INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Dated as of July 1, 2008 By and Among BANK OF AMERICA, N.A., AS COLLATERAL AGENT And BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT UNDER THE CREDIT FACILITY AGREEMENT ON BEHALF OF THE SECURED LENDER...Intercreditor and Collateral Agency Agreement • March 10th, 2010 • Kapstone Paper & Packaging Corp • Paper mills
KAPSTONE PAPER AND PACKAGING CORPORATION KAPSTONE KRAFT PAPER CORPORATION 8.30% SENIOR SECURED NOTES DUE JULY 1, 2015Note Purchase Agreement • March 10th, 2010 • Kapstone Paper & Packaging Corp • Paper mills • Illinois
The undersigned, Kapstone Kraft Paper Corporation, a Delaware corporation (the “Company”), and Kapstone Paper and Packaging Corporation, a Delaware corporation and the owner of all of the outstanding shares of capital stock of the Company (the “Parent”), hereby agree with the purchasers named in the Purchaser Schedule attached hereto (herein called the “Purchasers”) as set forth below. Reference is made to paragraph 10 hereof for definitions of capitalized terms used herein and not otherwise defined.
CREDIT AGREEMENT Dated as of June 12, 2008 among KAPSTONE KRAFT PAPER CORPORATION, as the Borrower, KAPSTONE PAPER AND PACKAGING CORPORATION, as the Parent, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as Guarantors, BANK OF AMERICA, N.A., as...Credit Agreement • March 10th, 2010 • Kapstone Paper & Packaging Corp • Paper mills • Illinois
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of the Term B Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of June 12, 2008 (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 the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 10th, 2010 • Kapstone Paper & Packaging Corp • Paper mills • Illinois
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of August 25, 2008 is by and among KAPSTONE KRAFT PAPER CORPORATION, a Delaware corporation (the “Borrower”), KAPSTONE PAPER AND PACKAGING CORPORATION, a Delaware corporation (the “Parent”), certain subsidiaries of the Parent identified on the signature pages hereto as Guarantors, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”), Swing Line Lender and L/C Issuer.
