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EXHIBIT 10.28
PECHINEY
LIMITED LICENCE OF TRADE
NAME AND LOGO TO ANC GROUP, INC.
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This Agreement is made the day of July 1999
BETWEEN
PECHINEY - 0, Xxxxx xx Xxxxxxxxxx Xxxxxxxx - 00000 Xxxxx cedex 16 - ("PECHINEY")
AND
AMERICAN NATIONAL CAN GROUP, INC. 0000 Xxxx Xxxx Xxxx Xxxxxx - Xxxxxxx -
Xxxxxxxx 00000-0000 - U.S.A.("the COMPANY").
WHEREAS
A. Pursuant to an Initial Public Offering ("IPO") of the shares of the
Company, Pechiney will no longer hold the majority of the voting stock of
the Company.
B. The Company wishes to use the name and logo of Pechiney for a limited
period after the IPO.
THE PARTIES HEREBY AGREE AS FOLLOWS :
1. As soon as practicable and in any event within three months of the closing
of the IPO the Company will cease to use the TRADE NAMES (meaning, any name
incorporating the word "Pechiney" or any derivation or contraction thereof
or any associated or similar name) or logos of Pechiney.
2. Subject to the above, the Company will acquire no rights under this
Agreement.
3. This agreement is subject to the laws of France and the parties hereby
submit to the exclusive jurisdiction of the courts of France.
Signed by
For and on behalf of Pechiney
Signed by
For and on behalf of ANC Group; Inc.