FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • April 30th, 2014 • Beam Inc • Beverages
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of April 30, 2014, by and among BEAM SUNTORY INC., a Delaware corporation (formerly known as Beam Inc., formerly Fortune Brands, Inc.) (the “Company”), SUNTORY HOLDINGS LIMITED, a Japanese corporation (kabushiki kaisha) (“Parent”), and THE BANK OF NEW YORK MELLON, as trustee (as successor to The Chase Manhattan Bank) (the “Trustee”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Indenture (as defined below).
GuaranteeBeam Inc • April 30th, 2014 • BeveragesReference is made to the credit facility agreement (kinsen shohi taishaku keiyakusho) (the “Credit Facility Agreement”) dated as of February 27, 2014 among Suntory Holdings Limited, as borrower (the “Borrower”), and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as lender (together with any party who has become a lender in accordance with Article 24 or Article 25 of the Credit Facility Agreement, collectively, the “Lender”). Capitalized terms used but not otherwise defined herein are used with the meanings assigned to them in the Credit Facility Agreement.
FOURTH SUPPLEMENTAL INDENTUREFourth Supplemental Indenture • April 30th, 2014 • Beam Inc • Beverages
FOURTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of April 30, 2014, by and among BEAM SUNTORY INC., a Delaware corporation (formerly known as Beam Inc., formerly American Brands, Inc.) (the “Company”), SUNTORY HOLDINGS LIMITED, a Japanese corporation (kabushiki kaisha) (“Parent”), and THE BANK OF NEW YORK MELLON, as trustee (as successor to The Chase Manhattan Bank, formerly known as Chemical Bank, which was a successor by merger to Manufacturers Hanover Trust Company) (the “Trustee”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Indenture (as defined below).
