22.09.2015 Views

Exhibit 10.2 NewPage - Executed ABL Agreement

Exhibit 10.2 NewPage - Executed ABL Agreement

Exhibit 10.2 NewPage - Executed ABL Agreement

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

liability results, this claim will be handled as a general unsecured claim in the<br />

bankruptcy.<br />

3. In the United States of America and State of Wisconsin v. NCR Corporation, et al, the<br />

United States and the State of Wisconsin filed a clean up action pursuant to the<br />

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)<br />

against a number of parties, including <strong>NewPage</strong> Wisconsin System Inc., which claim also<br />

seeks compensation for natural resource damages caused by PCBs released into the Fox<br />

River. This action is pending. The United States Department of Justice orally offered,<br />

and the company agreed, to settle all components of this claim, including natural<br />

resources and cleanup costs, for a $1,157,253 general unsecured proof of claim. The<br />

company has not received a draft settlement from the United States Department of<br />

Justice. This matter will be handled through the bankruptcy process but may be pending<br />

post-emergence.<br />

4. Luke Paper Company is an Intervener in United States of America v. Westvaco<br />

Corporation; Civil Action No. MJF-00-2602, in the United States District Court for the<br />

District of Maryland, in connection with potential liability for increased operational costs<br />

related to the potential remedies to be imposed by the court for Westvaco’s (predecessor<br />

of Luke Paper Company) construction of the Digester and Expansion Project between<br />

1981 and 1985, which triggered compliance obligations under the Clean Air Act<br />

Prevention of Significant Deterioration program. This case may be impacted by the<br />

potential rejection of the MeadWestvaco Equity and Asset Purchase <strong>Agreement</strong> in the<br />

bankruptcy case. Litigation in this matter is pending.<br />

4.13-2

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!