ABITIBI-CONSOLIDATED COMPANY OF CANADA AND EACH OF THE GUARANTORS PARTY HERETO 15.5% SENIOR NOTES DUE 2010 INDENTURE Dated as of April 1, 2008 WELLS FARGO BANK, NATIONAL ASSOCIATION TrusteeIndenture • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
INDENTURE dated as of April 1, 2008 among Abitibi-Consolidated Company of Canada, a company amalgamated under the laws of the province of Quebec, Canada (the “Issuer”), Abitibi-Consolidated Inc., a company amalgamated under the laws of Canada (the “Company”), the other Guarantors (as defined herein) and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
Abitibi-Consolidated Company of Canada unconditionally guaranteed as to the payment of principal, premium, if any, and interest by the Guarantors named on Schedule I hereto Exchange and Registration Rights AgreementExchange and Registration Rights Agreement • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
Abitibi-Consolidated Company of Canada, a company amalgamated under the laws of the province of Quebec (the “Company”), proposes to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) $413.0 million in aggregate principal amount of its 13.75% Senior Secured Notes due 2011 specified above, which are unconditionally guaranteed by the Guarantors (as defined herein). As an inducement to the Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Purchasers thereunder, the Company and the Guarantors agree with the Purchasers for the benefit of holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:
ABITIBI-CONSOLIDATED COMPANY OF CANADA AND EACH OF THE GUARANTORS PARTY HERETO 13.75% SENIOR SECURED NOTES DUE 2011 INDENTURE Dated as of April 1, 2008 WELLS FARGO BANK, NATIONAL ASSOCIATION TrusteeIndenture • April 7th, 2008 • AbitibiBowater Inc. • Paper mills
INDENTURE dated as of April 1, 2008 among Abitibi-Consolidated Company of Canada, a company amalgamated under the laws of the province of Quebec, Canada (the “Issuer”), Abitibi-Consolidated Inc., a company amalgamated under the laws of Canada (the “Company”), the other Guarantors (as defined herein) and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
CREDIT AND GUARANTY AGREEMENT dated as of April 1, 2008 among ABITIBI- CONSOLIDATED COMPANY OF CANADA, ABITIBI-CONSOLIDATED INC., CERTAIN SUBSIDIARIES AND AFFILIATES OF ABITIBI-CONSOLIDATED INC., as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS CREDIT...Credit and Guaranty Agreement • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
This CREDIT AND GUARANTY AGREEMENT, dated as of April 1, 2008, is entered into by and among ABITIBI-CONSOLIDATED COMPANY OF CANADA, a company amalgamated under the laws of the Province of Québec, Canada (“Borrower”), ABITIBI-CONSOLIDATED INC., a corporation amalgamated under the laws of Canada (“Holdings”), CERTAIN SUBSIDIARIES AND AFFILIATES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Syndication Agent (in such capacity, “Syndication Agent”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and as Documentation Agent (in such capacity, “Documentation Agent”), and GSCP, as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).
ABITIBIBOWATER INC., as Issuer, and BOWATER INCORPORATED, as Guarantor 8% CONVERTIBLE SENIOR NOTES DUE 2013 INDENTURE DATED AS OF APRIL 1, 2008 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS TRUSTEEIndenture • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
THIS INDENTURE dated as of April 1, 2008 is among AbitibiBowater Inc., a corporation duly organized under the laws of the State of Delaware (the “Company”), Bowater Incorporated, a corporation duly organized under the laws of the State of Delaware, as guarantor (the “Guarantor”), and The Bank of New York Trust Company, N.A., a national banking association, as Trustee (the “Trustee”).
Registration And Qualification Rights Agreement Dated as of April 1, 2008 by and between AbitibiBowater Inc. and Fairfax Financial Holdings LimitedRegistration and Qualification Rights Agreement • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
This Registration and Qualification Rights Agreement (this “Agreement”) is made and entered into this 1st day of April, 2008, between AbitibiBowater Inc., a Delaware corporation (the “Company”) and Fairfax Financial Holdings Limited, a corporation incorporated under the laws of Canada (the “Purchaser”).
FIFTH SUPPLEMENTAL INDENTURESupplemental Indenture • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
FIFTH SUPPLEMENTAL INDENTURE dated as of April 1, 2008, by and among Abitibi-Consolidated Inc. (the “Company”), Abitibi-Consolidated Finance L.P. (“Finance L.P.”), as issuer, a corporation duly organized and existing under the laws of Canada, Abitibi-Consolidated Company of Canada (“ACCC”), a corporation duly organized and existing under the laws of the Province of Quebec, as co-obligor, and The Bank of Nova Scotia Trust Company of New York, as trustee (the “Trustee”) (the “Fifth Supplemental Indenture”), supplementing the Indenture dated as of July 26, 1999 among the Company, Finance L.P. and the Trustee (the “Base Indenture”), as supplemented by: (i) that certain First Supplemental Indenture dated as of September 1, 2001 among (1) the Company, (2) Finance L.P., (3) the Company and 3834328 Canada Inc. (“3834328”) as partners of Abitibi-Consolidated General Partnership (“ACGP”) and (4) the Trustee (the “First Supplemental Indenture”); (ii) that certain Second Supplemental Indenture dat
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • April 7th, 2008 • AbitibiBowater Inc. • Paper mills • New York
This FIRST SUPPLEMENTAL INDENTURE, dated as of April 1, 2008 (the “First Supplemental Indenture”), by and among Abitibi-Consolidated Inc., a corporation duly organized and existing under the laws of Canada (the “Company”), Abitibi-Consolidated Company of Canada (“ACCC”), a corporation duly organized and existing under the laws of the Province of Quebec, and The Bank of Nova Scotia Trust Company of New York, as trustee (the “Trustee”), supplements the Indenture, dated as of December 11, 2001 (the “Indenture”), by and among the Company, ACCC and the Trustee.
