AMENDED AND RESTATED CAN SUPPLY AGREEMENTCan Supply Agreement • May 11th, 2007 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Illinois
This Amended and Restated Can Supply Agreement (the “Amended and Restated Agreement”) is entered into by and between: (i) Rexam Beverage Can Company (“Rexam”), a Delaware corporation, with its principal place of business at 8770 West Bryn Mawr Avenue, 11th Floor, Chicago, Illinois 60631; and (ii) Coca-Cola Bottlers’ Sales & Services Company LLC, a limited liability company organized and existing under the laws of Delaware, with its principal offices at 3200 Windy Hill Road, East Tower, Suite 300, Atlanta, Georgia 30339 (“CCB”), acting solely on behalf of and as agent for the Bottlers (as defined below) (each a “Party” and together, the “Parties,” and where applicable, shall be deemed to include the Bottlers, as defined below), and amends and restates that certain Can Supply Agreement entered into on or about January 1, 2004 by and between Rexam and CCB, as agent for certain Bottlers (the “Original CCB Agreement”).
June 25, 2002Can Supply Agreement • March 8th, 2005 • Coca Cola Enterprises Inc • Bottled & canned soft drinks & carbonated waters
It is agreed, for the balance of the term of the Can Supply Agreement, dated January 1, 1999 (the “Agreement”), as amended by the June 25, 2002 Amendment to the Agreement (the “Amendment”), that for purposes of evaluating a competitive offer under Section 4(b) (upon the reinstatement of such provision as provided for in the Amendment) and/or for purposes of determining whether we are selling to another customer at a price lower than CCE’s price under Section 4(a) of the Agreement, as amended, no adjustments will be made unless the competitive offer or price we are selling to another customer is less than *** of the then current price being charged to Coca-Cola Enterprises, Inc.
Material Has Been Omitted Pursuant to a Request for Confidential Treatment and Filed Separately with the SEC AMENDMENT to CAN SUPPLY AGREEMENTCan Supply Agreement • October 15th, 2002 • Coca Cola Enterprises Inc • Bottled & canned soft drinks & carbonated waters
This amendment (“Amendment”) is entered into as of this 25th day of June, 2002, by and between Rexam Beverage Can Company, formerly American National Can Company, a Delaware Corporation, with its principal offices at 8770 West Bryn Mawr Avenue, Chicago, IL. 60631 (“Rexam”), and Coca-Cola Enterprises Inc. and its U.S. subsidiaries, with their principal offices at P.O. Box 723040, Atlanta, GA. 31139-0040 (collectively, the “Buyer”). Capitalized terms not separately defined herein shall have the same meanings ascribed to them in the Agreement.
A portion of this document is confidential and has been omitted and filed separately with the Securities and Exchange Commission in connection with a request for confidential treatment of such omitted material. CAN SUPPLY AGREEMENT...Can Supply Agreement • May 15th, 2000 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters
September 3, 2003Can Supply Agreement • March 8th, 2005 • Coca Cola Enterprises Inc • Bottled & canned soft drinks & carbonated waters
This letter confirms our discussions and amends our Can Supply Agreement, dated January 1, 1999, as amended June 25, 2002 (the “Agreement”), as follows:
