FORM OF BERRY PLASTICS GROUP, INC. (a Delaware corporation) [ ] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 19th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
REGISTRATION RIGHTS AGREEMENT by and among Berry Plastics Corporation and the Guarantors party hereto, and Goldman, Sachs & Co. Credit Suisse Securities (USA) LLC, as representatives of the Initial Purchasers Dated as of October 1, 2015Registration Rights Agreement • October 6th, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 1, 2015, by and among Berry Plastics Corporation, a Delaware corporation (the “Company”), certain subsidiaries of the Company listed on Annex A of the Purchase Agreement (the “Subsidiary Guarantors”), Avintiv Inc. and certain subsidiaries of Avintiv Inc. listed on Annex C of the Purchase Agreement (collectively, the “Avintiv Guarantors”) Berry Plastics Group, Inc. (“Parent” and, together with the Avintiv Guarantors and the Subsidiary Guarantors, the “Guarantors”), Goldman, Sachs & Co. and Credit Suisse Securities (USA) LLC as representatives of the Initial Purchasers (collectively, the “Representatives”), each of whom has agreed to purchase, pursuant to the Purchase Agreement (as defined below), the 6.00% Second Priority Senior Secured Notes due 2022 (the “Initial Notes”) issued by the Escrow Issuer (as defined herein), which obligations are assumed by the Company on the date hereof. The Compan
BERRY PLASTICS GROUP, INC. (a Delaware corporation) 15,000,000 Shares of Common Stock FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • July 15th, 2013 • Berry Plastics Group Inc • Plastics products, nec • New York
BERRY GLOBAL, INC., a wholly owned subsidiary of Berry Global Group, Inc., as Issuer, and certain guarantors 1.65% First Priority Senior Secured Notes due 2027 INDENTURE Dated as of June 14, 2021 U.S. BANK NATIONAL ASSOCIATION, as Trustee and...Indenture • June 14th, 2021 • Berry Global Group, Inc. • Plastics products, nec • New York
INDENTURE dated as of June 14, 2021 among BERRY GLOBAL, INC. (the “Issuer”), a wholly owned subsidiary of Berry Global Group, Inc., U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”), the Parent Guarantor and Subsidiary Guarantors (each as defined herein).
REGISTRATION RIGHTS AGREEMENT by and among Berry Global, Inc. and the Guarantors party hereto, and Goldman Sachs & Co. LLC Wells Fargo Securities, LLC, as representatives of the Initial Purchasers Dated as of May 28, 2024 Registration Rights AgreementRegistration Rights Agreement • May 28th, 2024 • Berry Global Group, Inc. • Plastics products, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 28, 2024, by and among Berry Global, Inc., a Delaware corporation (the “Issuer”), Berry Global Group, Inc., a Delaware corporation (the “Parent Guarantor”), certain subsidiaries of the Issuer listed on Annex A of the Purchase Agreement (the “Subsidiary Guarantors”, and together with the Parent Guarantor, the “Guarantors”) and Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC and Wells Fargo Securities, LLC, as representatives of the Initial Purchasers (collectively, the “Representatives”), each of whom has agreed to purchase, pursuant to the Purchase Agreement (as defined below), the 5.800% First Priority Senior Secured Notes due 2031 (the “Initial Notes”) issued by the Issuer. The Issuer’s obligation under the Initial Notes will be fully and unconditionally guaranteed (the “Initial Guarantees”) by (i) the Subsidiary Guarantors on a first priority senior secured basis and (ii) the Parent on a sen
INCOME TAX RECEIVABLE AGREEMENT dated as of November 29, 2012Income Tax Receivable Agreement • December 17th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
This INCOME TAX RECEIVABLE AGREEMENT (as amended from time to time, this “Agreement”), dated as of November 29, 2012, is hereby entered into by and among Berry Plastics Group, Inc., a Delaware corporation (the “Corporation”) and Apollo Management Fund VI, L.P., a limited partnership (the “Existing Stockholders Representative”).
SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • November 23rd, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
THIS SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT is dated as of February 5, 2008, among CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Credit Suisse”) and BANK OF AMERICA, N.A., in their capacities as administrative agent and collateral agent under the Term Credit Agreement and the Revolving Credit Agreement (as defined below), respectively, and BANK OF AMERICA, N.A., in its capacity as administrative agent and collateral agent under the Bridge Loan Credit Agreement (as defined below), and each Other First Priority Lien Obligations Collateral Agent (as defined below) from time to time party hereto, each in its capacity as First Lien Agent, WELLS FARGO BANK, N.A., as Second Priority Notes Trustee, BERRY PLASTICS GROUP, INC., a Delaware corporation (“Holdings”), Berry Plastics Corporation, a Delaware corporation, as a borrower under the Term Credit Agreement (as defined below), a borrower under the Revolving Credit Agreement (as defined below), and a borrower under the Bridge Loan Credit
SUPPLEMENTAL INDENTURESupplemental Indenture • December 6th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
This SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of December 3, 2012, among BERRY PLASTICS GROUP, INC. (the “New Guarantor”), a Delaware corporation and the parent of BERRY PLASTICS CORPORATION (the “Issuer”), the Issuer and U.S. BANK NATIONAL ASSOCIATION (successor to Wells Fargo Bank National Association), as trustee under the indenture referred to below (the “Trustee”).
AMENDMENT NO. 4 TO THE AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 20th, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
This SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT is entered into as of May 14, 2015 (this “Agreement”), among BERRY PLASTICS GROUP, INC., a Delaware corporation (“Holdings”), COVALENCE SPECIALTY MATERIALS CORP., a Delaware corporation (“Covalence”), which on the Closing Date was merged with and into Berry Plastics Holding Corporation, a Delaware corporation (“Berry”), with Berry surviving such merger (Berry together with its successor, Berry Plastics Corporation, a Delaware corporation, the “Company”), certain domestic Subsidiaries of the Company party hereto from time to time as BORROWERS (as defined below), the LENDERS party hereto from time to time, BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent for the Lenders, CITIGROUP GLOBAL MARKETS INC. CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH and U.S. BANK, NATIONAL ASSOCIATION as co-syndication agents (in such capacities, the “Syndication Agents”), and BARCLAYS BANK
BERRY PLASTICS GROUP, INC. (a Delaware corporation) 14,728,218 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 8th, 2014 • Berry Plastics Group Inc • Plastics products, nec • New York
AMENDED AND RESTATED SECOND LIEN BRIDGE CREDIT AGREEMENT Dated as of March 29, 2019,Second Lien Bridge Credit Agreement • May 2nd, 2019 • Berry Global Group Inc • Plastics products, nec • New York
SEPARATION AND DISTRIBUTION AGREEMENT by and among BERRY GLOBAL GROUP, INC., TREASURE HOLDCO, INC., and GLATFELTER CORPORATION Dated as of February 6, 2024Separation and Distribution Agreement • February 12th, 2024 • Berry Global Group, Inc. • Plastics products, nec • Delaware
This SEPARATION AND DISTRIBUTION AGREEMENT (this “Agreement”), dated as of February 6, 2024, by and among BERRY GLOBAL GROUP, INC., a Delaware corporation (“Remainco”), TREASURE HOLDCO, INC., a Delaware corporation and a wholly owned indirect Subsidiary of Remainco (“Spinco”), and GLATFELTER CORPORATION, a Pennsylvania corporation (“RMT Partner”). Each of Remainco, Spinco, and RMT Partner is sometimes referred to herein as a “Party” and collectively, as the “Parties.”
AGREEMENT AND PLAN OF MERGER by and among AVINTIV INC., BERRY PLASTICS GROUP, INC. BERRY PLASTICS ACQUISITION CORPORATION IX and BLACKSTONE CAPITAL PARTNERS (CAYMAN) V L.P., AS THE SECURITYHOLDER REPRESENTATIVE Dated as of July 30, 2015Merger Agreement • August 5th, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
THIS AGREEMENT AND PLAN OF MERGER is made and entered into as of July 30, 2015 (this “Agreement”), by and among AVINTIV INC., a Delaware corporation (the “Company”), BERRY PLASTICS GROUP, INC., a Delaware corporation (“Parent”), BERRY PLASTICS ACQUISITION CORPORATION IX, a Delaware corporation (“Merger Sub”), and solely in its capacity as the Securityholder Representative (as defined below), BLACKSTONE CAPITAL PARTNERS (CAYMAN) V L.P., a Cayman Islands exempted limited partnership (“Securityholder Representative”).
ContractEmployment Agreement • January 31st, 2014 • Berry Plastics Group Inc • Plastics products, nec • Indiana
EMPLOYMENT AGREEMENT dated as of January 1, 2002 between BERRY PLASTICS CORPORATION, a Delaware corporation (the "Corporation"), and Curtis Begle (the "Employee").
BERRY GLOBAL, INC., a wholly owned subsidiary of Berry Global Group, Inc., as Issuer, and certain guarantors 5.800% First Priority Senior Secured Notes due 2031 INDENTURE Dated as of May 28, 2024 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as...Indenture • May 28th, 2024 • Berry Global Group, Inc. • Plastics products, nec • New York
INDENTURE dated as of May 28, 2024 among BERRY GLOBAL, INC. (the “Issuer” or the “Company”), a wholly owned subsidiary of Berry Global Group, Inc., U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”), the Parent Guarantor and Subsidiary Guarantors (each as defined herein).
