REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 15th, 2014 • Cott Corp /Cn/ • Bottled & canned soft drinks & carbonated waters • New York
This REGISTRATION RIGHTS AGREEMENT, dated December 12, 2014 (the “Agreement”), is entered into by and among Cott Beverages Inc., a Georgia corporation (the “Company”), the guarantors listed in Schedule 1 hereto (the “Guarantors”) and Barclays Capital Inc., as representative (the “Representative”) of the several initial purchasers named in Schedule I to the Purchase Agreement (the “Initial Purchasers”).
COTT BEVERAGES INC. as Issuer, The Guarantors named herein, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee, Paying Agent, Registrar, Transfer Agent and Authenticating Agent 6.75% Senior Notes due 2020 INDENTURE Dated as of December 12, 2014Indenture • December 15th, 2014 • Cott Corp /Cn/ • Bottled & canned soft drinks & carbonated waters • New York
INDENTURE dated as of December 12, 2014, among COTT BEVERAGES INC. (the “Issuer”), the Guarantors (as defined herein) identified on the signature pages hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”), Paying Agent, Registrar, transfer agent (the “Transfer Agent”) and authenticating agent (the “Authenticating Agent”).
COTT CORPORATION DS SERVICES HOLDINGS, INC. DS SERVICES OF AMERICA, INC. as Issuer and the other Guarantors party hereto from time to time [FORM OF] AMENDED AND RESTATED INDENTURE Dated as of the date the Acquisition (as defined herein) is...Supplemental Indenture • December 15th, 2014 • Cott Corp /Cn/ • Bottled & canned soft drinks & carbonated waters • New York
AMENDED AND RESTATED INDENTURE, dated as of the date the Acquisition (as defined herein) is consummated (this “Agreement”), among DS SERVICES OF AMERICA, INC. (formerly known as DS WATERS OF AMERICA, INC.), a Delaware corporation (together with its successors and assigns, “DS Services of America”), DS SERVICES HOLDINGS, INC. (formerly known as DS WATERS ENTERPRISES, INC.), a Delaware corporation (together with its successors and assigns, “Holdings”), COTT CORPORATION, a corporation organized under the laws of Canada ( “Cott”), the other Guarantors party hereto from time to time (as defined below) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee (the “Trustee”) and as collateral agent (the “Collateral Agent”).
REGISTRATION RIGHTS AGREEMENT for SERIES A CONVERTIBLE FIRST PREFERRED SHARES and COMMON SHARES by and among COTT CORPORATION and the DESIGNATED HOLDERS named herein Dated: December 12, 2014Registration Rights Agreement • December 15th, 2014 • Cott Corp /Cn/ • Bottled & canned soft drinks & carbonated waters • New York
REGISTRATION RIGHTS AGREEMENT for Series A Convertible First Preferred Shares and Common Shares, dated as of December 12, 2014, by and among Cott Corporation, a corporation governed by the Canada Business Corporations Act (the “Company”), and the shareholders that are party to this Agreement from time to time, as set forth on the signature page hereto (each, a “Designated Holder”).
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • December 15th, 2014 • Cott Corp /Cn/ • Bottled & canned soft drinks & carbonated waters • New York
THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of December 12, 2014, among COTT CORPORATION, a corporation organized under the laws of Canada (“Cott”), DSS GROUP, INC., a Delaware corporation (“DSS Group”), the subsidiary guarantors listed on Annex A, each a subsidiary of Cott (the “New Subsidiary Guarantors” and, collectively with Cott and DSS Group, the “New Guarantors”), DS SERVICES OF AMERICA, INC. (formerly known as DS WATERS OF AMERICA, INC.) (or its successor, “DS Services of America”), a Delaware corporation, and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee under the indenture referred to below (the “Trustee”).
DIRECTOR DESIGNATION AGREEMENT between COTT CORPORATION and CRESTVIEW DSW INVESTORS, L.P., as Sellers’ Representative dated as of December 12, 2014Director Designation Agreement • December 15th, 2014 • Cott Corp /Cn/ • Bottled & canned soft drinks & carbonated waters • Delaware
This Director Designation Agreement (this “Agreement”), dated as of December 12, 2014, is entered into by and between Cott Corporation, a corporation organized under the laws of Canada (the “Company”), and Crestview DSW Investors, L.P., a Delaware limited partnership, as Sellers’ Representative (the “Sellers’ Representative”) on behalf of the Initial Preferred Holders (as defined below).
