Standard Contracts
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 15, 2010 by and among SOLO CUP CANADA INC. as the Borrower, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS CREDIT PARTIES, GE CANADA FINANCE HOLDING COMPANY, for itself, as a Lender and...Credit Agreement • December 20th, 2010 • Solo Cup CO • Plastics products, nec • Ontario
This AMENDED AND RESTATED CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of December 15, 2010 by and among SOLO CUP CANADA INC., an Ontario corporation (the “Borrower”), the other Persons party hereto that are designated as a “Credit Party”, GE Canada Finance Holding Company, a Nova Scotia unlimited liability company (in its individual capacity, “GE Capital”), as Agent for the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender, and such Lenders.
SOLO CUP COMPANY and SOLO CUP OPERATING CORPORATION 10.5% SENIOR SECURED NOTES DUE 2013 INDENTURE Dated as of July 2, 2009 U.S. BANK NATIONAL ASSOCIATION as TrusteeIndenture • July 9th, 2009 • Solo Cup CO • Plastics products, nec • New York
INDENTURE, dated as of July 2, 2009, among Solo Cup Company, a Delaware corporation (the “Company”), Solo Cup Operating Corporation, a Delaware corporation (the “Co-Issuer” and together with the Company, collectively, the “Issuers”), the Guarantors (as defined below) listed on the signature pages hereto and U.S. Bank National Association, a nationally chartered banking association, as trustee.
SOLO CUP COMPANY SOLO CUP OPERATING CORPORATION fully and unconditionally guaranteed as to the payment of principal, premium, if any, interest and special interest, if any, by the Guarantors listed on the signature pages hereto Exchange and...Exchange and Registration Rights Agreement • July 9th, 2009 • Solo Cup CO • Plastics products, nec • New York
Solo Cup Company, a Delaware corporation (the “Company”), and Solo Cup Operating Corporation, a Delaware corporation (together with the Company, the “Issuers”), propose to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) $300,000,000 in aggregate principal amount of the Issuers’ 10.5% Senior Secured Notes due 2013, which are fully and unconditionally guaranteed by the Guarantors (as defined herein). As an inducement to the Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Purchasers thereunder, the Issuers and the Guarantors agree with the Purchasers for the benefit of holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • October 16th, 2006 • Solo Cup CO • Plastics products, nec
This Amendment No. 1 to Employment Agreement dated July 26, 2006 (“Amendment No. 1”), by and between Solo Cup Investment Corporation, a Delaware corporation (the “Company”), Solo Cup Operating Corporation, a Delaware corporation (successor by merger to Solo Cup Company, an Illinois corporation) (“Solo Cup Company”), and Tom Pasqualini (the “Executive”).
SECOND LIEN CREDIT AGREEMENT Dated as of March 31, 2006 among SOLO CUP COMPANY, as the Borrower, SOLO CUP INVESTMENT CORPORATION, BANK OF AMERICA, N.A., as Administrative Agent, and The Other Lenders Party Hereto, BANC OF AMERICA SECURITIES LLC, as...Second Lien Credit Agreement • April 6th, 2006 • Solo Cup CO • Plastics products, nec • New York
This SECOND LIEN CREDIT AGREEMENT (“Agreement”) is entered into as of March 31, 2006, among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent.
AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENTEmployment Agreement • December 23rd, 2008 • Solo Cup CO • Plastics products, nec • Illinois
This AMENDMENT NO. 3 (this “Amendment”) to the Employment Agreement is made this 12th day of December, 2008, by and between Solo Cup Investment Corporation, a Delaware corporation (the “Company”), Solo Cup Operating Corporation, a Delaware corporation (successor by merger to Solo Cup Company, an Illinois corporation) (“Solo Cup Company”) and Robert M. Korzenski (“Executive”).
