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Trust Indenture Act
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Re: |
Pregis Corporation |
Based on the facts presented, the Division's view is as follows. Capitalized terms have the same meanings defined in your letter.
So long as no default has occurred or is continuing under the Indenture, the provisions of Section 314(d) of the Trust Indenture Act of 1939 are inapplicable to the Indenture governing the Second Priority Senior Secured Floating Rate Notes due 2013. In reaching this position, we have noted that:
This position is based on the representations made to the Division in your letter. Any different facts or conditions might require the Division to reach a different conclusion.
Sincerely,
Jonathan A. Ingram
Deputy Chief Counsel
The Incoming Letter is in Acrobat format.
http://www.sec.gov/divisions/corpfin/cf-noaction/2007/pregis-corporation-120707-314d.htm
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