FORM OF BERRY PLASTICS GROUP, INC. (a Delaware corporation) [ ] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 19th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
Contract Type FiledSeptember 19th, 2012 Company Industry Jurisdiction
FORM OF INCOME TAX RECEIVABLE AGREEMENT dated as ofTax Receivable Agreement • September 19th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
Contract Type FiledSeptember 19th, 2012 Company Industry JurisdictionThis 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 [—], a [Apollo entity] (the “Existing Stockholders Representative”).
FORM OFAdoption Agreement • September 19th, 2012 • Berry Plastics Group Inc • Plastics products, nec • New York
Contract Type FiledSeptember 19th, 2012 Company Industry JurisdictionAMENDED AND RESTATED STOCKHOLDERS AGREEMENT (this “Agreement”), dated as of [—], 2012, by and among BERRY PLASTICS GROUP, INC., a Delaware corporation (the “Corporation”), and those stockholders of the Corporation listed on Schedule A hereto.