Common use of R E C I T Clause in Contracts

R E C I T. A L S --------------- The Board has previously issued and sold $85,000,000 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 1988A (the "Series 1988A Bonds"); $43,000,000 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 1989A (the "Series 1989A Bonds"); $45,000,000 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 1989B (the "Series 1989B Bonds"); $37,000,000 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 1989C (the "Series 1989C Bonds"); $40,000,000 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 1989D (the "Series 1989D Bonds"); $49,667,074 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1989E (the "Series 1989E Bonds") and $170,000,000 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project) Series 1990A (the "Series 1990A Bonds") pursuant to a Trust Indenture dated as of December 1, 1988 (the "Original Indenture"), as supplemented by a First Supplemental Trust Indenture dated as of March 1, 1989, a Second Supplemental Trust Indenture dated as of April 1, 1989, a Third Supplemental Trust Indenture dated as of June 1, 1989, a Fourth Supplemental Trust Indenture dated as of July 1, 1989, a Fifth Supplemental Trust Indenture dated as of December 1, 1989, a Sixth Supplemental Trust Indenture dated as of May 1, 1990 and a Seventh Supplemental Trust Indenture dated as of June 1, 1990 (collectively, the "Indenture"), from the Board to AmSouth Bank N.A., as Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A 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 December 1, 1988, as amended by the First Amendment To Lease Agreement dated as of March 1, 1989, the Second Amendment To Lease Agreement dated as of April 1, 1989, the Third Amendment To Lease Agreement dated as of June 1, 1989, the Fourth Amendment To Lease Agreement dated as of July 1, 1989, the Fifth Amendment To Lease Agreement dated as December 1, 1989, the Sixth Amendment To Lease Agreement dated as of May 1, 1990 and the Seventh Amendment to Lease Agreement dated as of June 1, 1990 (collectively 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 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A Bonds as the same becomes due and payable. The Project is located on the real property described in Exhibit A to the Agreement (the "Project Land"). The Company desires to amend the Agreement to modify the description of Project Land in order to more accurately include that land which constitutes the site of the Project. Pursuant to Article 1502 of the Original Indenture, the Board is permitted to amend the Agreement upon the mailing of notice to, and obtaining the written consent of, the holders of not less than 2/3 in principal amount of the outstanding Bonds.

R E C I T. A L S --------------- The Board has previously issued and sold $85,000,000 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 1988A (the "Series 1988A Bonds"); $43,000,000 in aggregate principal amount of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), project) Series 1989A (the "Series 1989A Bonds"); $45,000,000 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 1989B (the "Series 1989B Bonds"); $37,000,000 in aggregate principal amount of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), project) Series 1989C (the "Series 1989C Bonds"); $40,000,000 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 1989D (the "Series 1989D Bonds"); $49,667,074 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1989E (the "Series 1989E Bonds") and $170,000,000 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project) ), Series 1990A (the "Series 1990A Bonds"" ) pursuant to a Trust Indenture dated as of December 1, 1988 (the "Original Indenture"), as supplemented by a First Supplemental Trust Indenture dated as of March 1, 1989, a Second Supplemental Trust Indenture dated as of April 1, 1989, a Third Supplemental Trust Indenture dated as of June 1, 1989, a Fourth Supplemental Trust Indenture dated as of July 1, 1989, a Fifth Supplemental Trust Indenture dated as of December 1, 1989, 1989 and a Sixth Supplemental Trust Indenture dated as of May 1, 1990 and a Seventh Supplemental Trust Indenture dated as of June 1, 1990 (collectively, collectively the "Indenture"), from the Board to AmSouth Bank N.A., as Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A 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 December 1, 1988, as amended by the First Amendment To Lease Agreement dated as of March 1, 1989, 1989 the Second Amendment To Lease Agreement dated as of April 1, 1989, the Third Amendment To Lease Agreement dated as of June 1, 1989, the Fourth Amendment To Lease Agreement dated as of July 1, 1989, the Fifth Amendment To Lease Agreement dated as December 1, 1989, and the Sixth Amendment To Lease Agreement dated as of May 1, 1990 and the Seventh Amendment to Lease Agreement dated as of June 1, 1990 (collectively 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 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A Bonds as the same becomes due and payable. The Project is located on the real property described in Exhibit A to the Agreement (the "Project Land"). The Company desires to amend the Agreement to modify the description of Project Land in order to more accurately include that land which constitutes the site of the Project. Pursuant to Article Section 12.5 of the Agreement and Section 1502 of the Original Indenture, the Board is permitted to amend the Agreement upon the mailing of notice to, and obtaining the written consent of, the holders of not less than 2/3 in principal amount of the outstanding Bonds.

