REGISTRATION RIGHTS AGREEMENT by and among Berry Plastics Corporation and the Guarantors party hereto, and Banc of America Securities LLC as representative of the Initial Purchasers Dated as of April 30, 2010Registration Rights Agreement • May 4th, 2010 • Berry Plastics Corp • Plastics products, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of April 30, 2010, by and among Berry Plastics Corporation, a Delaware corporation (the “Company”), certain subsidiaries of the Company listed on Annex A-1 of the Purchase Agreement (the “Guarantors”), Banc of America Securities LLC, as representative of the Initial Purchasers (the “Representative”), has agreed to purchase, pursuant to the Purchase Agreement (as defined below), the 9 1/2% Second Priority Senior Secured Notes due 2018 (the “Initial Notes”) issued by the Company, which obligations are assumed by the Company on the date hereof. The Guarantors will fully and unconditionally guarantee (the “Initial Guarantees”), on a senior secured basis, the Company’s obligations under the Initial Notes. The Initial Notes and the Initial Guarantees are herein collectively referred to as the “Initial Securities.”
BERRY PLASTICS CORPORATION, as Issuer, and certain Guarantors 9½% Second Priority Senior Secured Notes due 2018 INDENTURE Dated as of April 30, 2010 U.S. BANK NATIONAL ASSOCIATION, as TrusteeIndenture • May 4th, 2010 • Berry Plastics Corp • Plastics products, nec • New York
INDENTURE dated as of April 30, 2010 among BERRY PLASTICS CORPORATION, a Delaware corporation (the “Issuer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”), and the Guarantors (as defined herein).
