0001193125-12-360540 Sample Contracts

FORM OF INCOME TAX RECEIVABLE AGREEMENT dated as of
Income Tax Receivable Agreement • August 17th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York

This INCOME TAX RECEIVABLE AGREEMENT (as amended from time to time, this “Agreement”), dated as of [—], is hereby entered into by and among Berry Plastics Group, Inc., a Delaware corporation (the “Corporation”) and [Apollo entity], a [—] (the “Existing Stockholders Representative”).

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