Exhibit 4.1 SUPPLEMENTAL INDENTURE (this "SUPPLEMENTAL INDENTURE"), dated as of March 31, 2000, among FRANKLIN PLASTICS HOLDINGS LLC (the "GUARANTEEING SUBSIDIARY"), a subsidiary of Consolidated Container Company LLC (the "COMPANY") and a Delaware...Supplemental Indenture • May 12th, 2000 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
Exhibit 10.1 ASSIGNMENT AND ASSUMPTION AGREEMENT Assignment and Assumption Agreement (the "Agreement"), dated as of March 31, 2000, between Consolidated Container Company LLC ("Seller") and Franklin Plastics Holdings LLC ("Buyer"). WHEREAS, upon the...Assignment and Assumption Agreement • May 12th, 2000 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
Exhibit 3.2 LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • May 12th, 2000 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
EXHIBIT 10.1 FIFTH AMENDMENT AND AGREEMENT TO THE CREDIT AGREEMENT AND FIRST AMENDMENT TO THE SECURITY AGREEMENT FIFTH AMENDMENT AND AGREEMENT TO THE CREDIT AGREEMENT AND FIRST AMENDMENT TO THE SECURITY AGREEMENT (this "Amendment"), dated as of...Credit Agreement • March 4th, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
PLEDGE AGREEMENTPledge Agreement • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
Exhibit 10.2 SUBSIDIARY ASSUMPTION AGREEMENT SUBSIDIARY ASSUMPTION AGREEMENT (this "Agreement") dated as of March 31, 2000, made by Franklin Plastics Holdings LLC, a Delaware limited liability company (the "New Guarantor"). Unless otherwise defined...Subsidiary Assumption Agreement • May 12th, 2000 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
Consolidated Container Company Suite 300 Atlanta, GA 30339 Tel: (678) 742-4602 Fax: (678) 742-4758Consolidated Container Co LLC • March 22nd, 2005 • Miscellaneous plastics products • Delaware
We are pleased to offer you severance compensation and benefits payable under certain circumstances described below. Please read this letter carefully. If you agree with its terms, please sign at the end of the letter to indicate your agreement, return one signed original to Louis Lettes, and keep one copy for your records.
CONSOLIDATED CONTAINER HOLDINGS LLCConsolidated Container • March 22nd, 2005 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
THIS AGREEMENT (the “Agreement”), which shall be effective as of the Award Date (defined in paragraph 1 below), is made and entered into by and between Consolidated Container Holdings LLC, a Delaware limited liability company (the “Company”), and the individual named in Exhibit A attached hereto (the “Participant”).
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED LIMITED LIABILITY AGREEMENT OF CONSOLIDATED CONTAINER HOLDINGS LLCLimited Liability Agreement • March 22nd, 2005 • Consolidated Container Co LLC • Miscellaneous plastics products
This Amendment No. 1 (this “Amendment”), dated as of December 8, 2004, to the Limited Liability Agreement (the “Agreement”) of Consolidated Container Holdings LLC (the “Company”), dated as of May 20, 2004, has been approved by the Company’s Management Committee, as provided by Sections 7.2(j) and 7.3 of the Agreement, and by the Members of the Company whose names are set forth on the signatures pages hereto. Capitalized terms used herein but not defined herein shall have the meanings given to them in the Agreement.
PARTICIPATION AGREEMENTParticipation Agreement • January 14th, 2003 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
This Participation Agreement (this "Participation Agreement") between FRANKLIN HOLDINGS, INC., a corporation organized under the laws of the State of Delaware ("you") and DEUTSCHE BANK TRUST COMPANY AMERICAS ("we" and "us"), dated as of January 10, 2003, sets forth (i) the procedure by which you are purchasing from us a participation in the extension of credit to the Borrower (as defined below) made by us and (ii) the terms that will apply to the Participation (as defined below) sold by us to you pursuant to this Agreement (as defined below). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement referred to below (after giving effect to the Final Seventh Amendment Effective Date (as defined in the Seventh Amendment and Agreement to the Credit Agreement and the Second Amendment to the Security Agreement, dated as of January 3, 2003)).