COLLATERAL TRUST AGREEMENT dated as of July 2, 2009 among SOLO CUP COMPANY and SOLO CUP OPERATING CORPORATION, as Issuers the Guarantors from time to time party hereto, U.S. BANK NATIONAL ASSOCIATION, as Trustee under the Indenture, the other Secured...Collateral Trust Agreement • July 9th, 2009 • Solo Cup CO • Plastics products, nec • New York
This Collateral Trust Agreement (this “Agreement”) is dated as of July 2, 2009 and is by and among Solo Cup Company, a Delaware corporation (“Solo”), Solo Cup Operating Corporation, a Delaware corporation (“SCOC” and, together with Solo, the “Issuers”), the Guarantors from time to time party hereto, U.S. Bank National Association, as trustee (in such capacity and together with its successors in such capacity, the “Trustee”), the other Secured Debt Representatives from time to time party hereto, and U.S. Bank National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).
November 2, 2006 Via EmailSeparation and General Release Agreement • March 30th, 2007 • Solo Cup CO • Plastics products, nec
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of July 2, 2009, among BANK OF AMERICA, N.A., as ABL Agent, as Noteholder Collateral Trustee, SOLO CUP COMPANY SOLO CUP OPERATING CORPORATION and the Subsidiaries of Solo Cup Company named hereinLien Subordination and Intercreditor Agreement • July 9th, 2009 • Solo Cup CO • Plastics products, nec • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT, dated as of July 2, 2009 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among BANK OF AMERICA, N.A., as agent for the ABL Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original ABL Agent”), U.S. BANK NATIONAL ASSOCIATION, as collateral trustee for the Priority Lien Secured Parties and the Subordinated Lien Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original Noteholder Collateral Trustee”), SOLO CUP COMPANY (“Solo”), SOLO CUP OPERATING CORPORATION (“SCOC” and, together with Solo, the “Issuers”) and the subsidiaries of Solo named herein.
ASSET PURCHASE AGREEMENT BY AND AMONG KHOF ACQUISITIONS, INC., SOLO CUP COMPANY, SF HOLDINGS GROUP, INC., AND SOLO CUP OPERATING CORPORATION September 7, 2007Asset Purchase Agreement • September 12th, 2007 • Solo Cup CO • Plastics products, nec • Delaware
This Asset Purchase Agreement (this “Agreement”) is entered into on September 7, 2007, by and among KHOF Acquisitions, Inc., a Delaware corporation (the “Buyer”); Solo Cup Company, a Delaware corporation (“Solo Cup”); SF Holdings Group, Inc., a Delaware corporation (“SF Holdings”); and Solo Cup Operating Corporation, a Delaware corporation (“SCOC” and, together with Solo Cup and SF Holdings, the “Solo Parties”). The Buyer and the Solo Parties are referred to collectively herein as the “Parties.”
LEASE AGREEMENT Between iSTAR SCC DISTRIBUTION CENTERS LLC, as Landlord and SOLO CUP OPERATING CORPORATION and SF HOLDINGS GROUP, INC. and SOLO CUP COMPANY, jointly and severally as Tenant Dated as of June 27, 2007Lease Agreement • August 15th, 2007 • Solo Cup CO • Plastics products, nec • Illinois
THIS LEASE AGREEMENT, is made and entered into as of the date set forth in the Basic Lease Information (this lease agreement, together with all amendments and supplements hereto, this “Lease”), by and between iStar SCC Distribution Centers LLC, a Delaware limited liability company with offices c/o iStar Financial Inc., 1114 Avenue of the Americas, 38th Floor, New York, New York 10036 (together with any successor or assigns, hereinafter called the “Landlord”) and Solo Cup Operating Corporation, a Delaware corporation, SF Holdings Group, Inc., a Delaware corporation, and Solo Cup Company, a Delaware corporation, each having an address at 1700 Old Deerfield Road, Highland Park, Illinois 60035 (together with any successor or assign permitted by this Lease, hereinafter collectively called the “Tenant”).
