The institution/company or individual (if request is on behalf of the individual named above) confirms that it is a beneficial owner of the Company’s 6.750% Senior Secured Notes due 2028, 6.250% Senior Notes due 2042 and/or 6.750% Senior Notes due 2044, The Industrial Development Board of the City of Kingsport, Tennessee Exempt Facility Bonds (Domtar Project) (the “Notes”) in the amount set forth below; and (2) agrees (i) to keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute such information to any third party and (iii) to not use such information for any purpose other than evaluating its investment in the Notes.
(6.750% Senior Secured Notes due 2028) CUSIP: 70478J AA2 (144A) U7051J AA6 (Reg. S) ISIN: US70478JAA25 (144A) USU7051JAA61 (Reg. S)
(6.250% Senior Notes due 2042) CUSIP: 257559AJ3 ISIN: US257559AJ34
(6.750% Senior Notes due 2044) CUSIP: 257559AK0 ISIN: US257559AK07
IRBs – CUSIP: 49644AAA4
The institution/company or individual (if request is on behalf of the individual named above) (1) confirms that it is a prospective beneficial owner of the Notes; and (2) agrees (i) to keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute such information to any third party and (iii) to not use such information for any purpose other than evaluating its investment in the Notes. Further, the institution/company or individual (if request is on behalf of the individual named above) confirms that it is (i) a “qualified institutional buyer” (or “QIB”) as defined in Rule 144A under the Securities Act of 1933, as amended (the “Securities Act”), (ii) (a) not a “U.S. person” as contemplated by Rule 903(a)(1) of Regulation S under the Securities Act.; (b) a dealer or other professional fiduciary organized, incorporated or (if an individual) resident in the U.S. holding a discretionary account or similar account (other than an estate or trust) for the benefit or account of a non U.S. person, as contemplated by Rule 903(a)(1) of Regulation S under the securities act; or (iii) an institutional “accredited investor” as defined in Rule 501(a)(1), (2), (3) or (7) under the securities act (any such person satisfying the description of (i) (ii) or (iii) , “a qualifying prospective purchaser”) and in the case of each of (i) (ii) or (iii) is considering acquiring any of the Notes for its own account or for a discretionary account or accounts on behalf of one or more qualifying prospective purchasers (as to which it has been instructed and has the authority to make the statements herein);
The institution/company or individual (if request is on behalf of the individual named above) (1) confirms that it is a securities analyst; and (2) agrees (i) to keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute such information or any information or advice extrapolated therefrom to any third party unless, to the best of its knowledge, such third party is, or has indicated that it is considering becoming, a holder of the Notes and (iii) to not use such information for any purpose other than as described in clause (ii). The institution/company or individual confirms it is a reputable securities analyst who regularly covers or intends to cover the Company and the Notes.
The institution/company or individual (if request is on behalf of the individual named above) (1) confirms that it is a reputable market maker who regularly makes or intends to make a market in the Notes and (2) agrees (i) to keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute such information or any information or advice extrapolated therefrom to any third party and (iii) to not use such information for any purpose other than as described in clause (ii).