AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEEIndenture • April 9th, 2004 • Portola Packaging Inc • Plastics products, nec • New York
Exhibit 10.32 Exhibit 10.32 SERVICES AGREEMENT THIS SERVICES AGREEMENT by and between Portola Packaging, Inc., a Delaware corporation ("Portola"), and Sand Hill Systems, Inc., a Delaware corporation ("Sand Hill"), is dated as of the1st day of July,...Services Agreement • January 10th, 2000 • Portola Packaging Inc • Plastics products, nec • California
CONSULTING AGREEMENTConsulting Agreement • January 10th, 2002 • Portola Packaging Inc • Plastics products, nec • California
Exhibit 10.02 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT dated January 23, 2004 (the "Agreement") is entered into by and among Portola Packaging, Inc., a Delaware corporation (the "Company"), the guarantors listed in Schedule 1...Registration Rights Agreement • April 9th, 2004 • Portola Packaging Inc • Plastics products, nec • New York
EXHIBIT 10.03 FOURTH AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF JANUARY 16, 2004Credit Agreement • April 9th, 2004 • Portola Packaging Inc • Plastics products, nec • Illinois
EXHIBIT 2.01 TECH INDUSTRIES, INC. STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT is dated as of this 1st day of September, 2003, by and among (i) Portola Packaging, Inc., a Delaware corporation (the "Buyer"), and (ii) each of the parties...Stock Purchase Agreement • October 6th, 2003 • Portola Packaging Inc • Plastics products, nec • Rhode Island
R E C I T A L SIndemnification Agreement • November 25th, 1996 • Portola Packaging Inc • Plastics products, nec
Exhibit 2.05 CLOSING AGREEMENT This CLOSING AGREEMENT, dated as of September 19, 2003, is by and among (i) Herbert Wang and James J. Carria and Lawrence I. Silverstein, as Trustees of The Herbert Wang 1988-1 Irrevocable Trust (GST Exempt Share), and...Closing Agreement • October 6th, 2003 • Portola Packaging Inc • Plastics products, nec • Rhode Island
WARRANT to Purchase Class A Common Stock of PORTOLA PACKAGING, INC.Shareholders Agreement • January 10th, 2002 • Portola Packaging Inc • Plastics products, nec • New York
Exhibit 10.1 CONSENT AND FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT This Consent and First Amendment to Third Amended and Restated Credit Agreement (this "Agreement") is entered into this 19th day of September, 2003 among PORTOLA...Credit Agreement • October 6th, 2003 • Portola Packaging Inc • Plastics products, nec • Illinois
EXHIBIT 2.04 84 FAIRMOUNT STREET LIMITED PARTNERSHIP EQUITY PURCHASE AGREEMENT THIS EQUITY PURCHASE AGREEMENT is dated as of this 1st day of September, 2003, by and among (i) Portola Packaging, Inc., a Delaware corporation (the "Buyer"), and (ii) each...Equity Purchase Agreement • October 6th, 2003 • Portola Packaging Inc • Plastics products, nec • Rhode Island
EXHIBIT 2.02 TECH INDUSTRIES U.K. LTD. STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT is dated as of this 1st day of September, 2003, by and between (i) Portola Packaging, Inc., a Delaware corporation (the "Buyer"), and (ii) Herbert Wang (the...Stock Purchase Agreement • October 6th, 2003 • Portola Packaging Inc • Plastics products, nec • Rhode Island
FIRST AMENDING AGREEMENTFirst Amending Agreement • December 1st, 1997 • Portola Packaging Inc • Plastics products, nec • British Columbia
EXHIBIT 10.37 INDEMNIFICATION AGREEMENT This Agreement made and entered as of this 20th day of May, 1996 ("AGREEMENT"), by and between Portola Packaging, Inc., a Delaware corporation (the "COMPANY"), and Jeffrey Pfeffer ("INDEMNITEE"): WHEREAS, it is...Indemnification Agreement • November 25th, 1996 • Portola Packaging Inc • Plastics products, nec • Delaware
SECOND AMENDMENT TO LEASE AGREEMENTLease Agreement • December 14th, 2004 • Portola Packaging Inc • Plastics products, nec
THIS SECOND AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made as of this 1st day of March, 2004, by and between Santa Maria Industrial Partners, L.P. (“Landlord”), represented herein by Raymond E. Flores, Jr., its legal representative, and Portola Packaging Inc., Mexico, S.A. de C.V. (“Tenant”), represented herein by Mr. Ernesto Green, its legal representative.
OPTION TO RENEWLease Agreement • December 14th, 2004 • Portola Packaging Inc • Plastics products, nec
This five (5) year extension, as provided in the aforementioned Lease agreement, shall commence upon the day following the last day of the original term of this Lease from August 6, 2008 to August 5, 2013.
