SECOND AMENDMENT TO COMPREHENSIVE BEVERAGE AGREEMENT
Exhibit 10.30
EXECUTION VERSION
SECOND AMENDMENT TO COMPREHENSIVE BEVERAGE AGREEMENT
This Second Amendment to Comprehensive Beverage Agreement (this “Amendment”) is entered into as of December 31, 2021, by and between The Coca-Cola Company, a Delaware corporation (“Company”), and CCBCC Operations, LLC, a Delaware limited liability company (“Bottler”) and wholly-owned subsidiary of Coca-Cola Consolidated, Inc., a Delaware corporation. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto in the CBA (as defined below).
RECITALS
WHEREAS, Company and Bottler (as successor to Piedmont Coca-Cola Bottling Partnership) are parties to that certain Comprehensive Beverage Agreement effective as of March 31, 2017 and as amended October 2, 2017 for certain territories in North Carolina and South Carolina (as further amended hereby and from time to time hereafter, the “CBA”); and
WHEREAS, Company and Bottler now wish to amend the CBA as set forth herein.
NOW, THEREFORE, in consideration of these promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1.Company and Bottler hereby amend Exhibit C (First-Line Territory) to the CBA by adding the territory set forth on Attachment A hereto to such Exhibit:
2.Company and Bottler hereby amend Schedule 2.32 (Permitted Beverage Products) to the CBA by inserting the following at the end of such schedule:
“J. Sun-Drop, but solely with respect to the geographic area located within the First-Line Territory acquired by Bottler from Coca-Cola Bottling Company of Washington, N.C., Incorporated (i.e., the Washington, North Carolina territory) in December 2021.”
3.Other than as expressly amended by this Amendment, the CBA will continue in effect in accordance with its terms.
4.This Amendment shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to principles of conflict of laws.
5.This Amendment may be signed in counterparts, which together shall constitute one agreement.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment by their duly authorized representatives as of the date first written above.
| THE COCA-COLA COMPANY | |||||||||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ | ||||||||||
| Authorized Representative | |||||||||||
| CCBCC OPERATIONS, LLC | |||||||||||
| By: | /s/ E. Beauregarde ▇▇▇▇▇▇ III | ||||||||||
| Authorized Representative | |||||||||||
ATTACHMENT A
ADDITIONAL FIRST-LINE TERRITORY
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▇▇▇▇▇▇▇▇▇
▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇:
Beginning at a point on the northeast boundary of ▇▇▇▇▇▇ County one (1) mile northwest of the Town of Wilmar in BEAUFORT County (Wilmar is included in this description);
thence in a northerly direction following along the western boundary of the Norfolk Southern Railroad to and including the Town of ▇▇▇▇▇▇▇ and continuing to the Town of Chocowinity (the Towns of ▇▇▇▇▇▇▇ and Chocowitiny are included in this description);
thence continuing along the Norfolk Southern Railroad in a northwesterly direction along the northeastern boundary of said railroad to the Town of Grimesland in PITT County (Grimesland is not included in this description); thence northwesterly in a straight line to a point one (1) mile ▇▇▇ ▇▇▇▇ of the Town of Pactolus in PITT County (Pactolus is included in this description); thence northwesterly in a straight line to a point on the Seaboard Coastline Railroad where it crosses Tranters Creek, one and one‑half (1 1/2) miles northwest of the Town of ▇▇▇▇▇▇ in ▇▇▇▇ County (▇▇▇▇▇▇ is included in this description);
thence northeast in a straight line to a point approximately one (1) mile north of the Locality known as Congleton in PITT County on the ▇▇▇▇-▇▇▇▇▇▇ County line (Congleton is included in this description); thence continuing northeastwardly in a straight line from said point to a point on the Seaboard Coastline Railroad which is approximately two (2) miles southeast of the Town of Williamston in ▇▇▇▇▇▇ County (Williamston is not included in this description); thence easterly along said railroad to the Town of Jamesville in ▇▇▇▇▇▇ County (Jamesville is not included in this description); thence continuing in a straight line to a point on the ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ County line;
thence continuing in a southwesterly direction along the MARTIN‑WASHINGTON County line to a point common to the Counties of ▇▇▇▇▇▇, WASHINGTON and BEAUFORT;
thence in a straight southerly line to a point one (1) mile east of the Town of Pinetown on the Norfolk Southern Railroad in BEAUFORT County (Pinetown is included in this description);
thence continuing in a straight line southwesterly to and including the Town of Walla Watta; thence continuing to a point two (2) miles southeast of the Town of ▇▇▇▇▇▇▇▇▇ on the Norfolk Southern Railroad (the Towns of Walla Watta and ▇▇▇▇▇▇▇▇▇ are included in this description; thence continuing in a southwesterly direction in a straight line to a point (1) mile east of the Town of Vanceboro in ▇▇▇▇▇▇ County (Vanceboro is not included in this description);
thence continuing in a straight line in a northwesterly direction to a point that intersects a straight line that is drawn from a point on the northern boundary line of ▇▇▇▇▇ County (approximately seven (7) miles southeast of the Town of Dover in ▇▇▇▇▇▇ County) to a point on the northeast boundary of ▇▇▇▇▇▇ County and the Norfolk Southern Railroad one (1) mile northwest of the Town of Wilmar in BEAUFORT County; thence continuing northeasterly along said line to the point of beginning.
| BOTTLER: | Coca-Cola Bottling Co. of Washington, NC, Inc. | ||||||||||
| Washington, North Carolina | |||||||||||
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