referred to as the “Union.”
AMENDMENT NO. 6 TO CREDIT AGREEMENTCredit Agreement • August 8th, 2005 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 6 to Credit Agreement, dated as of August 5, 2005 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
AMENDMENT NO. 1Equipment Schedule Amendment • December 22nd, 2006 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 1 (the “Amendment”) is entered into this 18th day of December, 2006, and amends Equipment Schedule No. 1 (Equipment Schedule No. 1 and all Annexes, Exhibits and Riders thereto being hereinafter referred to collectively as the “Equipment Schedule”) to that certain Master Lease, dated as of September 1, 1994 (the “Lease”) between General Electric Capital Corporation (“Lessor”) and Blue Ridge Paper Products, Inc. successor-in-interest to Champion International Corporation (“Lessee”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Lease or Schedule.
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • September 21st, 2004 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 2 to Credit Agreement, dated as of September 15, 2004 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
AMENDMENT TO MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • February 1st, 2005 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This AMENDMENT TO THE MANAGEMENT SERVICES AGREEMENT, executed as of January 28, 2005 and effective as of January 1, 2005 (this “Amendment”), is by and between KPS Management, LLC, a Delaware limited liability company (“KPS”), and Blue Ridge Holding Corp., a Delaware corporation (the “Company”).
Packaging Holdings Inc. c/o Burns, Philp & Company Pty Limited Level 23, 56 Pitt Street Sydney NSW 2000 AustraliaAcquisition Agreement • August 14th, 2007 • Blue Ridge Paper Products Inc • Papers & allied products
The following will confirm our understanding and agreement as to the terms and conditions of employment that will apply to United Steelworker-represented (“USW”) bargaining unit employees of Blue Ridge Paper Products (“Blue Ridge”) in the event that Blue Ridge is acquired (the “Acquisition”) either directly or indirectly, including through a merger with Packaging Holdings Inc(the “Company”) by Rank Group Limited.
AGREEMENT AND PLAN OF MERGER by and among RANK GROUP LIMITED PACKAGING HOLDINGS INC. BLUE RIDGE HOLDING CORP. and KPS SPECIAL SITUATIONS FUND, L.P. (solely in its capacity as the Stockholder Representative) Dated as of June 13, 2007Merger Agreement • July 10th, 2007 • Blue Ridge Paper Products Inc • Papers & allied products • New York
AGREEMENT AND PLAN OF MERGER dated as of June 13, 2007 (this “Agreement”), by and among Rank Group Limited, a New Zealand company, (“Parent”), Packaging Holdings Inc., a Delaware corporation (“Newco”), Blue Ridge Holding Corp., a Delaware corporation (the “Company”), and KPS Special Situations Fund, L.P., a Delaware limited partnership (the “Stockholder Representative”), solely in its capacity as the Stockholder Representative. Capitalized terms used herein shall have the meanings given them in Section 9.3 hereof.
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • October 12th, 2004 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 4 to Credit Agreement, dated as of October 8, 2004 (this “Amendment”), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation (“Borrower”), as Borrower; Blue Ridge Holding Corp., a Delaware corporation (“Holdings”), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the “IP Subsidiary”), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, “Agent”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • March 22nd, 2005 • Blue Ridge Paper Products Inc • Papers & allied products • New York
This Amendment No. 1 to Credit Agreement, dated as of February 17, 2004 (this "Amendment"), is entered into by and among Blue Ridge Paper Products Inc., a Delaware corporation ("Borrower"), as Borrower; Blue Ridge Holding Corp., a Delaware corporation ("Holdings"), as a Credit Party; BRPP, LLC, a North Carolina limited liability company (the "IP Subsidiary"), as a Credit Party; and General Electric Capital Corporation, as a Lender and as Agent for Lenders (in such capacity, "Agent").
