Continental Can Co Inc /De/ – PROMISSORY NOTE (May 13th, 1998)Exhibit 10.1 PROMISSORY NOTE $20,000,000 Dallas, Texas April 27, 1998 FOR VALUE RECEIVED, the undersigned, Continental Can Company, Inc., a Delaware corporation ("Maker"), hereby unconditionally promises to pay to the order of Suiza Foods Corporation, a Delaware corporation ("Payee"), at 3811 Turtle Creek Boulevard, Suite 1300, Dallas Texas, 75205, or such other address in Dallas County, Texas, as may be given to Maker by Payee, the principal sum of TWENTY MILLION and No/100 Dollars ($20,000,000.00) or so much thereof as may be advanced by Payee to Maker hereunder, in lawful money of the United States of America, together with interest on the unpaid principal balance from day-to-day remaining, computed from the date of advance until maturity at the rate per annum which shall from day-to-day be equal to the lesser of (a) the Maximum Rate (hereinafter defined) or (b) 10% per annum, calculated on the basis of a year of 360 days, and for the a
Continental Can Co Inc /De/ – INVESTMENT CERTIFICATE TRANSFER AGREEMENT (March 25th, 1998)Exhibit 10.16 INVESTMENT CERTIFICATE TRANSFER AGREEMENT BY AND BETWEEN THE UNDERSIGNED CONTINENTAL CAN COMPANY, INC. An American Company Having its registered office at 301 Merritt 7 Corporate Park, P.O. BOX 5395 Norwalk, Connecticut 06856 Registered with the State of Delaware (USA) Of the First Part Hereinafter designated <> AND: 1 - CITICORP CAPITAL INVESTORS EUROPE LIMITED An American Company having its registered office at New Castle Corporate Commons Operations One Building, One Penn's Way, New Castle, Delaware (19720-USA) Registered with the State of Delaware (USA) Of the Second Part Hereinafter designated <> PREAMBLE 1./ The Transferee and the Transferor are shareholders or owners or
Continental Can Co Inc /De/ – EMPLOYMENT AGREEMENT (March 25th, 1998)Exhibit 10.17 EMPLOYMENT AGREEMENT This Agreement (this "Agreement") is made as of January 1, 1998, by and between Continental Can Company, Inc., a Delaware corporation (the "Company") and Abdo Yazgi (the "Employee"). A. Employee is, and for some time in the past has been, a valued Employee of the Company. B. The Company and Employee now wish to enter into this Agreement on the terms and conditions set forth hereafter, replacing any prior agreement of employment between the Company and Employee; For good and valuable consideration, including the mutual covenants herein, the parties hereto agree as follows: 1. EMPLOYMENT; CAPACITY, DUTIES. Employee shall serve Company in the position of Executive Vice President and shall have the duties and responsibilities incident to that position. During the term of this Agreement, Employee shall devote his full attention and best efforts to the performance of such duties