MANAGEMENT AGREEMENTManagement Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Georgia
This Management Agreement (“Agreement”) made and entered into as of the 2nd day of July, 1993, by and among Coca-Cola Bottling Co. Consolidated, a Delaware corporation (“Manager”); and Carolina Coca-Cola Bottling Partnership, a Delaware general partnership (“CCCB Partnership”); CCBCC of Wilmington, Inc., a Delaware corporation wholly owned by CCCB Partnership (“Wilmington”) (CCCB Partnership and Wilmington are hereby sometimes jointly and severally referred to as the “Partnership”); Carolina Coca-Cola Bottling Investments, Inc., a Delaware corporation and wholly owned subsidiary of The Coca-Cola Company (“KO Sub”); Coca-Cola Ventures, Inc., a Delaware corporation and wholly owned subsidiary of Manager (“Ventures”) and Palmetto Bottling Company, a South Carolina corporation (“Palmetto”) and wholly owned subsidiary of Manager (KO Sub, Ventures and Palmetto are herein collectively referred to as “Partners” and sometimes referred to individually as “Partner”).
SWEETENER SALES AGREEMENT - BOTTLERSweetener Sales Agreement - Bottler • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Georgia
This agreement (“Agreement”) made and entered into this 14 day of OCTOBER, 2002, by and between The Coca-Cola Company, a Delaware corporation (“Company”), through its Coca-Cola North America Division, and Coca-Cola Bottling Company Consolidated, a Delaware corporation (“Bottler”).
MASTER BOTTLE CONTRACTMaster Bottle Contract • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Georgia
THIS AGREEMENT, (this “Agreement”) effective as of May 28, 1999 is made and entered into by and between THE COCA-COLA COMPANY, a corporation organized and existing under the laws of the State of Delaware having its principal place of business in Atlanta, Georgia (the “Company”), and SUBC, INC. a corporation organized and existing under the laws of the State of Delaware having its principal place of business in Sumter, South Carolina (the “Bottler”).
PARTNERSHIP AGREEMENT OF CAROLINA COCA-COLA BOTTLING PARTNERSHIPPartnership Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Georgia
THIS PARTNERSHIP AGREEMENT made and entered into as of the 2nd day of July, 1993, between Carolina Coca-Cola Bottling Investments, Inc., a Delaware corporation (“KO Sub”), Coca-Cola Ventures, Inc., a Delaware corporation (“Ventures”), Coca-Cola Bottling Co. Affiliated, Inc., a Delaware corporation (“Affiliated”), Fayetteville Coca-Cola Bottling Company, a North Carolina corporation (“Fayetteville”), and Palmetto Bottling Company, a South Carolina corporation (“Palmetto”), for the formation of Carolina Coca-Cola Bottling Partnership, a general partnership to be formed under the Uniform Partnership Act of the State of Delaware (the “Partnership”).
STATE OF NORTH CAROLINADeferred Compensation Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • North Carolina
AGREEMENT made this 1st day of October, 1987, between Robert D. Pettus, Jr., Vice President of Coca Cola Bottling Co. Consolidated, (the “Vice President”); and (the “Select Employee”).
LOAN AGREEMENT Dated as of November 20, 1995Loan Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • New York
LOAN AGREEMENT, dated as of November 20, 1995, among COCA-COLA BOTTLING CO. CONSOLIDATED, a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”); the financial institutions named herein as lenders (the “Banks”); and LTCB TRUST COMPANY, a trust company organized under the laws of the State of New York, as agent on behalf of the Banks (in such capacity, the “Agent”).
TRANSFER AND ASSUMPTION OF LIABILITIES AGREEMENTTransfer and Assumption of Liabilities Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters
THIS TRANSFER AND ASSUMPTION OF LIABILITIES AGREEMENT made and entered into as of this 19th day of December, 1996 (this “Agreement”) by and between CCBCC, Inc., a Delaware corporation (“CCBCC”), PIEDMONT COCA-COLA BOTTLING PARTNERSHIP a Delaware general partnership (“PCCBP”).
