AINSWORTH LUMBER CO. LTD., as Issuer STEEN RIVER FOREST PRODUCTS LTD., as Subsidiary Guarantor and THE BANK OF NOVA SCOTIA TRUST COMPANY OF NEW YORK, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of February 27, 2004 to the INDENTURE Dated as of...
XXXXXXXXX LUMBER CO. LTD.,
as Issuer
XXXXX RIVER FOREST PRODUCTS LTD.,
as Subsidiary Guarantor
and THE BANK OF NOVA SCOTIA TRUST COMPANY OF NEW YORK,
as Trustee
FIRST SUPPLEMENTAL INDENTURE
Dated as of February 27, 2004
to the
INDENTURE
Dated as of December 20, 2001
between
XXXXXXXXX LUMBER CO. LTD.,
as Issuer,
XXXXX RIVER FOREST PRODUCTS LTD.,
as Subsidiary Guarantor
and
THE BANK OF NOVA SCOTIA TRUST COMPANY OF NEW YORK,
as Trustee
13.875% Senior Secured Notes due July 15, 2007
FIRST SUPPLEMENTAL INDENTURE, dated as of February 27, 2004 (the “First Supplemental Indenture”), by and between Xxxxxxxxx Lumber Co. Ltd., a British Columbia corporation (the “Issuer”), Xxxxx River Forest Products Ltd., an Alberta corporation (the “Subsidiary Guarantor”) and The Bank of Nova Scotia Trust Company of New York, as Trustee (the “Trustee”).
WHEREAS, all things necessary to make this First Supplemental Indenture a valid supplement to the Indenture have been done.
NOW THEREFORE, the parties agree as follows:
(a) The following sections and clauses and all references to such sections and clauses shall be deleted: (A) Sections 801, 802, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1024, 1027, 1029, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1401, 1402, 1403 and (B) clauses (3), (4), (6), (7), (8), (9), (10), (11), (12) and (13) of Section 501.
SECTION 3. Effectiveness. This First Supplemental Indenture shall become effective as described in Section 2 hereof.
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SECTION 4. Governing Law. This First Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York, as applied to contracts made and performed within the State of New York.
SECTION 5. Counterparts. This First Supplemental Indenture may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.
SECTION 6. Severability. In case any provision in this First Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 8. Trustee Makes No Representation. The Trustee makes no representation as to the validity or sufficiency of this First Supplemental Indenture. The statements and recitals herein are deemed to be those of the Issuer and the Subsidiary Guarantor and not of the Trustee.
SECTION 9. Successors and Assigns. All covenants and agreements in this First Supplemental Indenture by the Issuer, the Subsidiary Guarantor, the Trustee and the Holders shall bind their respective successors and assigns, whether so expressed or not.
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XXXXXXXXX LUMBER CO. LTD., as Issuer |
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By: | /s/ Xxxxxxxxx Xxxxxxxxx | |||
Xxxxxxxxx Xxxxxxxxx | ||||
Chief Operating Officer | ||||
XXXXX RIVER FOREST PRODUCTS LTD., as Subsidiary Guarantor |
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By: | /s/ Xxxxxxxxx Xxxxxxxxx | |||
Xxxxxxxxx Xxxxxxxxx | ||||
Secretary | ||||
THE BANK OF NOVA SCOTIA TRUST COMPANY OF NEW YORK, as Trustee |
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By: | /s/ Xxxxxx Xxxxxxx | |||
Xxxxxx Xxxxxxx | ||||
Vice President |
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