AMENDMENT NO. 2 TO THE CREDIT AGREEMENTCredit Agreement • October 17th, 2005 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 2 TO THE CREDIT AGREEMENT (this “Amendment”) among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
SOLO CUP COMPANY, as the Company and as a Borrower and Guarantor SOLO CUP OPERATING CORPORATION, and certain Restricted Subsidiaries of the Company, as Borrowers and Guarantors LOAN AGREEMENT Dated as of July 2, 2009 CERTAIN FINANCIAL INSTITUTIONS, as...Loan Agreement • July 9th, 2009 • Solo Cup CO • Plastics products, nec • New York
THIS LOAN AGREEMENT is dated as of July 2, 2009, among SOLO CUP COMPANY, a Delaware corporation (the “Company”), SOLO CUP OPERATING CORPORATION, a Delaware corporation (“SCOC” and, together with the Company and each Restricted Subsidiary (other than any Foreign Subsidiary) that is listed on Schedule 1.2, as the same may be amended from time to time pursuant to Section 15.1.1(g), the “Borrowers”), the Subsidiary Guarantors (as hereinafter defined), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), BANK OF AMERICA, N.A., a national banking association, as a co-collateral agent (in such capacity, a “Co-Collateral Agent”) and as administrative agent for the Lenders (in such capacity and, together with any successor in such capacity, the “Agent”), and GENERAL ELECTRIC CAPITAL CORPORATION (“GE Capital”), as a co-collateral agent for the Lenders (together with the other Co-Collateral Agent, the “Collateral Agents”).
FOURTH SUPPLEMENTAL INDENTURESupplemental Indenture • March 17th, 2011 • Solo Cup CO • Plastics products, nec • New York
Fourth Supplemental Indenture (this “Supplemental Indenture”), dated as of December 17, 2010, among (1) Solo Cup Company, a Delaware corporation (the “Company”), (2) Solo Cup Finance Limited, a company organized under the laws of England and Wales and an indirect subsidiary of the Company (the “Guaranteeing Subsidiary”), (3) each of the other subsidiaries of the Company listed on the signature pages hereto (collectively, the “Existing Guarantors”), and (4) U.S. Bank National Association, a nationally chartered banking association, as trustee under the Indenture referred to below (the “Trustee”)
THIRD AMENDMENT AGREEMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2009 • Solo Cup CO • Plastics products, nec
This AMENDMENT AGREEMENT is dated as of March 2, 2009 between SOLO CUP CANADA INC. (the “Borrower”) and GE CANADA FINANCE HOLDING COMPANY (the “Lender” or “Agent”).
AMENDMENT NO. 2 TO THE SECOND LIEN CREDIT AGREEMENTSecond Lien Credit Agreement • December 29th, 2006 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 2 TO THE SECOND LIEN CREDIT AGREEMENT (this “Amendment”) among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below from time to time (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
SECOND AMENDMENT TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • November 9th, 2010 • Solo Cup CO • Plastics products, nec
THIS SECOND AMENDMENT TO STOCKHOLDERS’ AGREEMENT (the “Second Amendment”) is made as of September 14, 2010 among Vestar Capital Partners IV, L.P. (“VCP”), Vestar Cup Investment, LLC (“Vestar Investment”), Vestar Cup Investment II, LLC (“Vestar Investment II”), SCC Holding Company LLC (“Holdings LLC”), Solo Cup Company, a Delaware corporation (“New Solo”), Solo Cup Investment Corporation (the “Company”) and the individuals identified on the signature pages hereto as Management Investors (the “Management Investors”). VCP, Vestar Investment, Vestar Investment II, Holdings LLC, New Solo, the Company and the Management Investors are collectively referred to herein as the “Parties.”
STOCK PURCHASE AGREEMENT AMONG SOLO CUP OPERATING CORPORATION, AS BUYER, AND INNOWARE, LLC, AS SELLER March 31, 2010Stock Purchase Agreement • May 11th, 2010 • Solo Cup CO • Plastics products, nec • Illinois
This Stock Purchase Agreement (this “Agreement”) is entered into as of March 31, 2010, by and between Solo Cup Operating Corporation, a Delaware corporation (“Buyer”), and InnoWare, LLC, a Delaware limited liability company (“Seller”). Buyer and Seller are referred to collectively herein as the “Parties.”
EMPLOYMENT AGREEMENTEmployment Agreement • December 3rd, 2004 • Solo Cup CO • Plastics products, nec • Illinois
THIS AGREEMENT (together with the Exhibits incorporated herein, the “Agreement”), dated as of November 30, 2004 (the “Agreement Date”), is made among Solo Cup Investment Corporation, a Delaware corporation (“Company”), Solo Cup Company, an Illinois corporation having its principal place of business at 1700 Old Deerfield Road, Highland Park, Illinois 60035 (“Solo Cup Company”), and Jan Stern Reed (“Executive”), residing at [intentionally left blank]. References herein to the Company shall include, where applicable, the Company’s Subsidiaries.