March 1, 1994 Board of Directors South Atlantic Canners 601 Cousar Street Bishopville, SC 29010 Dear Sirs’:Coca Cola Bottling Co Consolidated /De/ • March 28th, 2003 • Bottled & canned soft drinks & carbonated waters
This letter is intended to outline our mutual intent to establish a long term relationship under which Coca-Cola Bottling Co. Consolidated and or it’s affiliates, (“CCBCC”), would maintain long term membership in the South Atlantic Canners production co-operative (“SAC”). As inducement to enter into this long term arrangement, SAC will hire CCBCC to manage SAC pursuant to a long term management agreement (the “Contract”). During the term of the Contract, the SAC Board of Directors (the “BOD”) will use its best efforts to see that a representative of CCBCC will be elected to serve on the BOD. This letter is intended to summarize the general intent of the parties with regard to this transaction, which will be more fully described in the Contract and a membership agreement between SAC and CCBCC.
FIRST AMENDMENT TO LEASE and FIRST AMENDMENT TO MEMORANDUM OF LEASECoca Cola Bottling Co Consolidated /De/ • March 28th, 2003 • Bottled & canned soft drinks & carbonated waters
THIS FIRST AMENDMENT TO LEASE AND FIRST AMENDMENT TO MEMORANDUM OF LEASE (this “First Amendment”) is made and entered as of the 30 day of August _____, 2002, between RAGLAND CORPORATION, a Tennessee corporation (hereinafter referred to as the “Landlord”), having a mailing address of 4544 Harding Road, Suite 214, Nashville, Tennessee 37205, and COCA-COLA BOTTLING CO. CONSOLIDATED, a Delaware corporation (hereinafter referred to as the “Tenant”), having a mailing address of 4100 Coca-Cola Plaza. Charlotte, North Carolina 28211.
STOCK RIGHTS AND RESTRICTIONS AGREEMENTStock Rights and Restrictions Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Delaware
THIS AGREEMENT, made and entered into as of this 27th day of January, 1989 (the “Agreement”) by and between The Coca-Cola Company (hereinafter “Shareholder”) and Coca-Cola Bottling Co. Consolidated (hereinafter the “Company”):
U.S. $125,000,000 CREDIT AGREEMENT Dated as of December 20, 2002 Among COCA- COLA BOTTLING CO. CONSOLIDATED as Borrower THE BANKS NAMED HEREIN SALOMON SMITH BARNEY INC. as Lead Arranger WACHOVIA BANK, NATIONAL ASSOCIATION as Joint Lead Arranger and...Credit Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • New York
CREDIT AGREEMENT dated as of December 20, 2002 among COCA-COLA BOTTLING CO. CONSOLIDATED, a corporation organized under the laws of Delaware (the “Borrower”), the banks (each a “Bank” and, collectively, the “Banks”) listed on the signature pages hereof, and CITIBANK, N.A., a national banking association, as administrative agent (in such capacity, the “Administrative Agent”).
MANAGEMENT AGREEMENTManagement Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • South Carolina
This Management Agreement (“Agreement”) made and entered into this ____ day of May, 1994, by and among Coca-Cola Bottling Co. Consolidated, a Delaware corporation (“Manager”) and South Atlantic Canners, Inc., a South Carolina corporation (“SAC”).
ContractLoan Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • New York
AMENDMENT NO. 1, dated as of July 22, 1997, to the LOAN AGREEMENT, dated as of November 20, 1995 (the “Loan Agreement”), among COCA-COLA BOTTLING CO. CONSOLIDATED, a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”); the financial institutions named therein as lenders (the “Banks”); and LTCB TRUST COMPANY, a trust company organized under the laws of the State of New York, as agent on behalf of the Banks (in such capacity, the “Agent”).
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF COCA-COLA BOTTLERS’ SALES & SERVICES COMPANY LLCLimited Liability Company Operating Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Delaware
The Membership Interests in Coca-Cola Bottlers’ Sales & Services Company LLC created and issued under this Agreement (the “Membership Interests”) are subject to the restrictions on transfer and other terms and conditions set forth in this Agreement.
AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • March 28th, 2003 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters
THIS AMENDED AND RESTATED GUARANTY AGREEMENT (“Guaranty”) made and entered into as of the 31st day of January, 1993 with an effective date of July 15, 1993, by EACH OF THE PARTIES SET FORTH ON EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, each a corporation organized and existing under the laws of the State shown opposite its name (each, a “Guarantor” and, collectively, the “Guarantors”) in favor of TRUST COMPANY BANK, a Georgia banking corporation (“TCB”), Teachers Insurance and Annuity Association of America (the “Purchaser”), so long as it shall hold any of the Notes referred to below, all other Registered Noteholders (as this and other capitalized terms used herein without definition are defined in Section 1 below) and the other Lenders (as defined herein);
