February 28, 2007Equity Commitment Letter • April 3rd, 2007 • Cronos Group • Transportation services • New York
Reference is made to the Asset Purchase Agreement, dated as of the date hereof (as it may be amended from time to time, the “Asset Purchase Agreement”), by and among CRX Acquisition Ltd., a Bermuda exempted company (“Purchaser”), FB Transportation Capital LLC, a Delaware limited liability company (“Sponsor”), and The Cronos Group, a limited liability company (société anonymé holding) organized and existing under the laws of the Grand Duchy of Luxembourg (the “Company”), pursuant to which Purchaser, or a permitted assignee of Purchaser, will acquire the assets and assume the liabilities of the Company subject to and in accordance with its terms. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Asset Purchase Agreement.
The Cronos Group 5, rue Guillaume Kroll L-1882 Luxembourg May 31, 2006Confidentiality Agreement • April 3rd, 2007 • Cronos Group • Transportation services • California
Fortis Capital Corp. (the “Company”), wishes to initiate discussions with The Cronos Group, a société anonyme holding organized and existing under the laws of Luxembourg (“Cronos”), for the purpose of evaluating a potential purchase of the assets or equity of Cronos (the “Proposed Transaction”). In connection with such evaluation and any resulting negotiations (all the foregoing, the “Negotiations”), information of a confidential nature may be disclosed by Cronos (the term “Cronos” including, for purposes of this Agreement, all of its directly and indirectly owned subsidiaries and other controlled affiliates of The Cronos Group, all of the limited partnerships managed by subsidiaries of Cronos (the “Cronos Partnerships”), and all of its and its directly and indirectly owned subsidiaries’, the Cronos Partnerships’ and Cronos’ other affiliates’ officers, employees, representatives and other agents) to the Company or to its Agents (as hereinafter defined). In consideration of Cronos’ prov