AMENDMENT NO. 3 AND WAIVER TO THE CREDIT AGREEMENTCredit Agreement • March 30th, 2006 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 3 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment and Waiver”) among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below from time to time (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 5 TO THE CREDIT AGREEMENTCredit Agreement • December 29th, 2006 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 5 TO THE CREDIT AGREEMENT (this “Amendment”) among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below from time to time (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • March 17th, 2011 • Solo Cup CO • Plastics products, nec • New York
First Supplemental Indenture (this “Supplemental Indenture”), dated as of April 30, 2010, among (a) Solo Cup Company, a Delaware corporation (“Solo Delaware”), and Solo Cup Operating Corporation, a Delaware corporation (“SCOC” and, together with Solo Delaware, the “Co-Issuers”), (b) each of the other subsidiaries of the Company listed on the signature pages hereto (collectively, the “Guarantors”), and (c) U.S. Bank National Association, a nationally chartered banking association, as trustee under the Indenture referred to below (the “Trustee”).
AMENDMENT NO. 1 TO THE CREDIT AGREEMENTCredit Agreement • April 6th, 2005 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 1 TO THE CREDIT AGREEMENT (this “Amendment”) among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • March 17th, 2011 • Solo Cup CO • Plastics products, nec • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of December 17, 2010, among (1) Solo Cup Company, a Delaware corporation (the “Company”), and Solo Cup Operating Corporation, a Delaware corporation (“SCOC” and, together with the Company, the “Issuers”), (2) Solo Cup Finance Limited, a company organized under the laws of England and Wales and an indirect subsidiary of the Company (the “Guaranteeing Subsidiary”), (3) each of the other subsidiaries of the Company (other than SCOC) listed on the signature pages hereto (collectively, the “Existing Guarantors”), and (4) U.S. Bank National Association, a nationally chartered banking association, as trustee under the Indenture referred to below (the “Trustee”).
SECURITY AGREEMENT Dated as of July 2, 2009 by and among the Grantors referred to herein as Grantors and U.S. BANK NATIONAL ASSOCIATION as Collateral TrusteeSecurity Agreement • July 9th, 2009 • Solo Cup CO • Plastics products, nec • New York
SECURITY AGREEMENT dated as of July 2, 2009 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) by and among SOLO CUP COMPANY, a Delaware corporation (the “Company”), SOLO CUP OPERATING CORPORATION, a Delaware corporation (“SCOC,” and together with the Company, the “Issuers” and, each, an “Issuer”), the other Persons listed on the signature pages hereof (the Issuers and the Persons so listed being, collectively, the “Grantors” and, each, a “Grantor”) and U.S. Bank National Association, as collateral trustee (in such capacity, together with any successor collateral trustee appointed pursuant to Section 6.2 of the Collateral Trust Agreement (as hereinafter defined), the “Collateral Trustee”) for the Secured Parties (as defined below).
SETTLEMENT AGREEMENT AND GENERAL RELEASESettlement Agreement • March 30th, 2007 • Solo Cup CO • Plastics products, nec • Illinois
This Settlement Agreement and General Release (the “Agreement”) is entered into as of February 9, 2007 by and among Ronald L. Whaley (“Whaley”) on the one hand and Solo Cup Company and Solo Cup Investment Corporation (collectively the “Company”) on the other hand.
AMENDMENT NO. 1 TO MANAGEMENT AGREEMENTManagement Agreement • December 23rd, 2008 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT (the “Amendment”) among Solo Cup Investment Corporation, a Delaware corporation (“Holdings”), Solo Cup Company, a Delaware corporation (the “Company”) and SCC Holding Company LLC, a Delaware limited liability company (“SCC”). Except as otherwise specified herein, all terms used in this Amendment which are not otherwise defined in this Amendment but which are defined in the Management Agreement (as hereinafter defined), shall have the meanings ascribed to such terms as set forth in the Management Agreement.
SETTLEMENT AGREEMENT Between Solo Cup Company, an Illinois corporation, and DSC Logistics, Inc., an Indiana corporation February 16, 2005Settlement Agreement • February 18th, 2005 • Solo Cup CO • Plastics products, nec • Illinois
This Settlement Agreement is entered into by Solo Cup Company, an Illinois corporation (“Solo Cup”), and DSC Logistics, Inc., an Indiana corporation (“DSC”), on this 16th day of February 2005.
