Common use of KO Distributors; Distribution Agreements Clause in Contracts

KO Distributors; Distribution Agreements. Whenever a KO Bottler Agreement with a KO Distributor that is a party to a KO Distribution Agreement expires or is terminated by KO pursuant to either a deficiency termination procedure or any other right of termination stated in such a KO Bottler Agreement, KO shall notify XXX in writing within sixty (60) days after such termination. In the event that any such former KO Distributor is no longer a party to any KO Bottler Agreement, upon written notice from KO, MEL shall (or shall cause its applicable Affiliate to) terminate all KO Distribution Agreements with such former KO Distributor to the extent that such KO Distribution Agreements can be terminated by XXX (or such applicable Affiliate) upon such occurrence or upon written notice pursuant to and in accordance with the terms of the applicable KO Distribution Agreements. Notwithstanding the foregoing, XXX shall not be required pursuant to this Section 4.8 to (or to cause such applicable Affiliate to) terminate such KO Distribution Agreement (a) under which XXX is obligated to pay a Severance Payment (or other amounts required to be paid for termination) to such former KO Distributor, *** and (b) with respect to any Sub-Territory/ies applicable to the KO Distribution Agreement to be terminated, until such time as XXX receives a Distribution Commitment from a Primary KO Distributor for such Sub-Territory/ies in accordance with the Distributor Negotiation Process (mutatis mutandis). *** Indicates portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. EXHIBIT G Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of the Securities Act of 1993, as amended. AMENDED AND RESTATED CANADIAN DISTRIBUTION AGREEMENT This AMENDED AND RESTATED CANADIAN DISTRIBUTION AGREEMENT (the “Agreement”) is entered into as of [DATE] (the “Effective Date”) between Monster Energy Canada, Ltd. (“MEC”), and [CROWN CANADA] (“Distributor”). This Agreement amends and restates in its entirety that certain Monster Energy Canadian Distribution Agreement between MEC and Distributor as of October 3, 2008 (the “Original Agreement”). MEC and Distributor are referred to herein collectively as the “parties” and individually as a “party” hereto.

KO Distributors; Distribution Agreements. Whenever a KO Bottler Agreement with a KO Distributor that is a party to a KO Distribution Agreement expires or is terminated by KO pursuant to either a deficiency termination procedure or any other right of termination stated in such a KO Bottler Agreement, KO shall notify XXX MEC in writing within sixty (60) days after such termination. In the event that any such former KO Distributor is no longer a party to any KO Bottler Agreement, upon written notice from KO, MEL MEC shall (or shall cause its applicable Affiliate to) terminate all KO Distribution Agreements with such former KO Distributor to the extent that such KO Distribution Agreements can be terminated by XXX MEC (or such applicable Affiliate) upon such occurrence or upon written notice pursuant to and in accordance with the terms of the applicable KO Distribution Agreements. Notwithstanding the foregoing, XXX MEC shall not be required pursuant to this Section 4.8 3 to (or to cause such applicable Affiliate to) terminate such KO Distribution Agreement (a) under which XXX MEC is obligated to pay a Severance Payment (or other amounts required to be paid for termination) to such former KO Distributor, *** and (b) with respect to any Sub-Territory/ies applicable to the KO Distribution Agreement to be terminated, until such time as XXX MEC receives a Distribution Commitment from a Primary KO Distributor for such Sub-Territory/ies in accordance with the Distributor Negotiation Process (mutatis mutandis). *** Indicates portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. EXHIBIT G Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of the Securities Act of 1993, as amended. AMENDED AND RESTATED CANADIAN DISTRIBUTION AGREEMENT This AMENDED AND RESTATED CANADIAN DISTRIBUTION AGREEMENT (the “Agreement”) is entered into as of [DATE] (the “Effective Date”) between Monster Energy Canada, Ltd. (“MEC”), and [CROWN CANADA] (“Distributor”). This Agreement amends and restates in its entirety that certain Monster Energy Canadian Distribution Agreement between MEC and Distributor as of October 3, 2008 (the “Original Agreement”). MEC and Distributor are referred to herein collectively as the “parties” and individually as a “party” hereto.