LIMITED WAIVER AND SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 14th, 2004 • Portola Packaging Inc • Plastics products, nec • Illinois
This Limited Wavier and Second Amendment to Fourth Amended and Restated Credit Agreement (this “Agreement”) is entered into this 24th day of November, 2004 among PORTOLA PACKAGING, INC., a Delaware corporation, as Borrower, and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), for itself, as Agent, Issuing Lender and Lender.
TENTH AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 16th, 2008 • Portola Packaging Inc • Plastics products, nec • Illinois
This Tenth Amendment to Fourth Amended and Restated Credit Agreement (this “Agreement”) is entered into this 14th day of April, 2008 among PORTOLA PACKAGING, INC., a Delaware corporation, as Borrower, and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), for itself, as Agent, Issuing Lender and Lender.
Mr. Michael T. Morefield 6836 Bantry Court Darien, IL 60561 Dear Mike:Portola Packaging Inc • December 14th, 2004 • Plastics products, nec • California
This letter will set forth the principal terms of the employment agreement between you and Portola Packaging, Inc. (the “Company”). If you agree, please sign a copy of this letter in the space provided below and return it to me.
PORTOLA PACKAGING, INC. Portola U.S. - and - PORTOLA PACKAGING CANADA LTD. as Borrower - and - CANADIAN IMPERIAL BANK OF COMMERCE as Agent SUPPORT AGREEMENTSupport Agreement • December 1st, 1997 • Portola Packaging Inc • Plastics products, nec • British Columbia
Exhibit 10.33 Exhibit 10.33 RELEASE AND ASSUMPTION AGREEMENT This Release and Assumption Agreement ("Agreement") is made and entered into this 17th day of September, 1999 by and among Portola Packaging, Inc., a Delaware corporation ("PPI"), Sand Hill...Release and Assumption Agreement • January 10th, 2000 • Portola Packaging Inc • Plastics products, nec
Exhibit 10.34 Exhibit 10.34 AMENDED AND RESTATED STOCK PLEDGE AGREEMENT THIS AMENDED AND RESTATED STOCK PLEDGE AGREEMENT (the "Agreement"), is made and entered into effective as of this 4th day of October, 1999 by PORTOLA COMPANY IV LLC, a Delaware...Stock Pledge Agreement • January 10th, 2000 • Portola Packaging Inc • Plastics products, nec • California
SECOND AMENDED AND RESTATED POST-PETITION CREDIT AGREEMENT Dated as of September 3, 2008 by and among PORTOLA PACKAGING, INC., as debtor and debtor- in-possession, as Borrower, WAYZATA INVESTMENT PARTNERS LLC, as Administrative Agent and Collateral...Petition Credit Agreement • September 3rd, 2008 • Portola Packaging Inc • Plastics products, nec • New York
This SECOND AMENDED AND RESTATED POST-PETITION CREDIT AGREEMENT (this “Agreement”) is dated as of September 3, 2008, and entered into by and among Portola Packaging, Inc., as a debtor and debtor-in-possession, a Delaware corporation (“Borrower”), the lenders that are or hereafter become parties to this Agreement as “Lenders” (as such term is defined in subsection 11.1 hereof), and WAYZATA INVESTMENT PARTNERS LLC, a Delaware limited liability company (in its individual capacity, “Wayzata”), as collateral agent for the Lenders (in such capacity, the “Collateral Agent”) and as administrative agent for the Lenders (in such capacity, the “Administrative Agent” and, together with the Collateral Agent, each an “Agent”, and, collectively, the “Agents”) and amends and restates that certain Amended and Restated Credit Agreement, dated as of July 24, 2008 (the “Pre-Petition Loan Agreement”), by and among the Borrower, the financial institutions from time to time parties thereto, as lenders, and W
Mr. Michael T. Morefield 6836 Bantry Court Darien, IL 60561 Dear Mike:Portola Packaging Inc • November 29th, 2004 • Plastics products, nec • California
This letter will set forth the principal terms of the employment agreement between you and Portola Packaging, Inc. (the “Company”). If you agree, please sign a copy of this letter in the space provided below and return it to me.
