Exhibit 10.1 EMPLOYMENT AGREEMENTEmployment Agreement • March 27th, 2000 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
HAWAIIAN NATURAL WATER COMPANY, INC. STOCK OPTION AGREEMENT This Stock Option Agreement (this "Agreement") is made and entered into as of October ___, 1996 by and between Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), and...Stock Option Agreement • February 3rd, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
ANDWarrant Agreement • December 19th, 1996 • Hawaiian Natural Water Co Inc • New York
SECURITY AGREEMENTSecurity Agreement • October 7th, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
ARTICLE I PURCHASE AND SALE OF ASSETSAsset Purchase Agreement • July 15th, 1999 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
EXHIBIT 4.2 NEITHER THIS WARRANT NOR THE SHARES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR THE SECURITIES COMMISSION OF ANY STATE PURSUANT TO AN EXEMPTION FROM...Hawaiian Natural Water Co Inc • November 15th, 1999 • Wholesale-groceries & related products
HAWAIIAN NATURAL WATER COMPANY, INC. STOCK OPTION AGREEMENT This Stock Option Agreement (this "Agreement") is made and entered into as of September 17, 1997 by and between Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), and...Stock Option Agreement • March 30th, 1998 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
Exhibit 4.2Pledge and Security Agreement • March 27th, 2000 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
UNDERWRITER'S WARRANT AGREEMENTHawaiian Natural Water Co Inc • December 19th, 1996 • New York
New York, New York ____________, 1997 JOSEPH STEVENS & COMPANY, L.P. 33 Maiden Lane, 8th Floor New York, New York 10038 Ladies and Gentlemen: Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), confirms its agreement with...Hawaiian Natural Water Co Inc • December 19th, 1996 • New York
ASSET PURCHASE AGREEMENT THIS IS AN ASSET PURCHASE AGREEMENT dated as of September 30, 1997 (the "Agreement") between Bottles Packaging, Inc., a California corporation, with its corporate headquarters at 10625 Ellis Avenue, Unit "A," Fountain Valley,...Asset Purchase Agreement • October 7th, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
DATED AS OFAgreement and Plan of Merger • November 15th, 2001 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
WARRANT AGREEMENT DATED AS OF MAY 14, 1997Warrant Agreement • August 14th, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • New York
EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement"), dated as of October 10, 1996, is made and entered into by and between Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), and Marcus Bender, an individual...Employment Agreement • February 3rd, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
UNDERWRITER'S WARRANT AGREEMENT dated as of May 14, 1997 by and between HAWAIIAN NATURAL WATER COMPANY, INC., a Hawaii corporation (the "Company"), and JOSEPH STEVENS & COMPANY, INC. ("Joseph Stevens") (Joseph Stevens is hereinafter referred to...Underwriter's Warrant Agreement • August 14th, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • New York
Exhibit 2.1Merger Agreement and Plan of Reorganization • March 27th, 2000 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
EXHIBIT 10.14 CANCELLATION AGREEMENTCancellation Agreement • April 18th, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • New York
FINANCIAL ADVISORY AND CONSULTING AGREEMENT This Agreement is made and entered into as of this 14th day of May, 1997, by and between HAWAIIAN NATURAL WATER COMPANY, INC., a Hawaii corporation (the "Company"), and JOSEPH STEVENS & COMPANY, INC. (the...Financial Advisory and Consulting Agreement • August 14th, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • New York
2,000,000 UNITS, EACH UNIT CONSISTING OF ONE SHARE OF COMMON STOCK AND ONE REDEEMABLE WARRANT HAWAIIAN NATURAL WATER COMPANY, INC. UNDERWRITING AGREEMENTHawaiian Natural Water Co Inc • August 14th, 1997 • Wholesale-groceries & related products • New York
EXHIBIT 10.2 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT, dated as of March 1, 1999, between AMRO International, S.A., a Panama corporation ("Holder"), and HAWAIIAN NATURAL WATER COMPANY, INC., a corporation incorporated under the...Registration Rights Agreement • March 15th, 1999 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • New York
Exhibit 10.4 AMENDED AND RESTATED PROMISSORY NOTE ------------------------------------Hawaiian Natural Water Co Inc • November 15th, 2001 • Wholesale-groceries & related products
EXHIBIT 4.2 HAWAIIAN NATURAL WATER COMPANY, INC. STOCK OPTION AGREEMENT This Stock Option Agreement (this "Agreement") is made and entered into as of July 31, 1998 by and between Hawaiian Natural Water Company, Inc., a Hawaii corporation (the...Stock Option Agreement • September 21st, 1998 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
FOURTH AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER dated as of June 21, 2001 among AMCON DISTRIBUTING COMPANY AMCON MERGER SUB, INC.Agreement and Plan of Merger • August 14th, 2001 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
BILL OF SALEAsset Purchase Agreement • July 15th, 1999 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products
SECOND AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 15th, 2001 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
SECOND AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER, dated as of February 1, 2001 (the "Agreement"), by and among AMCON Distributing Company, a Delaware corporation ("AMCON"), AMCON Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of AMCON ("Merger Sub"), and Hawaiian Natural Water Company, Inc., a Hawaii corporation ("HNWC").