AMENDMENT NO. 2 TO MANAGEMENT AGREEMENTManagement Agreement • July 7th, 2009 • Solo Cup CO • Plastics products, nec • New York
WHEREAS, Holdings, the Company and SCC have entered into a Management Agreement dated as of February 27, 2004 and Amendment No. 1 thereto dated as of December 19, 2008 (collectively, the “Management Agreement”); and
SECOND SUPPLEMENTAL INDENTURESupplemental Indenture • August 11th, 2009 • Solo Cup CO • Plastics products, nec • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of June 30, 2005, among (i) Solo Cup Company, a Delaware corporation (or its permitted successor) (the “Company”), (ii) Solo Manufacturing LLC, a Delaware limited liability company and an indirect subsidiary of the Company (the “Guaranteeing Subsidiary”), (iii) each of the other subsidiaries of the Company listed on the signature pages hereto (collectively, the “Existing Guarantors”) and (iv) U.S. Bank National Association, a nationally chartered banking association (or its permitted successor), as trustee under the Indenture referred to below (the “Trustee”).
FIRST AMENDMENT TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • July 2nd, 2008 • Solo Cup CO • Plastics products, nec
THIS FIRST AMENDMENT TO STOCKHOLDERS’ AGREEMENT (the “First Amendment”) is made as of the 26th day of June, 2008 among Vestar Capital Partners IV, L.P. (“VCP”), Vestar Cup Investment, LLC (“Vestar Investment”), Vestar Cup Investment II, LLC (“Vestar Investment II”), SCC Holding Company LLC (“Holdings LLC”), Solo Cup Company (“New Solo”), Solo Cup Investment Corporation (the “Company”) and the parties identified on the signature pages hereto as Management Investors (the “Management Investors”) (VCP, Vestar Investment, Vestar Investment II, Holdings LLC, New Solo, the Company and the Management Investors, collectively, the “Parties”).
Dated 2 July 2009 SOLO CUP (UK) LIMITED, INSULPAK HOLDINGS LIMITED AND SOLO CUP EUROPE LIMITED as the Chargors - and - U.S. BANK NATIONAL ASSOCIATION as Collateral Trustee NOTES DEBENTURE Notwithstanding any other provision of this Deed, the Security...Notes Debenture • July 9th, 2009 • Solo Cup CO • Plastics products, nec
CREDIT AGREEMENT Dated as of September 24, 2004 Between LILY CUPS INC. as Borrower and GE CANADA FINANCE HOLDING COMPANY as Agent and LenderCredit Agreement • November 5th, 2004 • Solo Cup CO • Plastics products, nec • Ontario
CREDIT AGREEMENT, dated as of September 24, 2004 between LILY CUPS INC., an Ontario corporation (“Borrower”), and GE CANADA FINANCE HOLDING COMPANY, a Nova Scotia unlimited liability company (in its individual capacity, “GE Canada”), for itself as Lender and as Agent for other Lenders signatory hereto from time to time.
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENTEmployment Agreement • October 16th, 2006 • Solo Cup CO • Plastics products, nec
This Amendment No. 2 to Employment Agreement dated October 11, 2006 (“Amendment No. 2”), by and between Solo Cup Investment Corporation, a Delaware corporation (the “Company”), Solo Cup Operating Corporation, a Delaware corporation (successor by merger to Solo Cup Company, an Illinois corporation) (“Solo Cup Company”), and Robert M. Korzenski (the “Executive”).
AMENDMENT NO. 1 AND WAIVER TO THE SECOND LIEN CREDIT AGREEMENTSecond Lien Credit Agreement • October 16th, 2006 • Solo Cup CO • Plastics products, nec • New York
AMENDMENT NO. 1 AND WAIVER TO THE SECOND LIEN CREDIT AGREEMENT (this “Amendment and Waiver”) among SOLO CUP COMPANY, a Delaware corporation (the “Borrower”), SOLO CUP INVESTMENT CORPORATION, a Delaware corporation (“Holdings”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below from time to time (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
