0001104659-10-059322 Sample Contracts

BALL CORPORATION
Fifth Supplemental Indenture • November 19th, 2010 • Ball Corp • Metal cans • New York

FIFTH SUPPLEMENTAL INDENTURE dated as of November 18, 2010 by and among Ball Corporation, an Indiana corporation (the “Company”), the Guarantors (as defined below) and The Bank of New York Mellon Trust Company, N.A. (f/k/a The Bank of New York Trust Company, N.A.), a national banking association, as trustee (the “Trustee”).

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Ball Corporation 5¾% Senior Notes due 2021
Underwriting Agreement • November 19th, 2010 • Ball Corp • Metal cans • New York

Ball Corporation, an Indiana Corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”), an aggregate of $500,000,000 principal amount of its 5¾% Senior Notes due 2021 (the “Notes”) pursuant to this agreement (the “Agreement”). The Notes will be guaranteed (collectively, the “Guarantees”) by each of the subsidiary guarantors named in Schedule II hereto (the “Guarantors”). The Notes and the Guarantees are collectively referred to herein as the “Securities.” The Securities are to be issued pursuant to the provisions of a base indenture dated March 27, 2006 (the “Base Indenture”), among the Company, the Guarantors and the Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as amended and supplemented by the fifth supplemental indenture with respect to the Notes among Ball, the Guar

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