R E C I T. A L S --------------- The Board has previously issued and sold $85,000,000 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 1988A (the "Series 1988A Bonds"); $43,000,000 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 1989A (the "Series 1989A Bonds"); $45,000,000 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 1989B (the "Series 1989B Bonds"); $37,000,000 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 1989C (the "Series 1989C Bonds"); $40,000,000 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 1989D (the "Series 1989D Bonds"); ) and $49,667,074 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1989E (the "Series 1989E Bonds") and $170,000,000 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project) Series 1990A (the "Series 1990A Bonds") pursuant to a Trust Indenture dated as of December 1, 1988 (the "Original Indenture"), as supplemented by a First Supplemental Trust Indenture dated as of March 1, 1989, a Second Supplemental Trust Indenture dated as of April 1, 1989, a Third Supplemental Trust Indenture dated as of June 1, 1989, a Fourth Supplemental Trust Indenture dated as of July 1, 1989, 1989 and a Fifth Supplemental Trust Indenture dated as of December 1, 1989, a Sixth Supplemental Trust Indenture dated as of May 1, 1990 and a Seventh Supplemental Trust Indenture dated as of June 1, 1990 1989 (collectively, the "Indenture"), from the Board to AmSouth Bank N.A., as Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A 1989E 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 December 1, 1988, as amended by the First Amendment To Lease Agreement dated as of March 1, 1989, the Second Amendment To Lease Agreement dated as of April 1, 1989, the Third Amendment To Lease Agreement dated as of June 1, 1989, the Fourth Amendment To Lease Agreement dated as of July 1, 1989, 1989 and the Fifth Amendment To Lease Agreement dated as of December 1, 19891989 (collectively, the Sixth Amendment To Lease Agreement dated as of May 1, 1990 and the Seventh Amendment to Lease Agreement dated as of June 1, 1990 (collectively 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 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A 1989E Bonds as the same becomes due and payable. The Project is located on the real property described in Exhibit A to the Agreement (the "Project Land"). The Company desires to amend the Agreement to modify the description of Project Land in order to more accurately include that land which constitutes the site of the Project. Pursuant to Under Article 1502 IV of the Original Indenture, the Board is permitted to amend issue Additional Bonds (as defined in the Agreement upon Original Indenture) in order to pay additional Notes issued by the mailing of notice to, and obtaining Board in connection with the written consent ofProject. In that connection, the holders of not less than 2/3 Board is issuing $170,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1990A (the outstanding "Series 1990A Bonds"), pursuant to the Indenture as supplemented by a Sixth Supplemental Trust Indenture dated as of May 1, 1990 (the "Sixth Supplemental Indenture") from the Board to the Trustee. The Indenture as supplemented by the Sixth Supplemental Indenture is hereinafter referred to as the "Indenture".

R E C I T. A L S --------------- The Board has previously issued and sold $85,000,000 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 1988A (the "Series 1988A Bonds"); $43,000,000 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 1989A (the "Series 1989A Bonds"); $45,000,000 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 1989B (the "Series 1989B Bonds"); $37,000,000 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 1989C (the "Series 1989C Bonds"); and $40,000,000 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 1989D (the "Series 1989D Bonds"); $49,667,074 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1989E (the "Series 1989E Bonds") and $170,000,000 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project) Series 1990A (the "Series 1990A Bonds") pursuant to a Trust Indenture Indenture, dated as of December 1, 1988 (the "Original Indenture"), as supplemented by a First Supplemental Trust Indenture dated as of March 1, 1989, a Second Supplemental Trust Indenture dated as of April 1, 1989, a Third Supplemental Trust Indenture dated as of June 1, 1989, 1989 and a Fourth Supplemental Trust Indenture dated as of July 1, 1989, a Fifth Supplemental Trust Indenture dated as of December 1, 1989, a Sixth Supplemental Trust Indenture dated as of May 1, 1990 and a Seventh Supplemental Trust Indenture dated as of June 1, 1990 1989 (collectively, the "Indenture"), from the Board to AmSouth Bank N.A., as Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A 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 December 1, 1988, as amended by the First Amendment To Lease Agreement dated as of March 1, 1989, the Second Amendment To Lease Agreement dated as of April 1, 1989, the Third Amendment To Lease Agreement dated as of June 1, 1989, the Fourth Amendment To Lease Agreement dated as of July 1, 1989, the Fifth Amendment To Lease Agreement dated as December 1, 1989, the Sixth Amendment To Lease Agreement dated as of May 1, 1990 and the Seventh Amendment to Lease Agreement dated as of June 1, 1990 (collectively 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 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A Bonds as the same becomes due and payable. The Project is located on the real property described in Exhibit A to the Agreement (the "Project Land"). The Company desires to amend the Agreement to modify the description of Project Land in order to more accurately include that land which constitutes the site of the Project. Pursuant to Article 1502 of the Original Indenture, the Board is permitted to amend the Agreement upon the mailing of notice to, and obtaining the written consent of, the holders of not less than 2/3 in principal amount of the outstanding Bonds.

