Re: Limited Waiver and Amendment No. 2 to Note AgreementNote Purchase Agreement • April 1st, 2009 • Kapstone Paper & Packaging Corp • Paper mills • Illinois
This limited waiver and amendment letter (this “Letter”) makes reference to that certain Note Purchase Agreement, dated as of July 1, 2008 (as amended by Amendment No. 1 thereto dated as of August 25, 2008, the “Note Agreement”), among Kapstone Kraft Paper Corporation, a Delaware corporation (the “Company”), Kapstone Paper and Packaging Corporation, a Delaware corporation (the “Parent”), and The Prudential Insurance Company of America (“Prudential”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement, as amended hereby.
SECOND AMENDMENT AND LIMITED WAIVER AGREEMENTCredit Agreement • April 1st, 2009 • Kapstone Paper & Packaging Corp • Paper mills • Illinois
THIS SECOND AMENDMENT AND LIMITED WAIVER AGREEMENT (this “Agreement”) dated as of March 30, 2009 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.
