RECITALSRights Agreement • July 1st, 1997 • Kerr Group Inc • Plastics products, nec
d. The Guarantor has funds available to it sufficient to purchase, or cause the purchase of, the Shares in accordance with the terms of the Merger Agreement and to pay, or cause to be paid, all amounts due (or which will, as a result of the...Kerr Group Inc • July 8th, 1997 • Plastics products, nec
To: Each Holder of 9.45% Series A Senior Notes due September 15, 2003 and Each Holder of 8.99% Series B Senior Notes due September 15, 1999 of Kerr Group, Inc. Date: September 25, 1995 Reference is hereby made to the several Note Agreements, dated as...Kerr Group Inc • November 14th, 1995 • Glass containers
RECITALSRights Agreement • July 8th, 1997 • Kerr Group Inc • Plastics products, nec • Delaware
RIGHTS AGREEMENT Kerr Group, Inc. andRights Agreement • July 8th, 1997 • Kerr Group Inc • Plastics products, nec • Delaware
REGISTRATION RIGHTS AGREEMENT by and among Berry Plastics Corporation (formerly Berry Plastics Holding Corporation), the subsidiaries of Berry Plastics Corporation parties hereto and Banc of America Securities LLC Goldman, Sachs & Co. Lehman Brothers...Registration Rights Agreement • April 22nd, 2008 • Kerr Group Inc • Plastics products, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of April 21, 2008, by and among Berry Plastics Corporation (formerly Berry Plastics Holding Corporation), a Delaware corporation (the “Company”), the subsidiaries of the Company listed on Schedule A hereto (collectively, the “Guarantors”) and Banc of America Securities LLC, Goldman, Sachs & Co. and Lehman Brothers Inc. (collectively, the “Initial Purchasers”), each of whom has agreed to purchase, pursuant to the Purchase Agreement (as defined below), the First Priority Senior Secured Floating Rate Notes due 2015 (the “Initial Notes”) issued by the Company. 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.”
2- 3 approval of the Employee, required to reside other than in the area of Lancaster, Pennsylvania in order to perform his duties for the Company; provided that the Employee, within 30 days after the occurrence of such an event, shall notify the...Employment Agreement • March 31st, 1997 • Kerr Group Inc • Plastics products, nec • Delaware
1 EXHIBIT 10.39 WAIVER AGREEMENT Waiver Agreement (this "Agreement"), dated as of February 24, 1997, by and among Kerr Group, Inc., a Delaware corporation (the "Company"); PNC Bank, National Association ("PNC"); Bear, Stearns Securities Corp. ("Bear,...Waiver Agreement • March 31st, 1997 • Kerr Group Inc • Plastics products, nec • New York
1 EXHIBIT 10.1 LOAN AND SECURITY AGREEMENT BY AND BETWEENLoan and Security Agreement • May 14th, 1997 • Kerr Group Inc • Plastics products, nec • New York
July 8, 1997 [KERR LOGO] Kerr Group, Inc. 500 New Holland Avenue Lancaster, PA 17602 To Our Stockholders: We are pleased to inform you that on July 1, 1997, Kerr Group, Inc. (the "Company") entered into an Agreement and Plan of Merger (the "Merger...Kerr Group Inc • July 8th, 1997 • Plastics products, nec
1 THIS WARRANT AND ANY SHARES ACQUIRED UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAW OF ANY STATE AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO...Kerr Group Inc • May 14th, 1997 • Plastics products, nec • New York
BERRY PLASTICS CORPORATION, as Issuer, and certain Note Guarantors First Priority Senior Secured Floating Rate Notes due 2015 INDENTURE Dated as of April 21, 2008 WELLS FARGO BANK, NATIONAL ASSOCIATION, as TrusteeIndenture • April 22nd, 2008 • Kerr Group Inc • Plastics products, nec • New York
INDENTURE dated as of April 21, 2008 among BERRY PLASTICS CORPORATION, a Delaware corporation (the “Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”), and the Note Guarantors (as defined herein).
1 EXHIBIT 10.3 REGISTRATION AGREEMENT THIS AGREEMENT is made as of April 18, 1997, by and among Kerr Group, Inc., a Delaware corporation (the "Company"), and Madeleine L.L.C., a New York limited liability company (the "Purchaser"), and each other...Registration Agreement • May 14th, 1997 • Kerr Group Inc • Plastics products, nec • New York
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 1997 • Kerr Group Inc • Plastics products, nec
ARTICLE I THE OPTION ----------Company Option Agreement • July 1st, 1997 • Kerr Group Inc • Plastics products, nec • Delaware
COLLATERAL AGREEMENT dated and effective as of April 21, 2008, among BERRY PLASTICS CORPORATION, each Subsidiary of the Company identified herein, and WELLS FARGO BANK, N.A., as Collateral AgentCollateral Agreement • April 22nd, 2008 • Kerr Group Inc • Plastics products, nec • New York
THIS COLLATERAL AGREEMENT IS SUBJECT TO THE PROVISIONS OF (1) THE SECOND AMENDED AND RESTATED SENIOR LENDER PRIORITY AND INTERCREDITOR AGREEMENT DATED AS OF FEBRUARY 5, 2008 AMONG BERRY PLASTICS GROUP, INC., THE COMPANY, CERTAIN OF ITS SUBSIDIARIES, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, AS TERM FACILITY ADMINISTRATIVE AGENT AND TERM FACILITY COLLATERAL AGENT, BANK OF AMERICA, N.A., AS REVOLVING FACILITY ADMINISTRATIVE AGENT AND REVOLVING FACILITY COLLATERAL AGENT, AND BANK OF AMERICA, N.A. AS BRIDGE LOAN ADMINISTRATIVE AGENT AND BRIDGE LOAN COLLATERAL AGENT, SUPPLEMENTED AS OF THE DATE HEREOF THROUGH THE EXECUTION AND DELIVERY OF A JOINDER AGREEMENT BY THE TERM FACILITY ADMINISTRATIVE AGENT, THE TERM LOAN COLLATERAL AGENT, THE REVOLVING FACILITY ADMINISTRATIVE AGENT, THE REVOLVING FACILITY COLLATERAL AGENT, THE COLLATERAL AGENT, THE TRUSTEE, THE COMPANY AND CERTAIN OF ITS SUBSIDIARIES AND BERRY PLASTICS GROUP, INC., (2) THE SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT DATED AS O
September 25, 1995Kerr Group Inc • November 14th, 1995 • Glass containers
EXHIBIT 10.2 2 WAIVER AGREEMENT2 Waiver Agreement • November 13th, 1996 • Kerr Group Inc • Plastics products, nec • New York
GUARANTEEKerr Group Inc • July 1st, 1997 • Plastics products, nec
Contact: Jim Kratochvil Executive Vice President, Chief Financial Officer, Treasurer & SecretaryKerr Group Inc • February 12th, 2009 • Plastics products, nec
2- 3 "(d) Within 180 days after the occurrence of any of the following events, the Employee may elect to terminate the obligations of the Employee under this Agreement, except as hereinafter provided, and the Company shall pay to the Employee, upon...Employment Agreement • March 31st, 1997 • Kerr Group Inc • Plastics products, nec
September 29, 1995Kerr Group Inc • November 14th, 1995 • Glass containers
AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 8th, 1997 • Kerr Group Inc • Plastics products, nec
ARTICLE I THE OPTIONCompany Option Agreement • July 8th, 1997 • Kerr Group Inc • Plastics products, nec • Delaware
