April 30, 2004 PepsiAmericas, Inc. 4000 Dain Rauscher Plaza, 60 South Sixth Street Minneapolis, Minnesota 55402 Ladies and Gentlemen: The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction...Confirmation Agreement • May 4th, 2004 • Pepsiamericas Inc/Il/ • Bottled & canned soft drinks & carbonated waters • New York
This Confirmation evidences a complete and binding agreement between Seller and Purchaser as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall supplement, form a part of, and be subject to an agreement in the form of the 2002 ISDA Master Agreement (Multicurrency, Cross-Border) (the “Agreement”) as if Seller and Purchaser had executed an agreement in such form (but without any Schedule except for the election of the laws of the State of New York as the governing law and United States dollars as the Termination Currency) on the Trade Date. In the event of any inconsistency between provisions of that Agreement and this Confirmation, this Confirmation will prevail for the purpose of the Transaction to which this Confirmation relates. The parties hereby agree that no Transaction other than the Transaction to which this Confirmation relates shall be governed by the Agreement.
