PE PAPER ESCROW GmbH as Issuer J.P. MORGAN EUROPE LIMITED as Security Agent THE BANK OF NEW YORK MELLON as Trustee, Transfer Agent, Registrar and Principal Paying Agent and THE BANK OF NEW YORK MELLON (LUXEMBOURG) S.A. as Luxembourg Paying Agent,...Indenture • July 7th, 2010 • Sappi LTD • Converted paper & paperboard prods (no contaners/boxes) • New York
INDENTURE dated as of July 29, 2009 by and among PE Paper Escrow GmbH, an Austrian limited liability company (Gesellschaft mit beschränkter Haftung), having its registered office at Teinfaltstrasse 8, 1010 Vienna, Austria and registered with the Commercial Court of Vienna, Austria under registration number FN 315874 x, J.P. Morgan Europe Limited, as Security Agent, The Bank of New York Mellon, as Trustee, Principal Paying Agent, Registrar and Transfer Agent, and The Bank of New York Mellon (Luxembourg) S.A., as Luxembourg Paying Agent, Transfer Agent and Registrar.
M-real Corporation and Sappi LimitedLock-Up Deed • July 7th, 2010 • Sappi LTD • Converted paper & paperboard prods (no contaners/boxes)
The RCF Finance Parties The Hedge Counterparties UniCredit Bank Austria AG as OeKB Agent The OeKB Lenders The Bank of New York Mellon as Bond Trustee The Original Debtors and othersIntercreditor Agreement • July 7th, 2010 • Sappi LTD • Converted paper & paperboard prods (no contaners/boxes)
BRINGING THIS DOCUMENT OR ANY CERTIFIED COPY OF THIS DOCUMENT INTO THE REPUBLIC OF AUSTRIA AS WELL AS ANY WRITTEN CONFIRMATION (INCLUDING E-MAIL AND FAX) OR WRITTEN REFERENCE (INCLUDING E-MAIL AND FAX) TO THIS DOCUMENT MAY CAUSE THE IMPOSITION OF AUSTRIAN STAMP DUTY TAX. PLEASE READ CLAUSE 22.3 (STAMP TAXES), 25 (NOTICES) AND 28 (PLACE OF PERFORMANCE) OF THIS AGREEMENT IN CONNECTION WITH THE FOREGOING.
Euro 209,000,000 CREDIT AGREEMENT dated 27 August 2009 for SAPPI LIMITED, SAPPI PAPIER HOLDING GMBH AND OTHERS arranged by CITIBANK, N.A. LONDON BRANCH THE ROYAL BANK OF SCOTLAND PLC UNICREDIT BANK AUSTRIA AG HSBC BANK PLC KBC BANK NV with acting as...Credit Agreement • July 7th, 2010 • Sappi LTD • Converted paper & paperboard prods (no contaners/boxes)
BRINGING THIS DOCUMENT OR ANY CERTIFIED COPY OF THIS DOCUMENT INTO THE REPUBLIC OF AUSTRIA AS WELL AS ANY WRITTEN CONFIRMATION (INCLUDING E-MAIL AND FAX) OR WRITTEN REFERENCE (INCLUDING E-MAIL AND FAX) TO THIS DOCUMENT MAY CAUSE THE IMPOSITION OF AUSTRIAN STAMP DUTY TAX. PLEASE READ CLAUSE 13.5 (STAMP TAXES), 29.1 (PAYMENTS TO THE AGENT), 31 (NOTICES) AND 37 (PLACE OF PERFORMANCE) OF THIS AGREEMENT IN CONNECTION WITH THE FOREGOING.
AMENDING AGREEMENT dated 27 August 2009 relating to SAPPI PAPIER HOLDING GMBH’S EUR 500,106,406 FACILITY AGREEMENT dated 7 May 2003, as amended and restated pursuant to an amending agreement dated 18 November 2005, between SAPPI PAPIER HOLDING GMBH as...Amending Agreement • July 7th, 2010 • Sappi LTD • Converted paper & paperboard prods (no contaners/boxes)
THIS AGREEMENT (also referred to as the Potlatch 09) is dated 7 May 2003, as amended and restated pursuant to an amending agreement dated 18 November 2005 and pursuant to an amending agreement dated 27 August 2009 and made between:
