Agreement to Furnish Schedules
Exhibit 99.5
Agreement to Furnish Schedules
Securities and Exchange Commission
Fortune Brands, Inc., as registrant under the Registration Statement on Form S-4 (File No. 333-131990), does hereby covenant and agree to deliver to the Securities and Exchange Commission upon request thereby any and all schedules to the merger agreement referenced in said Registration Statement. A list of each such schedule is set forth on Annex A to this Agreement to Furnish Schedules.
| Fortune Brands, Inc. | ||
| By: | /S/ XXXX X. XXXXX | |
| Name: Xxxx X. Xxxxx Title: Senior Vice President General Counsel and Secretary | ||
ANNEX A
| • | Schedule 5.1(a) | Organization and Qualification | ||
| • | Schedule 5.1(c)(iii) | Voting Trusts or Agreements | ||
| • | Schedule 5.1(c)(iv) | Stockholder Agreements and Other Agreements relating to Capitalization | ||
| • | Schedule 5.1(e) | Financial Statements | ||
| • | Schedule 5.1(f) | Indebtedness | ||
| • | Schedule 5.1(g)(ii) | Material Changes | ||
| • | Schedule 5.1(h) | Tangible Personal Property | ||
| • | Schedule 5.1(i) | Litigation | ||
| • | Schedule 5.1(j) | Intellectual Property | ||
| • | Schedule 5.1(k) | Labor | ||
| • | Schedule 5.1(k)(iii) | Employee Departures | ||
| • | Schedule 5.1(l) | Insurance | ||
| • | Schedule 5.1(m) | Material Contracts | ||
| • | Schedule 5.1(n) | Licenses, Approvals and Consents | ||
| • | Schedule 5.1(o) | Environmental | ||
| • | Schedule 5.1(p) | Tax | ||
| • | Schedule 5.1(q)(i) | Real Property | ||
| • | Schedule 5.1(q)(iii) | Leased Real Property | ||
| • | Schedule 5.1(q)(iv) | Notices and Violations relating to Real Property; Zoning | ||
| • | Schedule 5.1(s) | Location of Inventory | ||
| • | Schedule 5.1(t) | Employee Benefits | ||
| • | Schedule 5.1(u) | Affiliate Transactions | ||
| • | Schedule 5.1(v) | Equity Interests held by SBR, Inc. | ||
| • | Schedule 5.2(c)(ii) | Parent Capitalization | ||
| • | Schedule 6.1 | Changes or Matters affecting Tax Liability | ||
| • | Schedule 7.3(j) | Proposed Employment Contracts | ||
| • | Schedule 10.14 | Permitted Liens |