SEVENTH AMENDMENT AND AGREEMENT TO THE CREDIT AGREEMENT AND SECOND AMENDMENT TO THE SECURITY AGREEMENTCredit Agreement • January 14th, 2003 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
SEVENTH AMENDMENT AND AGREEMENT TO THE CREDIT AGREEMENT AND SECOND AMENDMENT TO THE SECURITY AGREEMENT (this "Amendment"), dated as of January 3, 2003, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company ("Holdings"), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the "Borrower"), the Banks party to the Credit Agreement referred to below (the "Banks"), DEUTSCHE BANK TRUST COMPANY AMERICAS (f/k/a Bankers Trust Company), as Administrative Agent (in such capacity, the "Administrative Agent") under the Credit Agreement and as Collateral Agent (in such capacity, the "Collateral Agent") under the Security Agreement, JPMORGAN CHASE BANK (successor by merger to Morgan Guaranty Trust Company of New York), as Documentation Agent (the "Documentation Agent"), and CREDIT SUISSE FIRST BOSTON (f/k/a Donaldson, Lufkin & Jenrette Securities Corporation), as Syndication Agent (the "Syndication Agent" and, together with the Administrative Agent and t
REGISTRATION RIGHTS AGREEMENT Dated as of May 20, 2004 By and Among CONSOLIDATED CONTAINER COMPANY LLC, CONSOLIDATED CONTAINER CAPITAL, INC., the GUARANTORS named herein and DEUTSCHE BANK SECURITIES INC. 10 3/4% Senior Secured Discount Notes due 2009Registration Rights Agreement • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
This Registration Rights Agreement (the “Agreement”) is dated as of May 20, 2004, by and among CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (“Company”), CONSOLIDATED CONTAINER CAPITAL, INC., a Delaware corporation (“Capital,” and together with the Company, the “Issuers”), the subsidiaries of the Company that are listed on the signature pages hereto (collectively, and together with any subsidiary that in the future executes a supplemental indenture pursuant to which such subsidiary agrees to guarantee the Notes (as hereinafter defined), the “Guarantors”), and Deutsche Bank Securities Inc. (the “Initial Purchaser”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CONSOLIDATED CONTAINER HOLDINGS LLCLimited Liability Company Agreement • March 9th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of CONSOLIDATED CONTAINER HOLDINGS LLC (the “Agreement”) is entered into as of May 20, 2004, by and among Franklin Holdings, Inc., a Delaware corporation (“Franklin Holdings”), Franklin Plastics, Inc., a Delaware corporation (“Franklin”), Reid Plastics Holdings, Inc., a Delaware corporation (“RPH”), Vestar Packaging LLC, a Delaware limited liability company (“Vestar Packaging”), Vestar CCH LLC (“Vestar CCH”), a Delaware limited liability company, Vestar CCH Preferred LLC, a Delaware limited liability company (“Vestar Refinancing”), Ronald Davis, William Bell and Richard Robinson, together with any Person who becomes a Member as provided herein.
JOINDER AGREEMENT TO LIMITED LIABILITY COMPANY AGREEMENTJoinder Agreement • May 3rd, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products
THIS JOINDER AGREEMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of CONSOLIDATED CONTAINER HOLDINGS LLC (this “Agreement”) is executed and delivered this day of 2006 by (“[NAME]”) and is effective as of the date hereof. All capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Amended and Restated Limited Liability Company Agreement of Consolidated Container Holdings LLC dated as of May 20, 2004, as amended, by and among the Members of the Company as defined therein (the “Operating Agreement”).
EMPLOYMENT AGREEMENT (Stephen E. Macadam)Employment Agreement • March 29th, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
EMPLOYMENT AGREEMENT (the “Agreement”) dated August 13, 2001 (the (“Effective Date”) by and between Consolidated Container Company LLC (the “Company”) and Stephen E. Macadam (the “Executive”).
PURCHASE AGREEMENTPurchase Agreement • November 13th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
This PURCHASE AGREEMENT (this “Agreement”), entered into on August 15, 2006, effective as of July 1, 2006 (the “Effective Date”), is by and between Dean Dairy Holdings, LLC and Suiza Dairy Group, LLC, each a Delaware limited liability company (collectively, “Purchaser”), and Consolidated Container Company LP, a Delaware limited partnership (“Seller”).
ContractConsolidated Container Co LLC • May 27th, 2004 • Miscellaneous plastics products • New York
THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THIS INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.07 OF THIS INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THIS INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THIS INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE ISSUERS.
CONSOLIDATED CONTAINER HOLDINGS LLC2006 Unit Option Agreement • March 9th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
THIS AGREEMENT (the “Agreement”), which shall be effective as of the Award Date (defined in paragraph 1 below), is made and entered into by and between Consolidated Container Holdings LLC, a Delaware limited liability company (the “Company”), and ____ (the “Participant”).
CONSOLIDATED CONTAINER COMPANY LLC CONSOLIDATED CONTAINER CAPITAL, INC. AND THE GUARANTORS 10¾% SENIOR SECURED DISCOUNT NOTES DUE 2009 INDENTURE Dated as of May 20, 2004 The Bank of New York TrusteeIndenture • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
INDENTURE, dated as of May 20, 2004, among Consolidated Container Company LLC, a Delaware limited liability company (the “Company”), Consolidated Container Capital, Inc., a Delaware corporation (“Capital,” and together with the Company, the “Issuers”), the Guarantors set forth on Schedule I hereto and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”).
