SEVENTH AMENDMENTCredit Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER CANADIAN FOREST PRODUCTS INC., a Canadian corporation (the "Borrower"), together with each additional borrower that becomes a party hereto pursuant to the terms hereof, as Borrower, BOWATER INCORPORATED, a Delaware corporation (the "Original U.S. Borrower"), together with each additional guarantor that becomes a party hereto pursuant to the terms hereof, as Guarantors, the lenders who are party to this Agreement or who may become a party to this Agreement pursuant to Section 14.10 hereof, as Lenders, and THE BANK OF NOVA SCOTIA, as Administrative Agent for the Lenders.
CREDIT AGREEMENT dated as of May 31, 2006Credit Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER INCORPORATED, a Delaware corporation (the "Borrower"), the lenders who are party to this Agreement pursuant to the execution of the authorization (the "Lender Authorization") attached hereto as Annex A or who may become a party to this Agreement pursuant to Section 13.10 hereof, as Lenders, and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
CREDIT AGREEMENT dated as of May 31, 2006Credit Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER CANADIAN FOREST PRODUCTS INC., a Canadian corporation, as Borrower (the "Borrower"), BOWATER INCORPORATED, a Delaware corporation, as Guarantor (the "U.S. Borrower"), the lenders who are party to this Agreement pursuant to the execution of the authorization (the "Lender Authorization") attached hereto as Annex A or who may become a party to this Agreement pursuant to Section 14.10 hereof, as Lenders, and THE BANK OF NOVA SCOTIA, as Administrative Agent for the Lenders.
IMPLEMENTATION AGREEMENTImplementation Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills
AND: ALCOA LTD. (Hereinafter referred to as "Alcoa Ltd." and collectively with Alcoa Canada and Newco, as defined in Section 3.6 hereof, "Alcoa");
TENTH AMENDMENT AND WAIVERTenth Amendment and Waiver • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER CANADIAN FOREST PRODUCTS INC., a Canadian corporation (the "Borrower"), together with each additional borrower that becomes a party hereto pursuant to the terms hereof, as Borrower, BOWATER INCORPORATED, a Delaware corporation (the "Original U.S. Borrower "), BOWATER ALABAMA LLC (formerly known as Bowater Alabama, Inc.), an Alabama limited liability company (the "Coosa Pines Borrower"), BOWATER NEWSPRINT SOUTH LLC, a Delaware limited liability company ("BNS Holdings") and BOWATER NEWSPRINT SOUTH OPERATIONS LLC (formerly known as Bowater Newsprint South, Inc.), a Delaware limited liability company and the successor by merger to Bowater Mississippi, LLC (the "Grenada Borrower" and, collectively with the Coosa Pines Borrower and BNS Holdings, the "New U.S. Borrowers"), together with each additional guarantor that becomes a party hereto pursuant to the terms hereof, as Guarantors, the lenders who are party to this Agreement o
SENIOR SECURED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENTSenior Secured Superpriority Debtor in Possession Credit Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
SENIOR SECURED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of April 21, 2009, by and among ABITIBIBOWATER INC., a Delaware corporation ("Parent"), BOWATER INCORPORATED, a Delaware corporation ("Bowater"), BOWATER CANADIAN FOREST PRODUCTS INC. a Nova Scotia company ("Bowater Canada", and together with the Parent and Bowater, "Borrowers") and each Guarantor, each as debtors and debtors in possession under Chapter 11 of the Bankruptcy Code (as hereinafter defined) and as debtor companies under the CCAA (as hereinafter defined), AVENUE INVESTMENTS, L.P. ("Avenue Investments"), as a Lender, FAIRFAX FINANCIAL HOLDINGS LTD., as a Lender, ("FFH" and together with Avenue Investments, the "Initial Lenders"), the other Lenders party hereto from time to time, and FFH, as administrative agent (in such capacity, the "Administrative Agent") and collateral agent (in such capacity, the "Collateral Agent").
