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Exhibit 10.2 NewPage - Executed ABL Agreement

Exhibit 10.2 NewPage - Executed ABL Agreement

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(“Environmental Permits”) and is in compliance with the terms and conditions of their<br />

respective Environmental Permits; and<br />

(e) no Lien has been recorded under any Environmental Law with respect to<br />

any Facility; and<br />

(f) to each of Holdings’ and its Subsidiaries’ knowledge, no person with an<br />

indemnity or contribution obligation to Holdings or its Subsidiaries relating to compliance with<br />

or liability under Environmental Law is in default with respect to such obligation; and<br />

(g) Holdings and its Subsidiaries have made available all final (including final<br />

internal, non-privileged) environmental audits and reports in its possession that were prepared<br />

in the four years prior to the date hereof and which materially bear on Holdings’ and each of its<br />

Subsidiaries’ compliance with or liability under Environmental Law, including those<br />

concerning the actual or suspected existence of Hazardous Material at any Facility.<br />

SECTION 4.14<br />

No Defaults.<br />

(a) No Credit Party nor any of its Subsidiaries is in default in the performance,<br />

observance or fulfillment of any of the obligations, covenants or conditions contained in any of<br />

its Contractual Obligations, and no condition exists which, with the giving of notice or the<br />

lapse of time or both, could constitute such a default, except where the consequences, direct or<br />

indirect, of such default or defaults, if any, could not reasonably be expected to have a Material<br />

Adverse Effect.<br />

(b) No Default has occurred and is continuing.<br />

SECTION 4.15 Material Contracts. Schedule 4.15 contains a true, correct and<br />

complete list of all the Material Contracts in effect on the Effective Date, and except as described<br />

thereon, all such Material Contracts are in full force and effect and no defaults exist thereunder<br />

as of the Effective Date.<br />

SECTION 4.16 Governmental Regulation. No Credit Party nor any of its<br />

Subsidiaries is subject to regulation under the Federal Power Act or the Investment Company<br />

Act of 1940 or under any other federal or state statute or regulation which may limit its ability to<br />

incur Indebtedness or which may otherwise render all or any portion of the Obligations<br />

unenforceable. No Credit Party nor any of its Subsidiaries is a “registered investment company”<br />

or a company “controlled” by a “registered investment company” or a “principal underwriter” of<br />

a “registered investment company” as such terms are defined in the Investment Company Act of<br />

1940.<br />

SECTION 4.17<br />

Federal Reserve Regulations.<br />

(a) None of Holdings, Borrower or any of their Subsidiaries is engaged<br />

principally, or as one of its important activities, in the business of extending credit for the<br />

purpose of buying or carrying Margin Stock.<br />

CH\1416587.18<br />

88

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