0001062993-08-003424 Sample Contracts

CONSENT, WAIVER AND AMENDMENT
Lock Up Agreement • August 1st, 2008 • Clearly Canadian Beverage Corp • Bottled & canned soft drinks & carbonated waters • New York

THIS CONSENT, WAIVER AND AMENDMENT AGREEMENT (this “Agreement”), dated as of July 31, 2008 is entered into by and among Clearly Canadian Beverage Corporation, a corporation organized under the laws of British Columbia, Canada (the “Company”), and the persons identified as “Holders” on the signature pages hereto (the “Holders”). Defined terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.

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