12% NoteHawaiian Natural Water Co Inc • February 3rd, 1997 • Wholesale-groceries & related products • Hawaii
HAWAIIAN NATURAL WATER COMPANY, INC. ALOHA WATER COMPANY, INC. RESCISSION AGREEMENTRescission Agreement • April 17th, 2001 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
THIS RESCISSION AGREEMENT (this "Agreement") is made and entered into as of December 21, 2000 by and among Hawaiian Natural Water Company, Inc., a Hawaii corporation ("HNWC"), Aloha Water Company, Inc., a Hawaii corporation ("Aloha"), and Daniel Gabriel, Patricia Gabriel and David Smith, the former shareholders (the "Aloha Shareholders") of the predecessor of Aloha ("Old Aloha"), with respect to the following:
FIRST HAWAIIAN LEASING, INC. BOX 47600 HONOLULU, HAWAII 96847 TELEPHONE 593-5300 MASTER LEASE AGREEMENT NO. A2500First Hawaiian • February 3rd, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
SUBSCRIPTION AGREEMENTSubscription Agreement • May 15th, 2001 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
THIS SUBSCRIPTION AGREEMENT (this "Agreement") is made and entered into as of January 5, 2001 by and between Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), and the undersigned, with respect to the following:
STOCKHOLDER AGREEMENTStockholder Agreement • April 17th, 2001 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Delaware
STOCKHOLDER AGREEMENT (this "Agreement") dated as of September 29, 2000 among AMCON Distributing Company, a Delaware corporation ("AMCON"), Andrew Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of AMCON ("Merger Sub"), and the stockholders of Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), named on Schedule I hereto (individually, a "Stockholder" and collectively, the "Stockholders").
Joseph Stevens & Company, L.P. 33 Maiden Lane New York, NY 10038 Ladies and Gentlemen: In order to induce Joseph Stevens & Company, L.P. (the "Underwriter") and Hawaiian Natural Water Company, Inc. (the "Company") to enter into an underwriting...Hawaiian Natural Water Co Inc • August 14th, 1997 • Wholesale-groceries & related products
In order to induce Joseph Stevens & Company, L.P. (the "Underwriter") and Hawaiian Natural Water Company, Inc. (the "Company") to enter into an underwriting agreement (the "Underwriting Agreement") with respect to the offering of securities issued by the Company, the undersigned intending to be legally bound hereby agrees that for a period commencing on the date hereof and ending eighteen (18) months following the effective date of the registration statement (the "Registration Statement") relating to the underwritten public offering of securities issued by the Company, he, she or it will not, without the prior written consent of the Underwriter, directly or indirectly, issue, offer to sell, sell, grant an option for the sale of, assign, transfer, pledge, hypothecate or otherwise encumber or dispose of any securities issued by the Company, including common stock or securities convertible into or exchangeable or exercisable for or evidencing any right to purchase or subscribe for any sha
EXHIBIT 10-1 CONVERTIBLE PREFERRED SHARES AND WARRANT PURCHASE AGREEMENT BETWEENShares and Warrant Purchase Agreement • March 15th, 1999 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • New York
EXHIBIT 10.17 CO-PACKING AGREEMENT THIS CO-PACKING AGREEMENT (this "Agreement") is made and entered into as of June 3, 1999, by and between Hawaiian Natural Water Company, Inc., a Hawaii corporation (the "Company"), located at 248 Mokauea Street,...Packing Agreement • March 31st, 2000 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • California
BLOW MOLDING AGREEMENT This Blow Molding Agreement ("Agreement") is made effective as of the date below, by and between Hawaiian Natural Water Co., Inc. ("Customer"), and Bottles Packaging, Inc. ("Supplier"). The parties agree as follows: BLOW MOLDING...Blow Molding Agreement • February 3rd, 1997 • Hawaiian Natural Water Co Inc • Wholesale-groceries & related products • Hawaii
This Blow Molding Agreement ("Agreement") is made effective as of the date below, by and between Hawaiian Natural Water Co., Inc. ("Customer"), and Bottles Packaging, Inc. ("Supplier"). The parties agree as follows:
31 July 1996 Dear Marcus: The following letter sets out in detail and for your signature the agreement we reached over breakfast on 27 July, 1996. But first, let me reiterate the enthusiasm Brian and I share for Hawaiian Springs, the Brand and you. We...Hawaiian Natural Water Co Inc • March 7th, 1997 • Wholesale-groceries & related products