R E C I T. A L S --------------- The Board has previously issued and sold $85,000,000 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 1988A (the "Series 1988A Bonds"); $43,000,000 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 1989A (the "Series 1989A Bonds"); $45,000,000 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 1989B (the "Series 1989B Bonds"); $37,000,000 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 1989C (the "Series 1989C Bonds"); $40,000,000 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 1989D (the "Series 1989D Bonds"); $49,667,074 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1989E (the "Series 1989E Bonds") ); and $170,000,000 of The Industrial Development Board of the City of Phenix City, Alabama Industrial Development Revenue Bonds (Xxxx Coated Board Project) ), Series 1990A 1991A (the "Series 1990A 1991A Bonds") pursuant to a Trust Indenture dated as of December 1, 1988 (the "Original Indenture"), as supplemented by a First Supplemental Trust Indenture dated as of March 1, 1989, a Second Supplemental Trust Indenture dated as of April 1, 1989, a Third Supplemental Trust Indenture dated as of June 1, 1989, a Fourth Supplemental Trust Indenture dated as of July 1, 1989, a Fifth Supplemental Trust Indenture dated as of December 1, 1989, a Sixth Supplemental Trust Indenture dated as of May 1, 1990 and 1990, a Seventh Supplemental Trust Indenture dated as of June 1, 1990 and an Eighth Supplemental Trust Indenture dated as of August 1, 1990 (collectively, the "Indenture"), from the Board to AmSouth Bank N.A., as Trustee (the "Trustee"). The Board has used the proceeds of the sale of the Series 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A Bonds for the payment of outstanding industrial development temporary borrowing notes (the "Notes") issued by the Board and for the payment of certain obligations of the Board in connection with various Equipment Leases (as defined in the Indenture) 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 December 1, 1988, as amended by the First Amendment To Lease Agreement dated as of March 1, 1989, the Second Amendment To Lease Agreement dated as of April 1, 1989, the Third Amendment To Lease Agreement dated as of June 1, 1989, the Fourth Amendment To Lease Agreement dated as of July 1, 1989, the Fifth Amendment To Lease Agreement dated as of December 1, 1989, the Sixth Amendment To Lease Agreement dated as of May 1, 1990 and 1990, the Seventh Amendment to To Lease Agreement dated as of June 1, 1990 and the Eighth Amendment To Lease Agreement dated as of August 1, 1990 (collectively collectively, 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 1988A Bonds, the Series 1989A Bonds, the Series 1989B Bonds, the Series 1989C Bonds, the Series 1989D Bonds, the Series 1989E Bonds and the Series 1990A Bonds as the same becomes due and payable. The Project is located on the real property described in Exhibit A to the Agreement (the "Project Land"). The Company desires to amend the Agreement to modify the description of Project Land in order to more accurately include that land which constitutes the site of the Project. Pursuant to Under Article 1502 IV of the Original Indenture, the Board is permitted to amend issue Additional Bonds (as defined in the Agreement upon Original Indenture) in order to pay additional Notes issued by the mailing of notice to, and obtaining Board in connection with the written consent ofProject. In that connection, the holders of not less than 2/3 Board is issuing $81,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Xxxx Coated Board Project), Series 1991A (the outstanding "Series 1991A Bonds"), pursuant to the Indenture as supplemented by a Ninth Supplemental Trust Indenture dated as of March 1, 1991 (the "Ninth Supplemental Indenture") from the Board to the Trustee. The Indenture as supplemented by the Ninth Supplemental Indenture is hereinafter referred to as the "Indenture".