0001193125-04-135731 Sample Contracts

FIVE-YEAR REVOLVING CREDIT AGREEMENT dated as of July 8, 2004 among FORTUNE BRANDS, INC., FORTUNE BRANDS FINANCE UK P.L.C., The Lenders Party Hereto JPMORGAN CHASE BANK, as Administrative Agent and CITIBANK, N.A., as Syndication Agent
Year Revolving Credit Agreement • August 9th, 2004 • Fortune Brands Inc • Heating equip, except elec & warm air; & plumbing fixtures • New York

FIVE-YEAR REVOLVING CREDIT AGREEMENT dated as of July 8, 2004, among FORTUNE BRANDS, INC., a Delaware corporation, FORTUNE BRANDS FINANCE UK P.L.C., a public limited company organized under the laws of England and Wales, the LENDERS party hereto, JPMORGAN CHASE BANK, as Administrative Agent, CITIBANK, N.A., as Syndication Agent, and ABN AMRO BANK, N.V., BARCLAYS BANK PLC, and CREDIT SUISSE FIRST BOSTON, as Co-Documentation Agents.

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SUPPLEMENTAL AGREEMENT
Supplemental Agreement • August 9th, 2004 • Fortune Brands Inc • Heating equip, except elec & warm air; & plumbing fixtures • New York

SUPPLEMENTAL AGREEMENT, dated as of July 30, 2004 (this “Agreement”), among FORTUNE BRANDS, INC., a Delaware corporation (“Seller”), BROWN & WILLIAMSON TOBACCO CORPORATION, a Delaware corporation (“B&W”), and BROWN & WILLIAMSON U.S.A., INC., a North Carolina corporation (“B&W OPCO”) to the INDEMNIFICATION AGREEMENT dated as of December 22, 1994 (the “Indemnification Agreement”), among Seller, B&W and THE AMERICAN TOBACCO COMPANY(“ATCO”).

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