REGISTRATION RIGHTS AGREEMENT Dated as of August 5, 2003 Among ANCHOR GLASS CONTAINER CORPORATION and ANY GUARANTORS NAMED HEREIN as Issuers, and DEUTSCHE BANK SECURITIES INC. and CREDIT SUISSE FIRST BOSTON LLC as Initial Purchasers 11% Senior Secured...Registration Rights Agreement • September 5th, 2003 • Anchor Glass Container Corp /New • Glass containers • New York
This Agreement is entered into in connection with the Purchase Agreement by and among the Company and the Initial Purchasers, dated as of July [ ], 2003 (the "Purchase Agreement"), which provides for, among other things, the sale by the Company to the Initial Purchasers of $50,000,000 aggregate principal amount of the Company's 11% Senior Secured Notes due 2013 (the "Notes") guaranteed by the Guarantors, if any (the "Guarantees"). The Notes and the Guarantees, if any, are collectively referenced to herein as the "Securities". In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Issuers have agreed to provide the registration rights set forth in this Agreement for the benefit of the Initial Purchasers and any subsequent holder or holders of the Securities. The execution and delivery of this Agreement is a condition to the Initial Purchasers' obligation to purchase the Securities under the Purchase Agreement.
Shares] ANCHOR GLASS CONTAINER CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 5th, 2003 • Anchor Glass Container Corp /New • Glass containers • New York
CREDIT SUISSE FIRST BOSTON LLC MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED As Representatives of the Several Underwriters, c/o Credit Suisse First Boston LLC, Eleven Madison Avenue, New York, N.Y. 10010-3629
FIRST SUPPLEMENTAL INDENTUREAnchor Glass Container Corp /New • September 5th, 2003 • Glass containers • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of August 5, 2003 (the "First Supplemental Indenture"), among Anchor Glass Container Corporation, a Delaware corporation (the "Company"), the Guarantors, if any, and The Bank of New York, a New York banking corporation (the "Trustee").
Anchor Glass Container Corporation $50,000,000 11% Senior Secured Notes due 2013 PURCHASE AGREEMENTPurchase Agreement • September 5th, 2003 • Anchor Glass Container Corp /New • Glass containers • New York
DEUTSCHE BANK SECURITIES INC. CREDIT SUISSE FIRST BOSTON LLC c/o Deutsche Bank Securities Inc. 60 Wall Street New York, New York 10005
AMENDMENT NO. 3. TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 5th, 2003 • Anchor Glass Container Corp /New • Glass containers • Illinois
THIS AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT, dated as of July 25, 2003, is by and between Anchor Glass Container Corporation ("Borrower"), and Congress Financial Corporation (Central), an Illinois corporation, in its capacity as agent (in such capacity, "Agent") for the financial institutions from time to time parties to the Loan Agreement (as hereinafter defined) as lenders (each individually, a "Lender" and collectively, "Lenders").
ANCHOR GLASS CONTAINER CORPORATION FORM OF DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTDirector and Officer Indemnification Agreement • September 5th, 2003 • Anchor Glass Container Corp /New • Glass containers • Delaware
This Indemnification Agreement ("Agreement") is made as of this day of , 2003, by and between Anchor Glass Container Corporation, a Delaware corporation (the "Company"), and [ ] ("Indemnitee").
AGREEMENT FOR THE SUPPLY OF GOODSAnchor Glass Container Corp /New • September 5th, 2003 • Glass containers • New York
This AGREEMENT FOR THE SUPPLY OF GOODS (as it may from time to time be amended and including the exhibits hereto, this ("Agreement") is entered into on this*** day of*** 2003, to be effective, subject to the provisions of Section 1 below, as of January 1, 2004 (the "Effective Date"), by and among Mott's Inc., a Delaware corporation, having its principal place of business at 6 High Ridge Park, Stamford, CT 06905 ("Mott's"), Snapple Beverage Group, Inc., a Delaware corporation having its principal place of business at 709 Westchester Avenue, White Plains, NY 10604 ("Snapple", and together with Mott's and any other affiliate of Cadbury Schweppes plc that elects to become a purchaser hereunder by delivering notice to Supplier, each a "Purchaser") and Anchor Glass Container Corporation, a Delaware corporation having its principal place of business at 4343 Anchor Plaza Parkway, Tampa, Florida 33634-7513 ("Supplier").
