0001104659-05-063037 Sample Contracts

PepsiAmericas, Inc. Salaried 401(k) Plan
Custodial Agreement • December 29th, 2005 • Pepsiamericas Inc/Il/ • Bottled & canned soft drinks & carbonated waters

The following sections of this Article I provide basic definitions of terms used throughout the Plan, and whenever used herein in a capitalized form, except as otherwise expressly provided, the terms shall be deemed to have the following meanings:

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FIRST SUPPLEMENTAL INDENTURE DATED AS OF MAY 20, 1999 TO INDENTURE DATED AS OF JANUARY 15, 1993
Indenture • December 29th, 2005 • Pepsiamericas Inc/Il/ • Bottled & canned soft drinks & carbonated waters • Illinois

INDENTURE, dated as of the 15th day of January, 1993 between Whitman Corporation, a corporation incorporated under the laws of Delaware (the “Company”), and The First National Bank of Chicago, a national banking association organized and existing under the laws of the United States (the “Trustee”).

PepsiAmericas, Inc. Hourly 401(k) Plan (As Amended and Restated Effective January 1, 2005)
Adoption Agreement • December 29th, 2005 • Pepsiamericas Inc/Il/ • Bottled & canned soft drinks & carbonated waters

Whitman Corporation established the Whitman Corporation Master Retirement Savings Plan for the benefit of eligible employees of the Company and its participating affiliates. The Plan is intended to constitute a qualified profit sharing plan, as described in Section 401(a) of the Code, which includes a qualified cash or deferred arrangement, as described in Section 401(k) of the Code.

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