REGISTRATION RIGHTS AGREEMENT by and among Berry Global, Inc. and the Guarantors party hereto, and Citigroup Global Markets Inc. Goldman Sachs & Co. LLC, as representatives of the Initial Purchasers Dated as of June 14, 2021Registration Rights Agreement • June 14th, 2021 • Berry Global Group, Inc. • Plastics products, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of June 14, 2021, by and among Berry Global, Inc., a Delaware corporation (the “Issuer”), Berry Global Group, Inc., a Delaware corporation (the “Parent Guarantor”), certain subsidiaries of the Issuer listed on Annex A of the Purchase Agreement (the “Subsidiary Guarantors”, and together with the Parent Guarantor, the “Guarantors”) and J.P. Morgan Securities LLC, Citigroup Global Markets Inc. and Goldman Sachs & Co. LLC, as representatives of the Initial Purchasers (collectively, the “Representatives”), each of whom has agreed to purchase, pursuant to the Purchase Agreement (as defined below), the 1.65% First Priority Senior Secured Notes due 2027 (the “Initial Notes”) issued by the Issuer. The Issuer’s obligation under the Initial Notes will be fully and unconditionally guaranteed (the “Initial Guarantees”) by (i) the Subsidiary Guarantors on a first priority senior secured basis and (ii) the Parent on a s
STRICTLY PRIVATE AND CONFIDENTIALCo-Operation Agreement • March 14th, 2019 • Berry Global Group Inc • Plastics products, nec
The Bidder, a newly incorporated company formed on behalf of Berry, has indicated that it intends to make a recommended offer to acquire the entire issued and to be issued ordinary share capital of RPC Group Plc (the “Company” or “RPC”) by means of the Scheme (or Offer, as the case may be) (as such terms are defined in this letter). Each of Berry, the Bidder and the Company has agreed to take certain steps to assist the completion of the proposed Acquisition (as defined below) and this letter sets out each party’s obligations relating to such matters.
TAX MATTERS AGREEMENT by and among BERRY GLOBAL GROUP, INC., TREASURE HOLDCO, INC., and GLATFELTER CORPORATION, Dated as of February 6, 2024 TAX MATTERS AGREEMENTTax Matters Agreement • February 12th, 2024 • Berry Global Group, Inc. • Plastics products, nec
This TAX MATTERS AGREEMENT (this “Agreement”) is entered into as of February 6, 2024, by and among BERRY GLOBAL GROUP, INC. (“Remainco”), a Delaware corporation, on behalf of itself and the members of the Remainco Group, TREASURE HOLDCO, INC. (“Spinco”), a Delaware corporation, on behalf of itself and the members of the Spinco Group, and GLATFELTER CORPORATION (“RMT Partner”), a Pennsylvania corporation, on behalf of itself and the members of the RMT Group (Remainco, Spinco and RMT Partner are sometimes collectively referred to herein as the “Parties” and, as the context requires, individually referred to herein as a “Party”).
EMPLOYEE MATTERS AGREEMENT by and among BERRY GLOBAL GROUP, INC., TREASURE HOLDCO, INC., and GLATFELTER CORPORATION Dated as of February 6, 2024 EMPLOYEE MATTERS AGREEMENTEmployee Matters Agreement • February 12th, 2024 • Berry Global Group, Inc. • Plastics products, nec
EMPLOYEE MATTERS AGREEMENT (this “Agreement”), dated as of February 6, 2024, by and among BERRY GLOBAL GROUP, INC., a Delaware corporation (“Remainco”), TREASURE HOLDCO, INC., a Delaware corporation and a wholly owned indirect Subsidiary of Remainco (“Spinco”), and GLATFELTER CORPORATION, a Pennsylvania corporation (“RMT Partner”). Each of Remainco, Spinco and RMT Partner is sometimes referred to herein as a “Party” and collectively, as the “Parties.”
