ContractIncremental Term Loan Assumption Agreement and Amendment No. 2 • December 20th, 2005 • Smurfit Stone Container Corp • Paperboard mills • New York
Contract Type FiledDecember 20th, 2005 Company Industry JurisdictionINCREMENTAL TERM LOAN ASSUMPTION AGREEMENT AND AMENDMENT NO. 2 dated as of December 20, 2005 (this “Assumption Agreement and Amendment”), related to the CREDIT AGREEMENT dated as of November 1, 2004, as amended by Amendment No. 1 dated as of September 30, 2005 (the “Credit Agreement”), among SMURFIT-STONE CONTAINER CORPORATION, a Delaware corporation (“SSCC”), as a Guarantor, SMURFIT-STONE CONTAINER ENTERPRISES, INC., a Delaware corporation (“SSCE”), SMURFIT-STONE CONTAINER CANADA INC., a corporation continued under the Companies Act (Nova Scotia) (“SSC Canada” and, together with SSCE, the “Borrowers”), the LENDERS from time to time party thereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as Senior Agent, Administrative Agent, Collateral Agent, Swingline Lender and Revolving Facility Facing Agent, DEUTSCHE BANK AG, an authorized foreign bank permitted to carry on business in Canada and listed on Schedule III of the Bank Act (Canada), as Canadian Administrati