ContractSupplemental Indenture No. 5 • April 29th, 2008 • Constellation Brands, Inc. • Beverages
Contract Type FiledApril 29th, 2008 Company IndustrySUPPLEMENTAL INDENTURE NO. 5 (this “Supplement”), dated as of January 22, 2008 is entered into by and among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), BWE, INC., a Delaware corporation, ATLAS PEAK VINEYARDS, INC., a California corporation, BUENA VISTA WINERY, INC., a California corporation, CLOS DU BOIS WINES, INC., a California corporation, GARY FARRELL WINES, INC., a California corporation, PEAK WINES INTERNATIONAL, INC., a Delaware corporation, and PLANET 10 SPIRITS, LLC, a Delaware limited liability company (collectively, the “New Guarantors” and each individually, a “New Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A. (successor trustee to BNY Midwest Trust Company), as trustee (the “Trustee”).