R E C I T A L SDirector's Agreement • November 25th, 1996 • Portola Packaging Inc • Plastics products, nec • California
FIFTH AMENDED AND RESTATED SENIOR POST-PETITION CREDIT AGREEMENT Dated as of September 3, 2008 by and among PORTOLA PACKAGING, INC., as debtor and debtor- in-possession, as Borrower, GENERAL ELECTRIC CAPITAL CORPORATION, as Administrative Agent and...Credit Agreement • September 3rd, 2008 • Portola Packaging Inc • Plastics products, nec • New York
This FIFTH AMENDED AND RESTATED SENIOR POST-PETITION CREDIT AGREEMENT (this “Agreement”) is dated as of September 3, 2008, and entered into by and among Portola Packaging, Inc., as a debtor and debtor-in-possession, a Delaware corporation (“Borrower”), the lenders that are or hereafter become parties to this Agreement as “Lenders” (as such term is defined in subsection 11.1 hereof), and General Electric Capital Corporation, a Delaware corporation (in its individual capacity, “GE Capital”), as collateral agent for the Lenders (in such capacity, the “Collateral Agent”) and as administrative agent for the Lenders (in such capacity, the “Administrative Agent” and, together with the Collateral Agent, each an “Agent”, and, collectively, the “Agents”) and amends and restates that certain Fourth Amended and Restated Credit Agreement, dated as of January 16, 2004 (the “Pre-Petition Loan Agreement”), by and among the Borrower, the financial institutions from time to time parties thereto, as lend
Portola Logo]Portola Packaging Inc • April 19th, 2005 • Plastics products, nec
This letter will set forth the principal terms of the employment agreement between you and Portola Packaging, Inc. (the “Company”). If you agree, please sign a copy of this letter in the space provided below and return it to me.
SEVENTH AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 27th, 2005 • Portola Packaging Inc • Plastics products, nec • Illinois
This Seventh Amendment to Fourth Amended and Restated Credit Agreement (this “Agreement”) is entered into this 21st day of June, 2005 among PORTOLA PACKAGING, INC., a Delaware corporation, as Borrower, and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), for itself, as Agent, Issuing Lender and Lender.
EMPLOYMENT AGREEMENTEmployment Agreement • April 13th, 2006 • Portola Packaging Inc • Plastics products, nec • Illinois
This agreement is made this 13th day of February, 2006 between Portola Packaging, Inc. (the “Company”) and Brian Bauerbach (“Executive” or “you”).
CREDIT AGREEMENT DATED AS OF APRIL 14, 2008 by and among PORTOLA PACKAGING, INC. as Borrower WAYZATA INVESTMENT PARTNERS LLC as Agent and THE INVESTMENT FUNDS PARTY HERETO as LendersCredit Agreement • April 16th, 2008 • Portola Packaging Inc • Plastics products, nec • Illinois
This CREDIT AGREEMENT (this “Agreement”) is dated as of April 14, 2008, and entered into by and among Portola Packaging, Inc., a Delaware corporation (“Borrower”), the financial institutions who are or hereafter become parties to this Agreement as “Lenders”, (as such term is defined in subsection 10.1 hereof), and WAYZATA INVESTMENT PARTNERS LLC, a Delaware limited liability company (in its individual capacity, “Wayzata”), as “Agent” (as such term is defined in subsection 10.1 hereof).
March 3, 2008 John G. LaBahn 204 Edinburgh Court Naperville, Illinois 60540 Dear John:Portola Packaging Inc • April 14th, 2008 • Plastics products, nec
It is a pleasure to confirm as set forth herein our employment agreement with you for the position of Senior Vice President and Chief Financial Officer reporting to me as President and CEO. This agreement is documented below and is contingent upon having a medical examination to determine if you can perform the essential functions of this position with or without reasonable accommodation. Included in the medical examination will be a drug screen. You will need to present a photo ID at the time of your medical examination. Subject to the medical examination, your employment will start on March 4, 2008.
Mr. Michael T. Morefield 6836 Bantry Court Darien, IL 60561 Dear Mike:Portola Packaging Inc • April 12th, 2007 • Plastics products, nec • Illinois
This letter will set forth the principal terms of the employment agreement between you and Portola Packaging, Inc. (the “Company”). If you agree, please sign a copy of this letter in the space provided below and return it to me.
FIFTH AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 19th, 2005 • Portola Packaging Inc • Plastics products, nec • Illinois
This Fifth Amendment to Fourth Amended and Restated Credit Agreement (this “Agreement”) is entered into this 4th day of April, 2005 among PORTOLA PACKAGING, INC., a Delaware corporation, as Borrower, and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), for itself, as Agent, Issuing Lender and Lender.
EXHIBIT 10.39 IT IS UNLAWFUL TO CONSUMMATE A SALE OR TRANSFER OF THIS SECURITY OR ANY INTEREST THEREIN, OR TO RECEIVE ANY CONSIDERATION THEREFOR, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSIONER OF CORPORATIONS OF THE STATE OF CALIFORNIA, EXCEPT...Employee Incentive Stock Option Agreement • November 25th, 1996 • Portola Packaging Inc • Plastics products, nec
AGREEMENTAgreement • November 28th, 2005 • Portola Packaging Inc • Plastics products, nec
WHEREAS, the employment of Jack Watts (“Employee”) as Chief Executive Officer of Portola Packaging, Inc. (the “Company”) ended on June 21, 2005; and
