OF THIS AMENDMENT SHALL BE TRUE, CORRECT AND COMPLETE.
3.4.
AGENT'S RECEIPT OF AN AMENDMENT FEE IN THE
AMOUNT OF $5,000.
4.
REFERENCE TO AND EFFECT UPON THE CREDIT
AGREEMENT AND OTHER LOAN DOCUMENTS.
4.1.
THE CREDIT AGREEMENT, THE NOTES AND EACH OTHER
LOAN DOCUMENT SHALL REMAIN IN FULL FORCE AND EFFECT AND EACH IS HEREBY RATIFIED
AND CONFIRMED BY BORROWER, HOLDINGS AND THE IP SUBSIDIARY.
WITHOUT LIMITING THE
FOREGOING, THE LIENS GRANTED PURSUANT TO THE COLLATERAL DOCUMENTS SHALL CONTINUE
IN FULL FORCE AND EFFECT AND THE GUARANTIES OF HOLDINGS AND THE IP SUBSIDIARY
SHALL CONTINUE IN FULL FORCE AND EFFECT.
4.2.
EACH REFERENCE IN THE CREDIT AGREEMENT TO
"THIS AGREEMENT", "HEREUNDER", "HEREOF", "HEREIN" OR ANY OTHER WORD OR WORDS OF
SIMILAR IMPORT SHALL MEAN AND BE A REFERENCE TO THE CREDIT AGREEMENT AS AMENDED
HEREBY, AND EACH REFERENCE IN ANY OTHER LOAN DOCUMENT TO THE CREDIT AGREEMENT OR
ANY WORD OR WORDS OF SIMILAR IMPORT SHALL BE AND MEAN A REFERENCE TO THE CREDIT
AGREEMENT AS AMENDED HEREBY.
5.
COUNTERPARTS.
THIS AMENDMENT MAY BE
EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS SHALL CONSTITUTE ONE AND THE SAME
INSTRUMENT.
A COUNTERPART SIGNATURE PAGE DELIVERED BY FAX TRANSMISSION SHALL BE
AS EFFECTIVE AS DELIVERY OF AN ORIGINALLY EXECUTED COUNTERPART.
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6.
COSTS AND EXPENSES.
AS PROVIDED IN
SECTION 11.3 OF THE CREDIT AGREEMENT, BORROWER SHALL PAY THE FEES, COSTS AND
EXPENSES INCURRED BY AGENT IN CONNECTION WITH THE PREPARATION, EXECUTION AND
DELIVERY OF THIS AMENDMENT (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS'
FEES).
7.
GOVERNING LAW.
THIS AMENDMENT SHALL BE
GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE INTERNAL LAWS (AS
OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF NEW YORK.
8.
HEADINGS.
SECTION HEADINGS IN THIS
AMENDMENT ARE INCLUDED HEREIN FOR CONVENIENCE OF REFERENCE ONLY AND SHALL NOT
CONSTITUTE A PART OF THIS AMENDMENT FOR ANY OTHER PURPOSE.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this Amendment has been duly executed as of the date first
written above.
BLUE RIDGE PAPER PRODUCTS INC., as Borrower
By:
/s/ John B. Wadsworth
Title:
Chief Financial Officer
BLUE RIDGE HOLDING CORP., as a Credit Party
By:
/s/ John B. Wadsworth
Title:
Chief Financial Officer
BRPP, LLC, as a Credit Party
By:
Blue Ridge Paper Products Inc., sole Member and
Manager
By:
/s/ John B. Wadsworth
Title:
Chief Financial Officer
GENERAL ELECTRIC CAPITAL CORPORATION,
as Agent and Lender
By:
/s/ Pieter Smit
Title: Duly Authorized Signatory
AMENDMENT NO. 6 TO CREDIT AGREEMENT