1.
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Amendment Effective Date. This Amendment shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the Effective Date. Following the Effective Date, whenever the Support Agreement is referred to in any agreements, documents, and instruments, such reference shall be deemed to be to the Support Agreement as amended by this Amendment.
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2.
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Amendments to the Support Agreement. The Support Agreement is hereby amended as follows:
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(a)
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Section 7.1(e) of the Support Agreement is hereby amended by deleting the date November 14, 2016 contained therein and replacing it with “December 7, 2016”.
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(b)
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Section 7.1(f) of the Support Agreement is hereby amended by deleting the date November 17, 2016 contained therein and replacing it with “December 9, 2016”.
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(c)
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Section 7.1(g) of the Support Agreement is hereby amended by deleting the date December 16, 2016 contained therein and replacing it with “January 13, 2017”. |
(d)
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Section 7.1(h) of the Support Agreement is hereby amended by deleting the date December 19, 2016 contained therein and replacing it with “January 16, 2017”.
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(e)
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Section 7.1(i) of the Support Agreement is hereby amended by deleting the date December 23, 2016 contained therein and replacing it with “January 20, 2017”.
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(f)
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Section 7.1(j) of the Support Agreement is hereby amended by deleting the date December 31, 2016 contained therein and replacing it with “January 31, 2017”.
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3.
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Ratification. Except as specifically provided for in this Amendment, no changes, amendments, or other modifications have been made on or prior to the date hereof or are being made to the terms of the Support Agreement or the rights and obligations of the parties thereunder, all of which such terms are hereby ratified and confirmed and remain in full force and effect.
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4.
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Miscellaneous.
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(a)
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This Amendment shall not, except as expressly provided herein, alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Support Agreement. Nothing herein shall be deemed to entitle CPC to a waiver, amendment, modification, or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Support Agreement in similar or different circumstances, or any right to consent to any of the foregoing except as expressly set forth in the Support Agreement.
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(b)
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This Amendment shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in the Province of British Columbia, without regard to principles of conflicts of law. Each Party submits to the jurisdiction of the courts located in Vancouver, British Columbia in any action or proceeding arising out of or relating to this Amendment.
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(c)
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Each Party hereby reaffirms its obligations under, and the term set forth in, the Support Agreement effective as of the Effective Date and as amended hereby.
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(d)
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This Amendment expresses the entire understanding of the parties hereto with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof.
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(e)
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Any determination that any provision of this Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Amendment.
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(f)
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This Amendment may be signed in counterparts, each of which, when taken together, shall be deemed an original. Execution of this Amendment is effective if a signature is delivered by facsimile transmission or electronic (e.g., pdf) transmission.
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CATALYST PAPER CORPORATION
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By: "Joe Nemeth"
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Name: Joe Nemeth
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Title: President & Chief Executive Officer
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Name of Supporting Party:
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OAKTREE OPPORTUNITIES FUND IX, L.P.
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OAKTREE OPPORTUNITIES FUND IX (PARALLEL), L.P.
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OAKTREE OPPORTUNITIES FUND IX (PARALLEL 2), L.P.
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By: Oaktree Opportunities Fund IX GP, L.P.
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Its: General Partner
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By: Oaktree Opportunities Fund IX GP Ltd.
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Its: General Partner
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By: Oaktree Capital Management, L.P.
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Its: Director
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By: "Emily Stephens"
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Name: Emily Stephens
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Title: Managing Director
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By: "Brook Hinchman"
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Name: Brook Hinchman
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Title: Senior Vice President
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OAKTREE VALUE OPPORTUNITIES FUND, L.P.
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By: Oaktree Value Opportunities Fund GP, L.P.
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Its: General Partner
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By: Oaktree Value Opportunities Fund GP Ltd. | |
Its: General Partner | |
By: Oaktree Capital Management, L.P. | |
Its: Director | |
By: "Emily Stephens" | |
Name: Emily Stephens
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Title: Managing Director
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By: "Brook Hinchman" | |
Name: Brook Hinchman
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Title: Senior Vice President
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Name of Supporting Party:
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MUDRICK DISTRESSED OPPORTUNITY SPECIALTY FUND, L.P.
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BLACKWELL PARTNERS LLC – SERIES A BOSTON PATRIOT BATTERYMARCH ST LLC
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MUDRICK DISTRESSED OPPORTUNITY FUND GLOBAL, L.P.
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By: "Trevor Wiessmann"
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Name: Trevor Wiessmann, Esq.
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Title: Corporate Secretary
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