Common use of R E C I T Clause in Contracts

R E C I T. A L S --------------- The Board previously issued and sold (i) $150,000,000 in aggregate principal amount of the Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1997A (the "Series 1997A Bonds"), and (ii) $85,000,000 in aggregate principal amount of the Industrial Development Board of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1998A (the "Series 1998A Bonds") pursuant to a Trust Indenture dated as of September 1, 1997 (the "Original Indenture" as amended and supplemented to date, the "Indenture") from the Board to The First National Bank of Chicago, as successor Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1997A Bonds for the payment of outstanding industrial development temporary borrowing notes (the "Notes") issued by the Board for the purpose of funding the acquisition, construction and installation of a coated natural kraft mill and related facilities (the "Project") in connection with certain industrial facilities located near Phenix City, Alabama. The Project is owned by the Board and leased to the Company pursuant to a Lease Agreement dated as of September 1, 1997, as amended by a First Amendment to Lease Agreement dated as of August 1, 1998 and a Second Amendment to Lease Agreement dated as of September 30, 1998 (the "Agreement"). The Agreement obligates the Company to make rental payments in such amounts and at such times as will provide for the payment of the principal and interest on the Series 1997A Bonds and the Series 1998A Bonds as the same becomes due and payable. Under Article IV of the Original Indenture, the Board is permitted to issue Additional Bonds (as defined in the Original Indenture) in order to pay additional Notes issued by the Board in furtherance of the Project. In that connection, the Board is issuing $30,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1999A (the "Series 1999A Bonds"), pursuant to the Original Indenture as supplemented by a Third Supplemental Trust Indenture dated as of August 1, 1999 (the "Third Supplemental Indenture") from the Board to the Trustee. The Original Indenture as supplemented by the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture is hereinafter referred to as the "Indenture".

R E C I T. A L S --------------- The Board has previously issued and sold (i) $150,000,000 48,000,000 in aggregate principal amount of the The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1997A 1993A (the "Series 1997A Bonds"), and (ii) $85,000,000 in aggregate principal amount of the Industrial Development Board of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1998A (the "Series 1998A 1993A Bonds") pursuant to a Trust Indenture dated as of September June 1, 1997 1993 (the "Original Indenture" as amended and supplemented to date, the "Indenture") from the Board to The First National AmSouth Bank of ChicagoAlabama (formerly AmSouth Bank, N.A.), as successor Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1997A 1993A Bonds for the payment of outstanding industrial development temporary borrowing notes (the "Notes") issued by the Board for the purpose of funding the acquisition, construction and installation of a coated natural kraft mill and related facilities (the "Project") in connection with certain industrial facilities located near Phenix City, Alabama. The Project is owned by the Board and leased to the Company pursuant to a Lease Agreement dated as of September June 1, 1997, as amended by a First Amendment to Lease Agreement dated as of August 1, 1998 and a Second Amendment to Lease Agreement dated as of September 30, 1998 1993 (the "Agreement"). The Agreement obligates the Company to make rental payments in such amounts and at such times as will provide for the payment of the principal and interest on the Series 1997A Bonds and the Series 1998A 1993A Bonds as the same becomes due and payable. Under Article IV of the Original Indenture, the Board is permitted to issue Additional Bonds (as defined in the Original Indenture) in order to pay additional Notes issued by the Board in furtherance of connection with the Project. In that connection, the Board is issuing $30,000,000 88,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1999A 1995A (the "Series 1999A 1995A Bonds"), pursuant to the Original Indenture as supplemented by a Third First Supplemental Trust Indenture dated as of August February 1, 1999 1995 (the "Third First Supplemental Indenture") from the Board to the Trustee. The Original Indenture as supplemented by the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture is hereinafter referred to as the "Indenture".