KO Distributors; Distribution Agreements. Whenever a KO Bottler Agreement with a KO Distributor that is a party to a KO Distribution Agreement expires or is terminated by KO pursuant to either a deficiency termination procedure or any other right of termination stated in such a KO Bottler Agreement, KO shall notify XXX MEC in writing within sixty (60) days after such termination. In the event that any such former KO Distributor is no longer a party to any KO Bottler Agreement, upon written notice from KO, MEL MEC shall (or shall cause its applicable Affiliate to) terminate all KO Distribution Agreements with such former KO Distributor to the extent that such KO Distribution Agreements can be terminated by XXX MEC (or such applicable Affiliate) upon such occurrence or upon written notice pursuant to and in accordance with the terms of the applicable KO Distribution Agreements. Notwithstanding the foregoing, XXX MEC shall not be required pursuant to this Section 4.8 3 to (or to cause such applicable Affiliate to) terminate such KO Distribution Agreement (a) under which XXX MEC is obligated to pay a Severance Payment (or other amounts required to be paid for termination) to such former KO Distributor, *** and (b) with respect to any Sub-Territory/ies applicable to the KO Distribution Agreement to be terminated, until such time as XXX MEC receives a Distribution Commitment from a Primary KO Distributor for such Sub-Territory/ies in accordance with the Distributor Negotiation Process (mutatis mutandis). *** Indicates portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. EXHIBIT G C Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of the Securities Act of 1993, as amended. AMENDED AND RESTATED CANADIAN INTERNATIONAL DISTRIBUTION COORDINATION AGREEMENT This AMENDED AND RESTATED CANADIAN INTERNATIONAL DISTRIBUTION COORDINATION AGREEMENT (the this “Agreement”) is entered into as of [DATE] (the “Effective Date”), between MONSTER ENERGY LTD. (formerly TAURANGA, LTD.), a company organized and existing under the laws of the Republic of Ireland, with offices at Xxxxx Xxxx Xxxxx, Xxxxxx Xxxxxx, Dublin 4, Ireland and MONSTER ENERGY COMPANY (formerly known as Xxxxxx Beverage Company) between Monster Energy Canada(collectively, Ltd. “XXX”) and THE COCA-COLA COMPANY, a Delaware corporation (“MEC”), and [CROWN CANADA] (“DistributorKO”). This Agreement amends and restates in its entirety that certain Monster Energy Canadian International Distribution Coordination Agreement between MEC XXX and Distributor KO as of October 3, 2008 (the “Original Agreement”). MEC and Distributor are referred to herein collectively as Capitalized terms not otherwise defined in this Agreement shall have the “parties” and individually as a “party” heretomeaning defined in Section 2 below.

KO Distributors; Distribution Agreements. Whenever a KO Bottler Agreement with a KO Distributor that is a party to a KO Distribution Agreement expires or is terminated by KO pursuant to either a deficiency termination procedure or any other right of termination stated in such a KO Bottler Agreement, KO shall notify XXX MEL in writing within sixty (60) days after such termination. In the event that any such former KO Distributor is no longer a party to any KO Bottler Agreement, upon written notice from KO, MEL shall (or shall cause its applicable Affiliate to) terminate all KO Distribution Agreements with such former KO Distributor to the extent that such KO Distribution Agreements can be terminated by XXX MEL (or such applicable Affiliate) upon such occurrence or upon written notice pursuant to and in accordance with the terms of the applicable KO Distribution Agreements. Notwithstanding the foregoing, XXX MEL shall not be required pursuant to this Section 4.8 to (or to cause such applicable Affiliate to) terminate such KO Distribution Agreement (a) under which XXX MEL is obligated to pay a Severance Payment (or other amounts required to be paid for termination) to such former KO Distributor, *** and (b) with respect to any Sub-Territory/ies applicable to the KO Distribution Agreement to be terminated, until such time as XXX MEL receives a Distribution Commitment from a Primary KO Distributor for such Sub-Territory/ies in accordance with the Distributor Negotiation Process (mutatis mutandis). *** Indicates portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. EXHIBIT G Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of the Securities Act of 1993, as amended. AMENDED AND RESTATED CANADIAN DISTRIBUTION AGREEMENT This AMENDED AND RESTATED CANADIAN DISTRIBUTION AGREEMENT (the “Agreement”) is entered into as of [DATE] (the “Effective Date”) between Monster Energy Canada, Ltd. (“MEC”), and [CROWN CANADA] (“Distributor”). This Agreement amends and restates in its entirety that certain Monster Energy Canadian Distribution Agreement between MEC and Distributor as of October 3, 2008 (the “Original Agreement”). MEC and Distributor are referred to herein collectively as the “parties” and individually as a “party” hereto.