W I T N E S S E T H :Consumers Us Inc • November 12th, 1997 • Glass containers • New York
Exhibit 10.38 SIXTH AMENDMENT TO LEASE AND SECOND AMENDMENT TO OPTION AGREEMENT THIS SIXTH AMENDMENT TO LEASE AND SECOND AMENDMENT TO OPTION AGREEMENT (the "Amendment") dated as of the 5th day of February, 1997 by and between Fountain Associates I,...Option Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • Florida
AGREEMENT AGREEMENT dated as of February 5, 1997, between The Travelers Indemnity Company and Its Affiliates including The Aetna Casualty and Surety Company and their predecessors ("Travelers/Aetna") and Anchor Glass Acquisition Corporation, a...Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
betweenSecurity Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
2 3 Citibank, N.A. New York, NY Account No. 4050-2339 ABA No. 021000089 Re: Anchor Glass Container 6/92 Operating Lease Attn: EFL/CBL Credit -- Joe Gallagher, V.P. (914) 899-7014Lease • November 12th, 1997 • Consumers Us Inc • Glass containers
WITNESSETH:Assignment and Assumption Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers
2 3 "Pledged Notes" shall mean all promissory notes issued from time to time to the Pledgor by the Company or any of the Company's Subsidiaries.Pledge Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
1 EXHIBIT 10.1 CREDIT AGREEMENTCredit Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
THIRD AMENDMENT TO LEASELease • November 12th, 1997 • Consumers Us Inc • Glass containers
RECITALSSupply Agreement • February 12th, 1998 • Consumers Us Inc • Glass containers
A N DManagement Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • Delaware
2- 3 earned by performance on the part of the Borrower or in connection with any other transaction), now in existence or hereafter occurring, including, without limitation, the right to receive the Proceeds of said purchase orders and contracts, and...Intercreditor Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
1 EXHIBIT 4.9 REGISTRATION RIGHTS AGREEMENT Dated as of April 17, 1997Registration Rights Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
2- 3 9. Section 16(b) of the Option Agreement is hereby amended and restated in its entirety so that said Section 16(b), as amended and restated shall read as follows:Option Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers
FIRST AMENDMENTFirst Amendment • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
WITNESSETH:Waiver Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
FOURTH AMENDMENTFourth Amendment • January 16th, 1998 • Consumers Us Inc • Glass containers • New York
SECOND AMENDMENTSecond Amendment • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
RELEASE AGREEMENTRelease Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers
WITNESSETH:Assignment and Assumption Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
1 Exhibit 10.43 WARRANT AGREEMENT WARRANT AGREEMENT (this "Agreement") dated as of February 5, 1997, Anchor Glass Acquisition Corporation, a corporation incorporated under the laws of the State of Delaware (with its successors, the "Company") and...Warrant Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
AGREEMENTAgreement • November 12th, 1997 • Consumers Us Inc • Glass containers • Florida
1 EXHIBIT 10.8 U.S. HOLDCO GUARANTY U.S. HOLDCO GUARANTY, dated as of February 5, 1997 (as amended, modified or supplemented from time to time, this "Guaranty"), made by CONSUMERS U.S., INC., a Delaware Corporation (the "Guarantor"). Except as...Consumers Us Inc • November 12th, 1997 • Glass containers • New York
2 3 products held for sale to Coors Brewing Company or its affiliates as of the date of the Acquisition and (ii) all molds and other tools exclusively associated with such products and acquired by New Anchor from the Seller in the Acquisition. The...Transition Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
FIRST AMENDMENT dated as of February 4, 1997 (this "Amendment"), to the Agreement dated as of December 18, 1996 (the "Vitro Agreement"; capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Vitro...First • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
1 EXHIBIT 10.29 INTERCOMPANY AGREEMENT This Intercompany Agreement (this "Agreement") is made and entered into as of this 17 day of April, 1997 by and among G & G INVESTMENTS, INC., a Delaware corporation ("G & G"), GLENSHAW GLASS COMPANY, a...Intercompany Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
2- 3 The Lease is hereby modified and amended to the extent necessary to provide that the Monthly Rental (as defined in the Lease) shall be increased by $25,373.40 for each of September, October, November, and December, 1996, and January, 1997.Amended and Restated Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • Florida
1 EXHIBIT 10.52 TWELFTH AMENDMENT AND WAIVER TWELFTH AMENDMENT AND WAIVER (this "Amendment"), dated as of January 28, 1999, among ANCHOR GLASS CONTAINER CORPORATION, f/k/a Anchor Glass Acquisition Corporation, a Delaware Corporation (the "Borrower"),...Amendment and Waiver • March 31st, 1999 • Consumers Us Inc • Glass containers • New York
AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
2- 3 39. Saving Provision.................................................... 31 40. Effectiveness of Lease.............................................. 31 41. Limited Partnership Landlord........................................ 31 42. Assignment of...Lease Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers
2 3 (v) The Pension Benefit Guaranty Corporation ("PBGC") shall not have instituted proceedings under Title IV of ERISA to terminate or appoint a trustee or receiver for any of the Seller Defined Benefit Plans (as defined in the Asset Purchase...Execution Copy • November 12th, 1997 • Consumers Us Inc • Glass containers • New York
Exhibit 10.26 TECHNICAL ASSISTANCE AND LICENSE AGREEMENT OWENS-BROCKWAY GLASS CONTAINER INC., a corporation organized and existing under the laws of the State of Delaware, with its principal office at One SeaGate, Toledo, Ohio 43666, hereinafter...Technical Assistance • February 12th, 1998 • Consumers Us Inc • Glass containers • Ohio
WITNESSETH:Strategic Supply Agreement • January 16th, 1998 • Consumers Us Inc • Glass containers • New York
1 Exhibit 2.5 Memorandum of Understanding Reference is made to the Asset Purchase Agreement dated December 18, 1996 between Anchor Glass Container Corporation ("Anchor"), Consumers Packaging Inc. ("Consumers") and Owens- Brockway Glass Container, Inc....Asset Purchase Agreement • November 12th, 1997 • Consumers Us Inc • Glass containers
WITNESSETH:Rebate Agreement • January 26th, 1998 • Consumers Us Inc • Glass containers • New York
