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Exhibit 10.2 NewPage - Executed ABL Agreement

Exhibit 10.2 NewPage - Executed ABL Agreement

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Affiliates from a Multiemployer Plan sponsor concerning an ERISA Event; and (3) copies of<br />

such other documents or governmental reports or filings relating to any Employee Benefit Plan<br />

as Administrative Agent shall reasonably request;<br />

(h) Financial Plan. As soon as practicable and in any event no later than<br />

January 30 of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year<br />

and the four immediately subsequent Fiscal Years (or portion thereof), in each case, to the extent<br />

ending prior to the final maturity date of the Loans (a “Financial Plan”), including (i) a<br />

forecasted consolidated balance sheet and forecasted consolidated statements of income and cash<br />

flows of Holdings and its Subsidiaries (including Unrestricted Subsidiaries) for each such Fiscal<br />

Year, and an explanation of the assumptions on which such forecasts are based and<br />

(ii) forecasted consolidated statements of income and cash flows of Holdings and its Subsidiaries<br />

(including Unrestricted Subsidiaries) for each month of such Fiscal Year and each Fiscal Quarter<br />

of each other Fiscal Year;<br />

(i) Insurance Report. As soon as practicable and in any event by the last day<br />

of each Fiscal Year, a certificate from Borrower’s insurance broker(s) in form and substance<br />

satisfactory to Administrative Agent outlining all material insurance coverage maintained as of<br />

the date of such certificate by Holdings and its Subsidiaries;<br />

(j) Notice Regarding Material Contracts. Promptly, and in any event within<br />

ten Business Days (i) after any Material Contract with respect to Indebtedness of Holdings or<br />

any of its Subsidiaries is terminated or amended in a manner that is materially adverse to<br />

Holdings or such Subsidiary, as the case may be, or (ii) any new Material Contract with respect<br />

to Indebtedness is entered into, with copies of such material amendments or new contracts,<br />

delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any<br />

such Material Contract, provided, no such prohibition on delivery shall be effective if it were<br />

bargained for by Holdings or its applicable Subsidiary with the intent of avoiding compliance<br />

with this Section 5.01(j));<br />

(k) Information Regarding Collateral. (a) Borrower will furnish to Collateral<br />

Agent prompt written notice of any change (i) in any Credit Party’s corporate name, (ii) in any<br />

Credit Party’s identity or corporate structure, (iii) in any Credit Party’s jurisdiction of<br />

organization or (iv) in any Credit Party’s Federal Taxpayer Identification Number or state<br />

organizational identification number. Borrower agrees to, within 10 days following any change<br />

referred to in the preceding sentence, make all filings under the UCC or otherwise that are<br />

required in order for Collateral Agent to continue at all times following such change to have a<br />

valid, legal and perfected security interest in all the Collateral as contemplated in the Collateral<br />

Documents;<br />

(l) Annual Collateral Verification. Each year, at the time of delivery of<br />

annual financial statements with respect to the preceding Fiscal Year pursuant to Section 5.01(b),<br />

Borrower shall deliver to Collateral Agent a certificate of its Authorized Officer either<br />

confirming that there has been no change in such information since the date of the Collateral<br />

Questionnaire delivered on the Effective Date or the date of the most recent certificate delivered<br />

pursuant to this Section 5.01 and/or identifying such changes;<br />

CH\1416587.18<br />

94

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