SECOND PRIORITY NOTES REGISTRATION RIGHTS AGREEMENT by and among Berry Plastics Corporation and the Guarantors party hereto, and Banc of America Securities LLC Barclays Capital Inc., as representatives of the Initial Purchasers Dated as of December 3,...Second Priority Notes Registration Rights Agreement • December 8th, 2009 • Berry Plastics Corp • Plastics products, nec • New York
This Second Priority Notes Registration Rights Agreement (this “Agreement”) is made and entered into as of December 3, 2009, by and among Berry Plastics Corporation, a Delaware corporation (the “Company”), certain subsidiaries of the Company listed on Annex A-1 of the Purchase Agreement (the “Guarantors”), Banc of America Securities LLC and Barclays Capital Inc. as representatives of the Initial Purchasers (collectively, the “Representatives”), each of whom has agreed to purchase, pursuant to the Purchase Agreement (as defined below), the 87/8% Second Priority Senior Secured Notes due 2014 (the “Initial Notes”) issued by the Issuers (as defined herein), which obligations are assumed by the Company on the date hereof. The Guarantors will fully and unconditionally guarantee (the “Initial Guarantees”), on a senior secured basis, the Company’s obligations under the Initial Notes. The Initial Notes and the Initial Guarantees are herein collectively referred to as the “Initial Securities.”
