EXHIBIT 10.4
Lease No. 940148
LEASE SCHEDULE AND ACCEPTANCE CERTIFICATE NO. 012
Reference is made to the Lease Agreement dated as of December 15, 1994
between BA LEASING & CAPITAL CORPORATION, as Lessor, and COCA-COLA BOTTLING CO.
CONSOLIDATED, as Lessee (together with the Appendix thereto, the "Lease";
capitalized terms not otherwise defined herein having the same meanings as
in the Lease). The Lease is incorporated herein by reference.
1. ACCEPTANCE; CONFIRMATIONS. Lessee confirms that (A) the equipment
described in Annex A to this Lease Schedule (the "Units") has been delivered
to, is in the possession of and is accepted by Lessee for leasing under, and
constitutes "Units" subject to and governed by, the Lease, (B) the Units (i)
have been fully inspected by qualified agents of Lessee and are in good order,
operating condition and repair, (ii) have been properly installed (subject
only to any minor undischarged obligations of suppliers, manufacturers or
installers thereof to promptly update and conform the same as provided by
their respective agreements and warranties), (iii) meet all recommended
or applicable safety standards, (iv) are, as of the Delivery Date set forth
below, available for use and service by Lessee and Lessor, and (v) have
been marked or labeled showing Lessor's interest in the form and to the extent
required by the Lease and (C) Lessee must pay the rent and all other sums
provided for in the Lease with respect to such Units.
2. DELIVERY DATE; SCHEDULING DATE. The Delivery Date of the Units is
June 21, 1995. The Scheduling Date of the Units is June 21, 1995.
3. TERM. The Term of the Lease with respect to the Units is comprised of an
Interim Term that begins on the Delivery Date and continues until September
15, 1995 (the "Base Date") and a Base Term that begins on the Base Date and
continues until September 15, 2003.
4. RENT. The total rents for the Units is $49,199.56, comprised of Base
Rent payable in 32 consecutive quarterly installments, with the first such
installment due three months following the Base Date. The Base Rent
installments are set forth in Annex B hereto.
5. CASUALTY VALUES. The Casualty Values for the Units are set forth
in Annex B hereto.
6. CHATTEL PAPER COUNTERPARTS. Two counterparts of this Lease Schedule
and Acceptance Certificate have been executed by the parties hereto. One
counterpart has been prominently marked "Lessor's Copy". One counterpart
has been prominently marked "Xxxxxx's Copy". Only the counterpart marked
"Lessor's Copy" shall evidence a monetary obligation of Lessee.
IN WITNESS WHEREOF, Xxxxxx and Xxxxxx have executed this Lease Schedule
and Acceptance Certificate as of the Delivery Date set forth above.
Lessor: Lessee:
BA LEASING & CAPITAL CORPORATION COCA-COLA BOTTLING CO. CONSOLIDATED
By: /s/ Xxxxx Xxxxx By: /s/ Xxxxxx X. Xxxxxxx
Title: Assistant Vice President Title: Xxxxxx X. Xxxxxxx
By: /s/ Xxxx X. Xxxxxx Vice President & Treasurer
Title: Vice President
