TO: THE BANK OF NOVA SCOTIA, as Agent and to each Lender under the Credit Agreement referred to below: RE: February 3, 2003 Credit Agreement between Cascades Inc. and the other parties thereto - Interest Expense
Exhibit 10.4
January 22, 2004
TO: THE BANK OF NOVA SCOTIA, as Agent
and to each Lender under the Credit Agreement
referred to below:
RE: February 3, 2003 Credit Agreement between Cascades Inc. and the other parties thereto - Interest Expense
Dear Sirs:
We are writing further to our request for amendment dated December 17, 2003 regarding the definition of Interest Expense. Firstly, we thank you for your consent to our request.
In addition, we would like to confirm our interpretation of the calculation of Interest Expense (under the new definition) for the purposes of the Credit Agreement. In connection with the closing of our $500,000,000 credit facility and the US $550,000,000 issuance of notes on February 5, 2003, we paid various upfront and other similar non-recurrent issuer fees which have been capitalized. These fees represented an amount of $24,608,000.
We intend to continue to exclude such fees from the calculation of Interest Expense. In our view, the expressions “financing expenses” or “financing charges” are intended to capture financing costs which, in the strict sense, are not interest but are incurred on an ongoing basis. However, these expressions are not meant in our view to include the non-recurrent upfront or issuer fees referred to above.
Consequently, could you kindly confirm that you agree with our interpretation that non-recurrent upfront or issuer fees do not constitute Interest Expense for the purposes of the Credit Agreement.
Please indicate your agreement by signing a copy of this letter and returning same to the Agent by 5:00 p.m., Friday, February 6, 2004. Please send your response to the attention of Xxx Xxxxxx by fax at (000) 000-0000.
Yours very truly, |
|
||
|
|
||
|
|||
Cascades SPG Holding Inc. |
|
||
Cascades G.P.S. S.A. |
|
||
Cascades Arnsberg GmbH |
|
||
|
|
||
Per: |
(s) Xxxxx Xxxxxxx |
|
|
|
Xxxxx Xxxxxxx |
|
|
WE CONFIRM OUR AGREEMENT WITH THE INTERPRETATION OF INTEREST EXPENSE SET FORTH IN CASCADES INC.’S JANUARY 22, 2004 LETTER:
THE BANK OF NOVA SCOTIA, as |
|
NATIONAL BANK OF CANADA, |
|||||
|
|
|
|||||
|
|
|
|||||
Per: |
(s) Xxxxx Xxxxx |
|
|
Per: |
(s) Xxxxxxx Xxxxxxx |
|
|
|
|
|
Assistant Vice President |
||||
Per: |
(s) Xxxx Xxxxxxxx |
|
|
Per: |
(s) Xxxxxxx Xxxx |
|
|
|
|
|
|
|
Vice President |
|
|
|
|
|
|
|
|
|
|
CANADIAN IMPERIAL BANK OF |
|
CIBC INC., as designated Lender |
|
||||
|
|
|
|
||||
|
|
|
|
||||
Per: |
(s) Xxxx Xxxxxxxx, Executive Director |
|
|
Per: |
|
|
|
Per: |
(s) Xxxxx Xxxx, Managing Director |
|
|
|
Executive Director |
|
|
|
|
|
|
||||
CITIBANK, N.A. Canadian Branch, |
|
CITICORP NORTH AMERICA, |
|
||||
|
|
|
|
||||
Per: |
(s) Xxxxxxxx Xxxx |
|
|
Per: |
(s) Xxxxxx X. Xxxxx |
|
|
|
|
|
|
|
Managing Director |
|
|
|
|
|
|
||||
BNP PARIBAS (CANADA), as |
|
BNP PARIBAS, as designated Lender |
|
||||
|
|
|
|
||||
Per: |
|
|
|
Per: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
COMERICA BANK, as Lender |
|
SOCIÉTÉ GÉNÉRALE (CANADA), |
|
||||
|
|
|
|
||||
Per: |
(s) Xxxxxx Xxxxx |
|
|
Per: |
|
|
|
2
SOCIÉTÉ GÉNÉRALE, as |
|
BANK OF MONTREAL, as Lender |
|
|||
|
|
|
|
|||
|
|
|
|
|||
Per: |
|
|
|
Per: |
(s) Xxxxx Xxxxx |
|
|
|
|
|
|
Director |
|
|
|
|
|
|||
CAISSE CENTRALE |
|
THE TORONTO-DOMINION |
|
|||
|
|
|
|
|||
Per: |
(s) Xxxxxx Xxxxxxxx |
|
|
Per: |
(s) Xxxx Xxxxxxxx |
|
Per: |
(s) Xxxxxxxx Xxxxxxxx |
|
|
Per: |
|
|
|
|
|
|
|||
|
|
|
|
|||
TORONTO-DOMINION (TEXAS) |
|
|
|
|||
|
|
|
|
|||
Per: |
(s) Xxxx Xxxx |
|
|
|
|
|
Per: |
Vice President |
|
|
|
|
|
3