JOINDER TO SETTLEMENT AGREEMENTSettlement Agreement • November 13th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
This Joinder to Settlement Agreement (“Joinder to Settlement Agreement”) is made on this August 25, 2006 (the “Effective Date”) by and among Consolidated Container Holdings LLC (“CCH”), a limited liability company organized and existing under the laws of the State of Delaware, Consolidated Container Company LLC (“CCC LLC”), a limited liability company organized and existing under the laws of the State of Delaware, Consolidated Container Company LP (“CCC LP”), a limited partnership organized and existing under the laws of the State of Delaware, and Dean Foods Company (“Dean Foods”), a corporation organized and existing under the laws of the State of Delaware.
ContractSupplemental Indenture • March 13th, 2007 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
SUPPLEMENTAL INDENTURE (this “SUPPLEMENTAL INDENTURE”), dated as of March 9, 2007, among Consolidated Container Company LLC, a Delaware limited liability company (the “COMPANY”), Consolidated Container Capital, Inc. (“CAPITAL,” and together with the Company, the “ISSUERS”), each of the Subsidiary Guarantors that is a party hereto (the “SUBSIDIARY GUARANTORS”) and The Bank of New York, a New York banking corporation, as trustee under the indenture referred to below (the “TRUSTEE”).
SETTLEMENT AGREEMENTSettlement Agreement • November 13th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
This Settlement Agreement (“Settlement Agreement”) is made this 22nd day of August 2006 (the “Effective Date”) by and among Consolidated Container Holdings LLC (“CCH”), a limited liability company organized and existing under the laws of the State of Delaware, Consolidated Container Company LP (“CCC”), a limited partnership organized and existing under the laws of the State of Delaware, and Dean Foods Company (“Dean Foods”), a corporation organized and existing under the laws of the State of Delaware.
MODIFICATION TO FOURTH CONSENTFourth Consent • March 29th, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products
MODIFICATION TO FOURTH CONSENT (this “Consent”), dated as of February 22, 2002, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the “Borrower”), the Banks party to the Credit Agreement referred to below (the “Banks”), BANKERS TRUST COMPANY, as Administrative Agent (the “Administrative Agent”), JPMORGAN CHASE BANK (successor by merger to Morgan Guaranty Trust Company of New York), as Documentation Agent (the “Documentation Agent”), and CREDIT SUISSE FIRST BOSTON (formerly known as Donaldson, Lufkin & Jenrette Securities Corporation), as Syndication Agent (the “Syndication Agent” and, together with the Administrative Agent and the Documentation Agent, the “Agents”). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.
CONSOLIDATED CONTAINER HOLDINGS LLC2004 Unit Option Agreement • March 9th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
THIS AGREEMENT (the “Agreement”), which shall be effective as of the Award Date (defined in paragraph 1 below), is made and entered into by and between Consolidated Container Holdings LLC, a Delaware limited liability company (the “Company”), and __________ (the “Participant”).
EMPLOYMENT AGREEMENT (Jeffrey M. Greene)Employment Agreement • March 9th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
EMPLOYMENT AGREEMENT (the “Agreement”) dated as of October 17, 2005 (the (“Effective Date”) by and between Consolidated Container Company LLC (the “Company”) and Jeffrey M. Greene (the “Executive”).
Consolidated Container Company LLC Consolidated Container Capital, Inc. $207,000,000 principal at maturityPurchase Agreement • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
Consolidated Container Company LLC, a Delaware limited liability company (the “Company”), Consolidated Container Capital, Inc., a Delaware corporation (“Capital” and together with the Company, the “Issuers”) and the subsidiary guarantors listed on the signature pages hereof (the “Guarantors”) hereby confirm their agreement with you (the “Initial Purchaser”), as set forth below.
SECURITY AGREEMENT among CONSOLIDATED CONTAINER HOLDINGS LLC, CONSOLIDATED CONTAINER COMPANY LLC, VARIOUS SUBSIDIARIES OF CONSOLIDATED CONTAINER COMPANY LLC and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent Dated as of May 20, 2004Security Agreement • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
SECURITY AGREEMENT, dated as of May 20, 2004 (as the same may be amended, restated, modified and/or supplemented from time to time in accordance with the terms hereof, this “Agreement”), among each of the undersigned assignors (each, an “Assignor” and, together with each other entity which becomes a party hereto pursuant to Section 10.13, collectively, the “Assignors”) in favor of Deutsche Bank Trust Company Americas, as collateral agent (together with any successor collateral agent, the “Collateral Agent”), for the benefit of the Secured Creditors (as defined below), acknowledged and agreed to by The Bank of New York, as trustee (together with any successor trustee, the “Senior Second Lien Notes Indenture Trustee”) for the Senior Second Lien Noteholders (as defined below). Except as otherwise defined in Article IX hereof, capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.
