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Exhibit 10.10
RELEASE AGREEMENT
January __, 1997
Vitro, Sociedad Anonima
Ave. Santa Xxxxxxxx Xx. 000
Xxxxxxx Xxxxx xxx Xxxxxxxxx
Xxxxx Xxxxxx, N.L. 00000
Xxxxxx
Attention: Xxxxx Xxxxx Xxxxxxxx
Reference is made to Section 9.A. of that certain Agreement
dated as of December 18, 1996, between Vitro, Sociedad Anonima, a corporation
organized under the laws of Mexico ("Vitro"), Consumers Packaging Inc. for
itself and on behalf of Anchor Glass Acquisition Corporation, a Delaware
corporation ("New Anchor"), pursuant to which Vitro agreed that upon (i) the
delivery of an effective release of Vitro from any and all obligations and
claims by or on behalf of Anchor Glass Container Corporation, a Delaware
corporation ("Anchor"), or the Official Committee of Unsecured Creditors of
Anchor (the "Creditors' Committee") appointed in the case commenced under
Chapter 11 of Title 11 of the United States Code, 11 U.S.C. Sections 301 et seq.
in the United States Bankruptcy Court for the District of Delaware pending under
Case No. 96-1434 PJW with respect to Anchor (the "Reorganization Case") and (ii)
the satisfaction of certain other conditions, Vitro shall contribute $8.4
million to the bankruptcy estate of Anchor (the "Vitro Contribution").
In consideration of the Vitro Contribution, each of Anchor,
New Anchor and the Creditors' Committee hereby releases unconditionally Vitro
and each of its officers, directors, shareholders, employees and other agents,
in each case acting on behalf of Vitro, and each of their respective successors,
executors, administrators, heirs and assigns (all such entities are collectively
referred to as the "Releasees"), from any and all claims, obligations, suits,
judgments, damages, rights, causes of action or liabilities whatsoever, whether
known or unknown, foreseen or unforeseen, existing or hereafter arising, in law,
equity or otherwise, based in whole or in part upon any act or omission,
transaction, event or other occurrence taking place on or prior to the
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date hereof in any way relating to the Releasees, Anchor, the Creditors'
Committee or the Reorganization Case, except for defenses, offsets and
counterclaims which Anchor may have or assert in respect of any claims Vitro may
assert in the Reorganization Case.
Very truly yours,
ANCHOR GLASS CONTAINER CORPORATION,
By: /s/ Xxxx X. Xxxxx, III
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Name: Xxxx X. Xxxxx, III
Title: Vice President
ANCHOR GLASS ACQUISITION CORPORATION,
By: /s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
Title: Chief Executive Officer
OFFICIAL COMMITTEE OF UNSECURED
CREDITORS OF ANCHOR GLASS CONTAINER
CORPORATION,
By: /s/ Xxxxx Xxxx
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Name: Xxxxx Xxxx
Title: Chairperson
AGREED AND ACKNOWLEDGED:
VITRO, SOCIEDAD ANONIMA,
By: /s/ Xxxx Xxxxxxx Xxxxx
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Name: Xxxx Xxxxxxx Xxxxx
Title: Chief Financial Officer