BOWATER INCORPORATED Sample Clauses

BOWATER INCORPORATED. Arnoxx X. Xxxxxxx Chairman and Chief Executive Officer -------------------------------------------------------------------------------- I hereby acknowledge receipt of the Non-Qualified Stock Option (the "Option") granted on the date shown above, which has been issued to me under the terms and conditions of the Bowater Incorporated 1997 Stock Option Plan (the "Plan"). I agree to conform to all of the terms and conditions of the Option and Plan. Date: _______________________Your Signature: ___________________________________
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BOWATER INCORPORATED. By: ----------------------- Name: James T. Wright Title: Sr. Vice Xxxxxxxxx - Xxxan Resources
BOWATER INCORPORATED. The lease and lease-back arrangement with the Industrial Development Board of the City of Albertville relating to the Albertville sawmill Any Lien on the Catawba Acre disclosed on Schedule III Delaware Secretary of State Debtor: Bowater Incorporated Secured Party: OMNOVA Solutions, Inc. File No.: 1129808 7 9-27-2001 (cont'd 5-11-2006) Collateral: Consigned inventory Debtor: Bowater Incorporated Secured Party: Applied Industrial Technologies-Xxxxx, Inc. File No.: 2274810 5 10-31-2002 (cont'd 10-30-2007) Collateral: Consigned inventory Debtor: Bowater Incorporated Secured Party: Winthrop Resources Corporation File No.: 3093493 8 4-2-2003 (cont'd 12-10-2007) Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: Applied Industrial Technologies-Xxxxx, Inc. File No.: 3131004 7 5-22-2003 (cont'd 5-19-2008) Collateral: Purchase Money Security Interest in and to all consigned equipment Debtor: Bowater Incorporated Debtor: Applied Industrial Technologies-Xxxxx, Inc. File No.: 3323038 3 12-9-2003 (cont'd 12-5-2008) Collateral: Consigned equipment Debtor: Bowater Incorporated Secured Party: Barloworld Fleet Leasing LLC File No.: 4150112 3 6-1-2004 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: XXX America, Inc. File No.: 4172690 2 6-22-2004 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: De Xxxx Xxxxxx Financial Services, Inc. File No.: 4302860 4 10-27-2004 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: Barloworld Fleet Leasing, Inc. File No.: 4312848 7 11-5-2004 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: NTFC Capital Corporation File No.: 4364293 3 12-27-2004 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: Relational, LLC Assignee: MB Financial Bank, N.A. File No.: 5085058 7 3-17-2005 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: FCC Equipment Financing, Inc. File No.: 5131653 9 4-28-2005 Collateral: Xxxxxx Industrial Lift Truck Debtor: Bowater Incorporated Secured Party: De Xxxx Xxxxxx Financial Services, Inc. File No.: 5136254 1 5-3-2005 Collateral: Leased equipment Debtor: Bowater Incorporated Secured Party: Caterpillar Financial Services Corporation File No.: 5152186 4 5-17-2005 Collateral: Leased Caterpillar equipment Debtor: Bowater Incorporated Secured Party: FCC Equipment Financing, Inc. File No.: 5154911 3 5-19-2005 Collateral: Xxxxxx Industrial Lift Truck and proceeds Debtor: Bowate...
BOWATER INCORPORATED. By: ----------------------------------- Name: Title: JPMORGAN CHASE BANK, as Administrative Agent and as Issuing Lender By: ----------------------------------- Name: Title: [ADD ANY OTHER ISSUING LENDER], as Issuing Lender By: ----------------------------------- Name: Title: --------- (2) Consents to be included to the extent required by Section 10.04(b) of the Credit Agreement. EXHIBIT B [Form of Opinion of Counsel to the Company] May [__], 2002 To the Lenders party to the Credit Agreement referred to below and JPMorgan Chase Bank, as Administrative Agent Ladies and Gentlemen: I am the Assistant General Counsel and Assistant Secretary of Bowater Incorporated, a corporation organized under the laws of Delaware (the "Company"), and have acted as counsel to the Company in connection with the Credit Agreement (the "Credit Agreement") dated as of May [__], 2002 between the Company, the lenders party thereto and JPMCB, as Administrative Agent, providing for extensions of credit to be made by said lenders to the Company in an aggregate principal or face amount not exceeding $800,000,000. Terms defined in the Credit Agreement are used herein as defined therein. This opinion letter is being delivered pursuant to Section 5.01(b) of the Credit Agreement. In rendering the opinions expressed below, I have examined the following agreements, instruments and other documents:
BOWATER INCORPORATED. By: ------------------------------ Name: Title: EXHIBIT E [Form of Competitive Bid] To: JPMorgan Chase Bank, as Administrative Agent Attention: [____________] Re: Competitive Bid to [Name of Applicable Borrower] (the "Requesting Borrower") This Competitive Bid is given in accordance with Section 2.04(b) of the Credit Agreement dated as of May [__], 2002 (as modified and supplemented and in effect from time to time, the "Credit Agreement") between Bowater Incorporated, the Subsidiary Borrowers party thereto, the lenders party thereto and JPMorgan Chase Bank, as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. In response to the Requesting Borrower's invitation dated __________, 200__, we hereby make the following Competitive Bid(s) on the following terms:

Related to BOWATER INCORPORATED

  • Recitals Incorporated The recitals of this Agreement are incorporated herein and made a part hereof.

  • Plan Incorporated Employee acknowledges receipt of a copy of the Plan, and agrees that this award of Restricted Stock Units shall be subject to all of the terms and conditions set forth in the Plan, including future amendments thereto, if any, pursuant to the terms thereof, which is incorporated herein by reference as a part of this Agreement. Except as defined herein, capitalized terms shall have the same meanings ascribed to them under the Plan.

  • PARTS INCORPORATED 1.03.1 The above-described sections and exhibits are incorporated into this Agreement.

  • Exhibits Incorporated All Exhibits attached are hereby incorporated into this Agreement.

  • Schedules Incorporated The Schedules annexed hereto are hereby incorporated herein as a part of this Agreement with the same effect as if set forth in the body hereof.

  • Due Incorporation The Company and each of its subsidiaries is a corporation duly organized, validly existing and in good standing under the laws of the respective jurisdictions of their incorporation and have the requisite corporate power to own their properties and to carry on their business as now being conducted. The Company and each of its subsidiaries is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary, other than those jurisdictions in which the failure to so qualify would not have a material adverse effect on the business, operations or prospects or condition (financial or otherwise) of the Company.

  • DEFINITIONS AND INCORPORATION BY REFERENCE

  • BIDS/PROPOSALS INCORPORATED In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

  • mean Prudential Securities Incorporated E. The aggregate number of Units referred to in Sections 2.03 and 9.01 of the Basic Agreement is as of the date hereof.

  • Incorporated In such case involving the Holders and such Persons who control Holders, such firm shall be designated in writing by the Majority Holders. In all other cases, such firm shall be designated by the Company. The indemnifying party shall not be liable for any settlement of any proceeding effected without its written consent but, if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel as contemplated by the second and third sentences of this paragraph, the indemnifying party agrees that it shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by such indemnifying party of the aforesaid request and (ii) such indemnifying party shall not have reimbursed the indemnified party for such fees and expenses of counsel in accordance with such request prior to the date of such settlement. No indemnifying party shall, without the prior written consent of the indemnified party, effect any settlement of any pending or threatened proceeding in respect of which such indemnified party is or could have been a party and indemnity could have been sought hereunder by such indemnified party, unless such settlement includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such proceeding.

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