CONSOLIDATED CONTAINER HOLDINGS LLC2005 Unit Option Agreement • March 9th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • Delaware
THIS AGREEMENT (the “Agreement”), which shall be effective as of the Award Date (defined in paragraph 1 below), is made and entered into by and between Consolidated Container Holdings LLC, a Delaware limited liability company (the “Company”), and the individual named in Exhibit A attached hereto (the “Participant”).
EMPLOYMENT AGREEMENT (Tyler L. Woolson)Employment Agreement • May 15th, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
EMPLOYMENT AGREEMENT (the "Agreement") dated January 11, 2002 (the ("Effective Date") by and between Consolidated Container Company LLC (the "Company") and Tyler L. Woolson (the "Executive").
FOURTH CONSENTFourth Consent • March 29th, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products
FOURTH CONSENT (this “Consent”), dated as of February 8, 2002, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the “Borrower”), the Banks party to the Credit Agreement referred to below (the “Banks”), BANKERS TRUST COMPANY, as Administrative Agent (the “Administrative Agent”), JPMORGAN CHASE BANK (successor by merger to Morgan Guaranty Trust Company of New York), as Documentation Agent (the “Documentation Agent”), and CREDIT SUISSE FIRST BOSTON (formerly known as Donaldson, Lufkin & Jenrette Securities Corporation), as Syndication Agent (the “Syndication Agent” and, together with the Administrative Agent and the Documentation Agent, the “Agents”). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.
CREDIT AGREEMENT among CONSOLIDATED CONTAINER HOLDINGS LLC, CONSOLIDATED CONTAINER COMPANY LLC, VARIOUS BANKS, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as ADMINISTRATIVE AGENTCredit Agreement • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products
CREDIT AGREEMENT, dated as of May 20, 2004 among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the “Borrower”), the Banks party hereto from time to time and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (all capitalized terms used herein and defined in Section 11 are used herein as therein defined).
INITIAL C TERM LOAN COMMITMENT AGREEMENT DEUTSCHE BANK TRUST COMPANY AMERICAS 31 WEST 52ND STREET NEW YORK, NEW YORK 10019Consolidated Container Co LLC • January 14th, 2003 • Miscellaneous plastics products • New York
Reference is hereby made to the Credit Agreement, dated as of July 1, 1999 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among Consolidated Container Holdings LLC, Consolidated Container Company LLC (the "Borrower" or "you"), the financial institutions from time to time party thereto (the "Banks"), JPMorgan Chase Bank (successor by merger to Morgan Guaranty Trust Company of New York), as Documentation Agent, Credit Suisse First Boston (f/k/a Donaldson, Lufkin & Jenrette Securities Corporation), as Syndication Agent, and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as Administrative Agent (the "Administrative Agent"). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement (after giving effect to the Final Seventh Amendment Effective Date (as defined in the Seventh Amendment and Agreement to the Credit Agreement and the Second Amendment to the
FIRST AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • October 17th, 2006 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
FIRST AMENDMENT AND WAIVER TO CREDIT AGREEMENT (this “First Amendment”), dated as of October 13, 2006, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the “Borrower”), the Banks party hereto and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent. Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.
QuickLinks -- Click here to rapidly navigate through this documentCredit Agreement • December 31st, 2002 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
SIXTH AMENDMENT AND WAIVER (this "Amendment"), dated as of December 20, 2002, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company ("Holdings"), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the "Borrower"), the Banks party to the Credit Agreement referred to below (the "Banks"), DEUTSCHE BANK TRUST COMPANY AMERICAS, (f/k/a Bankers Trust Company), as Administrative Agent (the "Administrative Agent"), JPMORGAN CHASE BANK (successor by merger to Morgan Guaranty Trust Company of New York), as Documentation Agent (the "Documentation Agent"), and CREDIT SUISSE FIRST BOSTON (f/k/a Donaldson, Lufkin & Jenrette Securities Corporation), as Syndication Agent (the "Syndication Agent" and, together with the Administrative Agent and the Documentation Agent, the "Agents"). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred
SUBSIDIARY GUARANTYSubsidiary Guaranty • May 27th, 2004 • Consolidated Container Co LLC • Miscellaneous plastics products • New York
GUARANTY, dated as of May 20, 2004, made by each of the undersigned (each a “Guarantor” and collectively, the “Guarantors”). Except as otherwise defined herein, terms used herein and defined in the Credit Agreement (as hereinafter defined) shall be used herein as so defined.