THIRD AMENDMENT AND WAIVERThird Amendment and Waiver • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER INCORPORATED, a Delaware corporation (the "Original Borrower"), together with each additional borrower that becomes a party hereto pursuant to the terms hereof, as borrower, the lenders who are party to this Agreement or who may become a party to this Agreement pursuant to Section 13.10 hereof, as Lenders, and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
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.,Credit and Guaranty Agreement • December 18th, 2009 • 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. PERFORMANCE-BASED VESTING RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • Delaware
THIS RESTRICTED STOCK UNIT AGREEMENT, dated as of [Insert Date] (the "Date of Grant") is made by and between AbitibiBowater Inc., a Delaware corporation (the "Company"), and ("Participant").
SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of June 16, 2009 Among ABITIBI-CONSOLIDATED U.S. FUNDING CORP. as the Seller and CITIBANK, N.A., BARCLAYS BANK PLC and the other financial and other institutions from time to time...Receivables Purchase Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
PRELIMINARY STATEMENT. Abitibi-Consolidated U.S. Funding Corp. (the “Seller”), Citibank, N.A., Citibank, N.A., London Branch (“CLB”), ACI and ACSC entered into that certain Amended and Restated Receivables Purchase Agreement dated as of January 31, 2008 (as amended prior to the date hereof, the “Existing RPA”). The Seller has acquired, and may continue to acquire, Receivables from the Originators, either by purchase or (in the case of ACSC) by contribution to the capital of the Seller, as determined from time to time by the Seller and the applicable Originator. The Seller has sold and is prepared to continue to sell undivided fractional ownership interests (referred to herein as “Receivable Interests”) in the Receivables. The Banks are prepared to continue to purchase such Receivable Interests, in each case on the terms set forth herein. The parties hereto wish to amend and restate the Existing RPA in its entirety. Accordingly, the parties agree that the Existing RPA is amended and res
FORM OF ASSUMPTION AND CONSENT TO ASSIGNMENT AGREEMENTAssumption and Consent to Assignment Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills
EIGHTH AMENDMENT AND WAIVEREighth Amendment and Waiver • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
CREDIT AGREEMENT, dated as of May 31, 2006, by and among BOWATER INCORPORATED, a Delaware corporation (the "Original Borrower "), Bowater Alabama LLC (formerly known as Bowater Alabama, Inc.), an Alabama limited liability company (the "Coosa Pines Borrower"), Bowater Newsprint South LLC, a Delaware limited liability company ("BNS Holdings") and Bowater Newsprint South Operations LLC (formerly known as Bowater Newsprint South, Inc.), a Delaware limited liability company and the successor by merger to Bowater Mississippi, LLC (the "Grenada Borrower" and, collectively with the Coosa Pines Borrower and BNS Holdings, the "New Borrowers"), together with each additional borrower that becomes a party hereto pursuant to the terms hereof, as Borrower, the lenders who are party to this Agreement or who may become a party to this Agreement pursuant to Section 13.10 hereof, as Lenders, and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
AMENDED AND RESTATED PURCHASE AND CONTRIBUTION AGREEMENTPurchase and Contribution Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
ABITIBI-CONSOLIDATED INC., a Canadian corporation, and ABITIBI CONSOLIDATED SALES CORPORATION, a Delaware corporation (each, a "Seller" and together, the "Sellers"), and ABITIBI-CONSOLIDATED U.S. FUNDING CORP., a Delaware corporation (the "Purchaser"), agree as follows:
AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York
PRELIMINARY STATEMENT. The Seller, Eureka, Citibank, the Agent, ACI and ACSC (as such terms are herein defined) entered into that certain Receivables Purchase Agreement dated as of October 27, 2005 (as amended prior to the date hereof, the "Original RPA"). The Seller has acquired, and may continue to acquire, Receivables from the Originators (as hereinafter defined), either by purchase or (in the case of ACSC) by contribution to the capital of the Seller, as determined from time to time by the Seller and the applicable Originator. The Seller has sold and is prepared to continue to sell undivided fractional ownership interests (referred to herein as "Receivable Interests") in the Receivables. Eureka (as hereinafter defined) may, in its sole discretion, purchase such Receivable Interests, and the Banks are prepared to purchase such Receivable Interests, in each case on the terms set forth herein. The parties hereto wish to amend and restate the Original RPA in its entirety. Accordingly,
