First Amendment to Contract for the Purchase and Bargain Sale of Property between Glatfelter Pulp Wood Company and The Conservation Fund
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Summary
This amendment updates the original contract between Glatfelter Pulp Wood Company and The Conservation Fund for the sale of approximately 25,568 acres of property in Maryland. It extends the inspection period to February 14, 2003, incorporates additional exhibits into the contract, and confirms that certain terms will be finalized by the closing date. All other terms of the original contract remain in effect. The amendment is signed by both parties' authorized representatives.
EX-10.4.(A) 9 w79277exv10w4wxay.txt EX-10.4.(A) Exhibit 10.4(a) FIRST AMENDMENT CONTRACT FOR THE PURCHASE AND BARGAIN SALE OF PROPERTY THIS FIRST AMENDMENT TO CONTRACT FOR THE PURCHASE AND BARGAIN SALE OF PROPERTY (this "Amendment") is entered into this 10th day of February, 2003, by and between GLATFELTER PULP WOOD COMPANY, formerly known as The Glatfelter Pulp Wood Company, a Maryland corporation (the "Seller"), and THE CONSERVATION FUND, A NON-PROFIT CORPORATION ("TCF"). RECITALS: A. The Seller and TCF entered into that certain Contract for the Purchase and Bargain Sale of Property dated as of December 16, 2002 (the "Contract") involving the purchase and sale of certain property containing approximately 25,568 acres situated in seven (7) counties within the State of Maryland, namely, Charles, Caroline, Dorchester, Somerset, St. Mary's, Wicomico, and Worcester Counties, all as more particularly described in the Contract (the "Property"); and B. The parties desire to amend the Contract to (i) confirm certain Exhibits intended to be incorporated within the Contract, (ii) extend the date of expiration of the Inspection Period (defined in Section 5(b) of the Contract), and (iii) amend other terms and provisions of the Contract as more particularly set forth below. NOW THEREFORE, for and in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration, receipt and adequacy of which are hereby acknowledged, Seller and TCF hereby agree as follows: 1. Extension of Inspection Period. Notwithstanding the terms of the Contract to the contrary, the Inspection Period is hereby extended and shall expire February 14, 2003. 1 2. Incorporation of Exhibits B and F. The Exhibits attached to this Amendment as Exhibits A and B, respectively, are hereby incorporated into the Contract as Exhibits B and F as if originally made a part thereof. 3. Extension on Deadline Date to Include Exhibit D. Notwithstanding the terms of the Contract to the contrary, the parties agree to confirm the terms and provisions of the Installment Note defined in Section 2(a) of the Contract and to be attached to the Contract as Exhibit D by the date set for Closing under the Contract. 4. Incorporation of Recitals and Exhibits. The Recitals set forth above, and all exhibits referred to herein are incorporated into this Amendment by this reference. 5. Ratification of Contract. All other terms and conditions in said Contract are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties have set their hands and seals. WITNESS: SELLER: GLATFELTER PULP WOOD COMPANY Formerly The Glatfelter Pulp Wood Company a Maryland corporation /s/ Illegible BY: /s/ John R. Anke ------------------------------------ Printed Name: John R. Anke Title: Treasurer Date: 2/10/03 TCF: THE CONSERVATION FUND A NON-PROFIT CORPORATION /s/ Illegible By: /s/ Jodi R. O'Day ------------------------------------ Jodi R. O'Day Vice President and Regional Counsel Date: 2/6/03 2 EXHIBIT A ATTACHED HERETO IS THE FINAL AGREED TO EXHIBIT B TO THE CONTRACT WHICH IS HEREBY INCORPORATED INTO THE CONTRACT BY THIS AMENDMENT Exhibit B being incorporated into the Contract contains a total of 10 pages, exclusive of this cover sheet 3 EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES CAROLINE COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES CHARLES COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES DORCHESTER COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES ST. MARY'S COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES SOMERSET COUNTY
EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES SOMERSET COUNTY
EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES SOMERSET COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTRIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES WICOMICO COUNTY
EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES WICORNICO COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B CONTRACT BETWEEN GLATFELTER AND THE CONSERVATION FUND LIST OF LEASES WORCESTER COUNTY
* All hunting rights effective July 1 of year signed through June 30 of following year * ALL TRACTS IN ALL COUNTIES ARE ENROLLED IN FOREST CONSERVATION AND MANAGEMENT AGREEMENTS FOR TAX ASSESSMENT PURPOSES EXHIBIT B ATTACHED HERETO IS EXHIBIT F ATTACHED HERETO IS THE FINAL AGREED TO EXHIBIT F TO THE CONTRACT WHICH IS HEREBY INCORPORATED INTO THE CONTRACT BY THIS AMENDMENT Exhibit F being incorporated into the Contract contains a total of one page, exclusive of this cover page 4 EXHIBIT F UNIT PRICES ITEM NO. 3 OF EXHIBIT F TO BE COMPLETED AND AGREED TO BY SELLER AND TCF BY DECEMBER 31, 2002