0000950152-08-003169 Sample Contracts

Contract
Supplemental Indenture No. 5 • April 29th, 2008 • Constellation Brands, Inc. • Beverages

SUPPLEMENTAL INDENTURE NO. 5 (this “Supplement”), dated as of January 22, 2008 is entered into by and among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation, and PLANET 10 SPIRITS, LLC, a Delaware limited liability company (collectively, the “New Guarantors” and each individually, a “New Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A. (successor trustee to BNY Midwest Trust Company), as trustee (the “Trustee”).

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Contract
Supplemental Indenture No. 16 • April 29th, 2008 • Constellation Brands, Inc. • Beverages

SUPPLEMENTAL INDENTURE NO. 16 (this “Supplement”), dated as of January 22, 2008 is entered into by and among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation, and PLANET 10 SPIRITS, LLC, a Delaware limited liability company (collectively, the “New Guarantors” and each individually, a “New Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A. (successor trustee to BNY Midwest Trust Company), as trustee (the “Trustee”).

Contract
Supplemental Indenture No. 10 • April 29th, 2008 • Constellation Brands, Inc. • Beverages

SUPPLEMENTAL INDENTURE NO. 10 (this “Supplement”), dated as of January 22, 2008 is entered into by and among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation, and PLANET 10 SPIRITS, LLC, a Delaware limited liability company (collectively, the “New Guarantors” and each individually, a “New Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A. (successor trustee to BNY Midwest Trust Company, as applicable), as trustee (the “Trustee”).

Contract
Supplemental Indenture No. 10 • April 29th, 2008 • Constellation Brands, Inc. • Beverages

SUPPLEMENTAL INDENTURE NO. 10 (this “Supplement”), dated as of January 22, 2008 is entered into by and among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation, and PLANET 10 SPIRITS, LLC, a Delaware limited liability company (collectively, the “New Guarantors” and each individually, a “New Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A. (successor trustee to BNY Midwest Trust Company), as trustee (the “Trustee”).

GUARANTEE ASSUMPTION AGREEMENT
Guarantee Assumption Agreement • April 29th, 2008 • Constellation Brands, Inc. • Beverages

GUARANTEE ASSUMPTION AGREEMENT dated as of January 22, 2008 by BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation and PLANET 10 SPIRITS, LLC, a Delaware limited liability company (collectively, the “Additional Subsidiary Guarantors”, and each individually, an “Additional Subsidiary Guarantor”), in favor of JPMorgan Chase Bank, N.A., as administrative agent for the lenders or other financial institutions or entities party as “Lenders” to the Credit Agreement referred to below (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

Contract
Supplemental Indenture No. 1 • April 29th, 2008 • Constellation Brands, Inc. • Beverages

SUPPLEMENTAL INDENTURE NO. 1 (this “Supplement”), dated as of January 22, 2008 is entered into by and among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation, and PLANET 10 SPIRITS, LLC (collectively, the “New Guarantors” and each individually, a “New Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A. as trustee (the “Trustee”).

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