COLLATERAL AGREEMENT (FIRST LIEN) dated and effective as of August 30, 2013, among Crestview DS Merger Sub II, Inc. (to be merged on the Closing Date with and into DS WATERS OF AMERICA, INC.), EACH SUBSIDIARY OF DS WATERS OF AMERICA, INC. IDENTIFIED...Collateral Agreement • May 23rd, 2014 • DS Services of America, Inc. • Bottled & canned soft drinks & carbonated waters • New York
This COLLATERAL AGREEMENT (FIRST LIEN) dated and effective as of August 30, 2013 (as amended, renewed, extended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is among Crestview DS Merger Sub II, Inc., a Delaware corporation (to be merged on the Closing Date with and into DS WATERS OF AMERICA, INC., a Delaware corporation (the “Borrower”)), each subsidiary of the Borrower listed on Schedule I hereto and each such subsidiary that becomes a party hereto after the date hereof (each, a “Subsidiary Party”) and BARCLAYS BANK PLC (“Barclays”), as Collateral Agent for the benefit of the Secured Parties. Capitalized terms used but not defined in this preamble or the recitals have the meanings assigned to such terms in Section 1.02.
COLLATERAL AGREEMENT (SECOND LIEN) dated and effective as of August 30, 2013, among CRESTVIEW DS MERGER SUB II, INC. (to be merged on the Issue Date with and into DS WATERS OF AMERICA, INC.), EACH SUBSIDIARY OF DS WATERS OF AMERICA, INC. IDENTIFIED...Collateral Agreement • May 23rd, 2014 • DS Services of America, Inc. • Bottled & canned soft drinks & carbonated waters • New York
This COLLATERAL AGREEMENT (SECOND LIEN) dated and effective as of August 30, 2013 (as amended, renewed, extended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is among Crestview DS Merger Sub II, Inc., a Delaware corporation (to be merged on the Issue Date with and into DS WATERS OF AMERICA, INC., a Delaware corporation (the “Issuer”)), each subsidiary of the Issuer listed on Schedule I hereto and each such subsidiary that becomes a party hereto after the date hereof (each, a “Subsidiary Guarantor”) and Wilmington Trust, National Association, as Collateral Agent for the benefit of the Second-Priority Secured Parties. Capitalized terms used but not defined in this preamble or the recitals have the meanings assigned to such terms in Section 1.02.
STOCKHOLDERS AGREEMENT by and among DSW GROUP, INC. and THE STOCKHOLDERS NAMED HEREIN Dated: August 30, 2013Stockholders Agreement • May 23rd, 2014 • DS Services of America, Inc. • Bottled & canned soft drinks & carbonated waters • Delaware
STOCKHOLDERS AGREEMENT, dated as of August 30, 2013 (this “Agreement”), by and among DSW Group, Inc., a Delaware corporation (the “Company”), Crestview DSW Investors, L.P., a Delaware limited partnership (“Crestview”), CS NPS, L.P., a Delaware limited partnership (the “Co-Investor”), the other Stockholders set forth on the signature pages hereto and any other Person joined hereto from time to time as a Stockholder in accordance with the terms hereof. Capitalized terms used herein shall have the respective meanings set forth in Article I.
April 1, 2013DS Services of America, Inc. • May 23rd, 2014 • Bottled & canned soft drinks & carbonated waters
Reference is made to the severance letter between you and DS Waters of America, Inc. (“DS Waters”) dated December 14, 2005 (the “Prior Severance Letter”). This letter confirms the agreement of DS Waters to pay you a one-time severance payment and a retention bonus upon the following terms and conditions:
