Crown Pacific Limited Partnership
- 1998 Chevrolet Tahoe 4 DR, serial # 1GNEK13R5WJ373786, unit #A170
23.1.4
3.
PERSONAL PROPERTY LEASE PRORATIONS.
DURING THE PERIOD FROM THE
CLOSING DATE TO THE ORDER DATE, BUYER SHALL BE ENTITLED TO USE THE PERSONAL
PROPERTY THAT IS SUBJECT TO THE PERSONAL PROPERTY LEASES SET FORTH IN SECTION
1(C) OF THIS AMENDMENT (SUBJECT TO THE SECOND PROVISO THEREOF).
ALL AMOUNTS
PAID BY SELLER PURSUANT TO SUCH PERSONAL PROPERTY LEASES BETWEEN THE CLOSING
DATE AND THE ORDER DATE SHALL BE PRORATED BETWEEN THE PARTIES AS OF THE CLOSING
DATE, AND BUYER SHALL REIMBURSE SELLER ACCORDINGLY WITHIN FIVE (5) BUSINESS DAYS
AFTER A REQUEST THEREFOR MADE BY SELLER AFTER THE ORDER DATE.
4.
ALLOCATION.
BUYER AND SELLER HEREBY AGREE THAT THE SUM OF
$60,000, PLUS THE FAIR MARKET VALUE OF ANY FUEL ON HAND AT THE PORT ANGELES MILL
AND THE MARYSVILLE MILL AS OF THE CLOSING DATE, SHALL BE ALLOCATED TO PERSONAL
PROPERTY NOT CONSTITUTING EITHER MACHINERY AND EQUIPMENT USED IN MANUFACTURING
OR RAW MATERIALS, RESIDUALS AND FINISHED GOODS INVENTORY.
5.
MODIFICATION.
THIS AMENDMENT MAY NOT BE MODIFIED OR AMENDED
EXCEPT BY THE WRITTEN AGREEMENT OF THE PARTIES.
6.
BINDING EFFECT. THE PROVISIONS OF THIS AMENDMENT SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF THE PARTIES AND THEIR RESPECTIVE SUCCESSORS AND
PERMITTED ASSIGNS.
7.
EFFECT OF AMENDMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AMENDMENT, THE AGREEMENT SHALL REMAIN UNAMENDED AND IN FULL FORCE AND EFFECT.
ALL REFERENCES IN THE AGREEMENT TO "THIS AGREEMENT" SHALL BE DEEMED TO MEAN THE
AGREEMENT AS AMENDED BY THIS AMENDMENT.
8.
EXECUTION. THIS AMENDMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, ALL OF WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
EACH PARTY MAY RELY UPON THE SIGNATURE OF EACH OTHER PARTY ON THIS AMENDMENT
THAT IS TRANSMITTED BY FACSIMILE AS CONSTITUTING A DULY AUTHORIZED, IRREVOCABLE,
ACTUAL, CURRENT DELIVERY OF THIS AGREEMENT WITH THE ORIGINAL INK SIGNATURE OF
THE TRANSMITTING PARTY.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first above written.
Seller:
CROWN PACIFIC LIMITED PARTNERSHIP,
a Delaware limited partnership
By:
Crown Pacific Management Limited Partnership, its
General Partner
By:
/s/ Steven E. Dietrich
Name: Steven E. Dietrich
Title: Senior Vice President,
Chief Financial Officer and Treasurer
Buyer:
INTERNATIONAL FOREST PRODUCTS LIMITED, a
British Columbia corporation
By:
/s/ Lawrence D. Cocke
Name:
Lawrence D. Cocke
Title:
Corporate Controller
By:
/s/ G. J. Friesen
Name:
G. J. Friesen
Title:
VP & Corp. Secretary
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