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Exhibit 10.2 NewPage - Executed ABL Agreement

Exhibit 10.2 NewPage - Executed ABL Agreement

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INFORMATION IN ACCORDANCE WITH ITS COMPLIANCE PROCEDURES AND<br />

APPLIC<strong>ABL</strong>E LAW, INCLUDING FEDERAL AND STATE SECURITIES LAWS.<br />

SECTION 10.13 Several Obligations; Nonreliance; Violation of Law. The<br />

respective obligations of the Lenders hereunder are several and not joint and the failure of any<br />

Lender to make any Loan or perform any of its obligations hereunder shall not relieve any other<br />

Lender from any of its obligations hereunder. Each Lender hereby represents that it is not<br />

relying on or looking to any margin stock for the repayment of the Borrowings provided for<br />

herein. Anything contained in this <strong>Agreement</strong> to the contrary notwithstanding, neither the<br />

Issuing Bank nor any Lender shall be obligated to extend credit to the Borrower in violation of<br />

any law, treaty, rule or regulation or determination of an arbitrator or a court or other<br />

Governmental Authority, in each case applicable to or binding upon such Person or any of its<br />

property or to which such Person or any of its property is subject.<br />

SECTION 10.14 USA PATRIOT Act. Each Lender that is subject to the<br />

requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26,<br />

2001)) (the “Act”) hereby notifies each Credit Party that pursuant to the requirements of the Act,<br />

it is required to obtain, verify and record information that identifies each Credit Party, which<br />

information includes the name and address of each Credit Party and other information that will<br />

allow such Lender to identify such Credit Party in accordance with the Act.<br />

SECTION 10.15 Disclosure. Each Credit Party and each Lender hereby<br />

acknowledges and agrees that the Administrative Agent and/or its Affiliates from time to time<br />

may hold investments in, make other loans to or have other relationships with any of the Credit<br />

Parties and their respective Affiliates.<br />

SECTION 10.16 Appointment for Perfection. Each Lender hereby appoints each<br />

other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative<br />

Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other<br />

applicable law can be perfected only by possession. Should any Lender (other than the<br />

Administrative Agent) obtain possession of any such Collateral, such Lender shall notify the<br />

Administrative Agent thereof and, promptly upon the Administrative Agent’s request therefor,<br />

shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral<br />

in accordance with the Administrative Agent’s instructions.<br />

SECTION 10.17 Interest Rate Limitation. Notwithstanding anything herein to the<br />

contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges<br />

and other amounts which are treated as interest on such Loan under applicable law (collectively<br />

the “Charges”), shall exceed the maximum lawful rate (the “Maximum Rate”) which may be<br />

contracted for, charged, taken, received or reserved by the Lender holding such Loan in<br />

accordance with applicable law, the rate of interest payable in respect of such Loan hereunder,<br />

together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and,<br />

to the extent lawful, the interest and Charges that would have been payable in respect of such<br />

Loan but were not payable as a result of the operation of this Section shall be cumulated and the<br />

interest and Charges payable to such Lender in respect of other Loans or periods shall be<br />

increased (but not above the Maximum Rate therefor) until such cumulated amount, together<br />

CH\1416587.18<br />

142

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