ESCROW AND EXCHANGE AGENT AGREEMENTEscrow and Exchange Agent Agreement • August 8th, 2006 • Fortune Brands Inc • Heating equip, except elec & warm air; & plumbing fixtures • New York
THIS ESCROW AND EXCHANGE AGENT AGREEMENT (this “Agreement”) is made as of June 7, 2006 by and among Fortune Brands, Inc., a Delaware corporation (“Parent”), Brightstar Acquisition, LLC, an Illinois limited liability company and an indirect wholly-owned subsidiary of Parent (“Merger Sub”), SBR, Inc., a West Virginia corporation (the “Company”), The Bank of New York, as escrow and exchange agent (the “Agent”), and Samuel B. Ross, II, in his capacity as Holders Representative (the “Holders Representative”).