R E C I T. A L S --------------- The Board previously issued and sold (i) $150,000,000 in aggregate principal amount of the The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1997A (the "Series 1997A Bonds"), and (ii) $85,000,000 in aggregate principal amount of the Industrial Development Board of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1998A (the "Series 1998A Bonds") pursuant to a Trust Indenture dated as of September 1, 1997 (the "Original Indenture" as amended and supplemented to date, the "Indenture") from the Board to AmSouth Bank, formerly AmSouth Bank of Alabama, as Trustee (the "Prior Trustee"). Pursuant to the First Supplemental Indenture dated as of September 15, 1998 (the "First Supplemental Indenture") and a resolution of the Board of even date, The First National Bank of Chicago, Chicago has been appointed as successor Trustee trustee under the Original Indenture (the "Trustee"). The Board has used the proceeds of the sale of the Series 1997A Bonds for the payment of outstanding industrial development temporary borrowing notes (the "Notes") issued by the Board for the purpose of funding the acquisition, construction and installation of a coated natural kraft mill and related facilities (the "Project") in connection with certain industrial facilities located near Phenix City, Alabama. The Project is owned by the Board and leased to the Company pursuant to a Lease Agreement dated as of September 1, 1997, as amended by a First Amendment to Lease Agreement dated as of August 1, 1998 and a Second Amendment to Lease Agreement dated as of September 30, 1998 (the "Agreement"). The Agreement obligates the Company to make rental payments in such amounts and at such times as will provide for the payment of the principal and interest on the Series 1997A Bonds and the Series 1998A Bonds as the same becomes due and payable. Under Article IV of the Original Indenture, the Board is permitted to issue Additional Bonds (as defined in the Original Indenture) in order to pay additional Notes issued by the Board in furtherance of connection with the Project. In that connection, the Board is issuing $30,000,000 85,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1999A 1998A (the "Series 1999A 1998A Bonds"), pursuant to the Original Indenture as supplemented by a Third Second Supplemental Trust Indenture dated as of August 1September 30, 1999 1998 (the "Third Second Supplemental Indenture") from the Board to the Trustee. The Original Indenture as supplemented by the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture is hereinafter referred to as the "Indenture".

R E C I T. A L S --------------- The Board has previously issued and sold (i) $150,000,000 85,000,000 in aggregate principal amount of the The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1997A 1988A (the "Series 1997A 1988A Bonds"), and (ii) $85,000,000 43,000,000 in aggregate principal amount of the The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1998A 1989A (the "Series 1998A 1989A Bonds") pursuant to a Trust Indenture Indenture, dated as of September December 1, 1997 1988 (the "Original Indenture" "), as amended and supplemented to dateby a First Supplemental Trust Indenture dated as of March 1, 1989 (collectively, the "Indenture") from the Board to The First National AmSouth Bank of ChicagoN.A., as successor Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1997A 1988A Bonds and the Series 1989A Bonds for the payment of outstanding industrial development temporary borrowing notes (the "Notes") issued by the Board for the purpose of funding the acquisition, construction and installation of a coated natural kraft mill and related facilities (the "Project") in connection with certain industrial facilities located near Phenix City, Alabama. The Project is owned by the Board and leased to the Company pursuant to a Lease Agreement dated as of September December 1, 19971988, as amended by a the First Amendment to To Lease Agreement dated as of August March 1, 1998 and a Second Amendment to Lease Agreement dated as of September 301989 (collectively, 1998 (the "Agreement"). The Agreement obligates the Company to make rental payments in such amounts and at such times as will provide for the payment of the principal and interest on the Series 1997A 1988A Bonds and the Series 1998A 1989A Bonds as the same becomes due and payable. Under Article IV of the Original Indenture, the Board is permitted to issue Additional Bonds (as defined in the Original Indenture) in order to pay additional Notes issued by the Board in furtherance of connection with the Project. In that connection, the Board is issuing $30,000,000 45,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1999A 1989B (the "Series 1999A 1989B Bonds"), pursuant to the Original Indenture as supplemented by a Third Second Supplemental Trust Indenture dated as of August April 1, 1999 1989 (the "Third Second Supplemental Indenture") from the Board to the Trustee. The Original Indenture as supplemented by the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture is hereinafter referred to as the "Indenture".