FIRST AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • January 7th, 2019 • Resolute Forest Products Inc. • Paper mills • New York
This FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT (this “Amendment”), is dated as of December 27, 2018, and amends that certain Asset Purchase Agreement, dated as of October 2, 2018 (the “Agreement”), by and between Resolute FP US Inc., a corporation organized and existing under the laws of the State of Delaware (“Seller”), New-Indy Containerboard LLC, a limited liability company organized and existing under the laws of the State of Delaware (“Parent”) and New-Indy Catawba LLC, a limited liability company organized and existing under the laws of the State of Delaware and a wholly owned subsidiary of Parent (“Purchaser” and together with Parent, the “Buyer Parties”). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Agreement.
ASSET PURCHASE AGREEMENT BETWEEN RESOLUTE FP US INC. (as Seller) NEW-INDY CONTAINERBOARD LLC (as Parent) AND NEW-INDY CATAWBA LLC (as Purchaser) DATED AS OF OCTOBER 2, 2018Asset Purchase Agreement • January 7th, 2019 • Resolute Forest Products Inc. • Paper mills • New York
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into and made effective as of October 2, 2018 (the “Effective Date”) by and between Resolute FP US Inc., a corporation organized and existing under the laws of the State of Delaware (“Seller”), New-Indy Containerboard LLC, a limited liability company organized and existing under the laws of the State of Delaware (“Parent”) and New-Indy Catawba LLC, a limited liability company organized and existing under the laws of the State of Delaware and a wholly owned subsidiary of Parent (“Purchaser” and together with Parent, the “Buyer Parties”). Capitalized terms used in this Agreement shall have the meanings ascribed to them in Section 10.1.
ContractAsset Purchase Agreement • January 7th, 2019 • Resolute Forest Products Inc. • Paper mills
On October 2, 2018, Resolute FP US Inc. (the “Seller”), a wholly owned subsidiary of Resolute Forest Products Inc. (the “Company”), entered into an Asset Purchase Agreement (the “Purchase Agreement”) with New-Indy Containerboard LLC (the “Parent”) and New-Indy Catawba LLC (the “Purchaser”), to sell the Company’s Catawba, South Carolina paper and pulp mill (the “Business”) to the Purchaser. We determined that the Business met the held for sale criteria, as prescribed by FASB ASC 360-10- 45-9, but did not meet the criteria to qualify as a discontinued operation. As such, the assets and liabilities of the paper and pulp mill were presented as “Assets held for sale” and “Liabilities held for sale” in our condensed consolidated balance sheet as of September 30, 2018, as filed within the Form 10-Q filed with the SEC on November 9, 2018.
