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On August 16, 2000, we filed suit against Georgia-Pacific in the
General Court of Justice, Superior Court Division, of Mecklenburg
County, North Carolina (Case No. 00-CVS-12302), asserting a claim
for breach of contract based on Georgia-Pacifics refusal to
continue making purchases under the contract. The complaint seeks
damages in excess of $100.0 million. The complaint was amended in
October 2000 to request an injunction requiring Georgia-Pacific
to specifically perform its obligations under the contract, but
the specific performance claim was dismissed on January 26, 2001.
The case is proceeding on the damages claim.
On September 1, 2000, Georgia-Pacific filed a separate action in
the Superior Court of Fulton County, Georgia (Case No. 2000CV-27684),
seeking a declaratory judgment in support of its interpretation
of the contract that its actions are not in breach of the contract.
On December 22, 2000, this action was stayed pending final resolution
of the action we filed in North Carolina.
We and Georgia-Pacific have engaged in settlement discussions from
time to time, but have failed to reach any agreement to date.
We intend to vigorously prosecute the North Carolina action, but
can give no assurance as to the timing or outcome of the litigation
or the adequacy of any remedy that we might obtain. Based on the
nature of litigation generally and the course of developments in
the North Carolina action to date, we can give no assurance that
we will reach a resolution of the dispute in the near future. Accordingly,
we believe that our operating results and financial condition will
continue to be materially and adversely affected by the loss of
contract volume from Georgia-Pacific. In addition, we may incur
significant litigation costs in pursuing the action against Georgia-Pacific.
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Quantitative and Qualitative Disclosures
About Market Risk
At December 31, 2000, we had outstanding borrowings of approximately
$200.0 million related to an issuance of public debt securities
registered with the SEC in June of 1999. The 7 3/8% senior notes
were issued at a discount to yield an effective interest rate of
7.473%. The notes pay interest semiannually, and are our unsecured
obligations. As of December 31, 2000, we had a $400.0 million five-year
senior credit facility, with interest computed using our choice
of (a) the Eurodollar rate plus a margin or (b) the higher of the
federal funds rate plus a margin or the banks prime lending
rate. As of December 31, 2000, borrowings of $194.0 million were
outstanding under the senior credit facility at a weighted average
interest rate of 7.27%. In addition, we have senior notes dated
October 8, 1992, which are payable to an insurance company in five
equal installments of $16.55 million, the first of which was paid
on October 8, 2000. As of December 31, 2000, we owed $66.2 million
under these notes. Interest on the notes accrues at 7.74% and is
payable semiannually. Our senior management establishes parameters,
which are approved by the board of directors, for our financial
risk. We do not utilize derivatives for speculative purposes. We
adopted SFAS 133, Accounting for Derivative Instruments and
Hedging Activities, effective January 1, 2001, which had no
material impact on our financial statements upon adoption.
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