REGISTRATION RIGHTS AGREEMENT by and among Berry Global, Inc. and the Guarantors party hereto, and Citigroup Global Markets Inc. Goldman Sachs & Co. LLC Wells Fargo Securities, LLC, as representatives of the Initial Purchasers Dated as of March 4, 2021Registration Rights Agreement • March 5th, 2021 • Berry Global Group, Inc. • Plastics products, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 4, 2021, by and among Berry Global, Inc., a Delaware corporation (the “Issuer”), Berry Global Group, Inc., a Delaware corporation (the “Parent Guarantor”), certain subsidiaries of the Issuer listed on Annex A of the Purchase Agreement (the “Subsidiary Guarantors”, and together with the Parent Guarantor, the “Guarantors”) and Citigroup Global Markets Inc., Goldman Sachs & Co. LLC and Wells Fargo Securities, LLC, as representatives of the Initial Purchasers (collectively, the “Representatives”), each of whom has agreed to purchase, pursuant to the Purchase Agreement (as defined below), an aggregate principal amount of $775,000,000 of the 1.57% First Priority Senior Secured Notes due 2026 (the “New Notes”) issued by the Issuer. The Issuer’s obligation under the New Notes will be fully and unconditionally guaranteed (the “New Guarantees”) by (i) the Subsidiary Guarantors on a first priority senior se
EMPLOYMENT AGREEMENT dated as of August 1, 2010, between BERRY PLASTICS CORPORATION a Delaware corporation (the Schedule 1 hereto (the “Employee”).Employment Agreement • May 7th, 2012 • Berry Plastics Group Inc • Plastics products, nec • Indiana
The Employee is an employee of the Corporation and as such has substantial experience that has value to the Corporation. The Corporation desires to employ the Employee, and the Employee desires to accept such employment, on the terms and subject to the conditions hereinafter set forth.
INCREMENTAL ASSUMPTION AGREEMENT Dated as of November 27, 2017, among BERRY GLOBAL GROUP, INC., BERRY GLOBAL, INC. and CERTAIN SUBSIDIARIES OF BERRY GLOBAL, INC. as Loan Parties, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent,...Incremental Assumption Agreement • February 7th, 2018 • Berry Global Group Inc • Plastics products, nec • New York
THIS INCREMENTAL ASSUMPTION AGREEMENT (this "Agreement"), dated as of November 27, 2017, is among BERRY GLOBAL, INC. (formerly known as Berry Plastics Corporation), a Delaware corporation (the "Borrower"), BERRY GLOBAL GROUP, INC. (formerly known as Berry Plastics Group, Inc.), a Delaware corporation ("Holdings"), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and Borrower, the "Loan Parties"), Citibank, N.A., as an Incremental Term Lender (as defined in the Credit Agreement referred to below) with respect to the Term O Loans (in such capacity, the "Initial Term O Lender"), Citibank, N.A., as an Incremental Term Lender with respect to the Term P Loans (in such capacity, the "Initial Term P Lender"), and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the "Administrative Agent") for the Lenders under the Credit Agreement.
ContractStockholders Agreement • December 17th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
AMENDMENT NO. 1 (the “AMENDMENT”), dated as of October 2, 2012 to AMENDED AND RESTATED STOCKHOLDERS AGREEMENT, dated as of April 3, 2007, by and among BERRY PLASTICS GROUP, INC., a Delaware corporation (the “CORPORATION”), and those stockholders of the Corporation listed on Schedule A thereto (the “AGREEMENT”).
BERRY PLASTICS GROUP, INC. (a Delaware corporation) 9,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 25th, 2014 • Berry Plastics Group Inc • Plastics products, nec • New York
FOURTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT Dated as of June 22, 2023, Among BERRY GLOBAL, INC., as U.S. Borrower, BERRY GLOBAL GROUP, INC., as Holdings, Berry Plastics Canada Inc. as Canadian Borrower, RPC Group Limited, as UK Borrower,...Revolving Credit Agreement • August 9th, 2023 • Berry Global Group, Inc. • Plastics products, nec • New York
This FOURTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT is entered into as of June 22, 2023 (this “Agreement”), among BERRY GLOBAL GROUP, INC., a Delaware corporation (“Holdings”), Berry Global, Inc., a Delaware corporation (the “Company”), Berry Plastics Canada Inc., a Canadian corporation (the “Canadian Borrower”), RPC Group Limited, a company incorporated with England and Wales with company number 02578443 (the “UK Borrower”), the LENDERS party hereto from time to time and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent for the Lenders.
