MANAGEMENT SERVICES AND COMMERCIAL AGREEMENTManagement Services and Commercial Agreement • November 20th, 2008 • American Biltrite Inc • Plastics products, nec • Delaware
THIS MANAGEMENT SERVICES AND COMMERCIAL AGREEMENT (this “Agreement”) is dated as of [ ], 2009, by and between American Biltrite Inc., a Delaware corporation (“ABI”), and Congoleum Corporation, a Delaware corporation and as reorganized on and after the Effective Date of the Plan (as defined below) (“Congoleum”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code of the Futures Representative, the Debtors, the Official Asbestos Claimants’ Committee and the Official Committee of Bondholders for Congoleum Corporation, et al., dated as of November 14, 2008, as such plan may be amended from time to time (the “Plan”).