BERRY PLASTICS CORPORATION (a Delaware corporation) $700,000,000.00 5.125% Second Priority Senior Secured Notes due 2023 UNDERWRITING AGREEMENTUnderwriting Agreement • June 5th, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
SECOND AMENDMENT TO EMPLOYEE MATTERS AGREEMENTEmployee Matters Agreement • November 26th, 2024 • Berry Global Group, Inc. • Plastics products, nec
This SECOND AMENDMENT TO EMPLOYEE MATTERS AGREEMENT (this “Amendment”) is made on this 25th day of September, 2024, by and among BERRY GLOBAL GROUP, INC., a Delaware corporation (“Remainco”), TREASURE HOLDCO, INC., a Delaware corporation and a wholly owned indirect Subsidiary of Remainco (“Spinco”), and GLATFELTER CORPORATION, a Pennsylvania corporation (“RMT Partner”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • April 5th, 2013 • Berry Plastics Group Inc • Plastics products, nec
Your employment agreement (the “Agreement”) with Berry Plastics Corporation (the “Corporation”), as previously amended from time to time, is hereby amended as set forth herein.
FORM OF VOTING AGREEMENTVoting Agreement • August 26th, 2016 • Berry Plastics Group Inc • Plastics products, nec • Delaware
This VOTING AGREEMENT (this “Agreement”), is dated as of August 24, 2016, by and between BERRY PLASTICS GROUP, INC., a Delaware corporation (“Parent”), and [●] (“Stockholder”).
BERRY GLOBAL, INC., a wholly owned subsidiary of Berry Global Group, Inc., as Issuer, and certain guarantors 0.95% First Priority Senior Secured Notes due 2024 INDENTURE Dated as of January 15, 2021 U.S. BANK NATIONAL ASSOCIATION, as Trustee and...Indenture • January 15th, 2021 • Berry Global Group, Inc. • Plastics products, nec • New York
INDENTURE dated as of January 15, 2021 among BERRY GLOBAL, INC. (the “Issuer”), a wholly owned subsidiary of Berry Global Group, Inc., U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”), the Parent Guarantor and Subsidiary Guarantors (each as defined herein).
SUPPLEMENTAL INDENTURESupplemental Indenture • December 6th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
This SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of December 3, 2012, among BERRY PLASTICS GROUP, INC. (the “New Guarantor”), a Delaware corporation and the parent of BERRY PLASTICS CORPORATION (the “Company”), the Company and U.S. BANK NATIONAL ASSOCIATION (successor to Wells Fargo Bank National Association), as trustee under the indenture referred to below (the “Trustee”).
Memorandum of Understanding By and Between Thomas E. Salmon, Berry Global Inc. and Berry Global Group, Inc.Memorandum of Understanding • August 17th, 2023 • Berry Global Group, Inc. • Plastics products, nec
The purpose of this Memorandum of Understanding (“MOU”) is to memorialize the terms of Thomas E. Salmon’s (the “Executive’s”) voluntary retirement from employment with Berry Global Inc. and Berry Global Group, Inc. (collectively, the “Company”) effective December 31, 2023.
ContractStockholders Agreement • January 30th, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
FOURTH AMENDED AND RESTATED STOCKHOLDERS AGREEMENT (this “Agreement”), dated as of January 15, 2015, by and among BERRY PLASTICS GROUP, INC., a Delaware corporation (the “Corporation”), and those stockholders of the Corporation listed on Schedule A hereto (but only to the extent such persons hold Common Stock (as defined below) as of the date hereof).
SUPPLEMENTAL INDENTURE – BERRY ASSUMPTIONSupplemental Indenture • July 2nd, 2019 • Berry Global Group Inc • Plastics products, nec • New York
SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of July 1, 2019, among Berry Global, Inc., a Delaware corporation (the “Company”), each of the parties identified as a Subsidiary Guarantor on the signature pages hereto (each a “Subsidiary Guarantor” and, collectively, the “Subsidiary Guarantors”), each a subsidiary of the Company, Berry Global Group, Inc., a Delaware corporation (the “Parent Guarantor”) and U.S. Bank National Association, a national banking association, as trustee under the indenture referred to below (the “Trustee”).
INCREMENTAL ASSUMPTION AGREEMENT Dated as of December 17, 2019, among BERRY GLOBAL GROUP, INC., BERRY GLOBAL, INC. and CERTAIN SUBSIDIARIES OF BERRY GLOBAL, INC. as Loan Parties, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentIncremental Assumption Agreement • January 31st, 2020 • Berry Global Group, Inc. • Plastics products, nec • New York
THIS INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of December 17, 2019, is among BERRY GLOBAL, INC. (formerly known as Berry Plastics Corporation), a Delaware corporation (the “Borrower”), BERRY GLOBAL GROUP, INC. (formerly known as Berry Plastics Group, Inc.), a Delaware corporation (“Holdings”), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and Borrower, the “Loan Parties”), Goldman Sachs Bank USA, as an Incremental Term Lender (as defined in the Credit Agreement referred to below) with respect to the Term Y Loans (in such capacity, the “Initial Term Y Lender”) and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under the Credit Agreement.
