Agreement between TheCoca-Cola Company, Coca-Cola Refreshments USA, Inc. and Coca-Cola BottlingCo. Consolidated

Exhibit 10.1

Agreement between

The Coca-Cola Company,

Coca-Cola Refreshments USA, Inc.

and

Coca-Cola Bottling Co. Consolidated

Energy Brands, Inc., (“EBI”) a wholly-owned subsidiary of The Coca-Cola Company (“Company”), intends to terminate the Distribution Agreements by and between EBI and current distributor of Product in the Territory (collectively, the “Distribution Agreement”).

Coca-Cola Bottling Co. Consolidated (“Bottler”) is a party to Comprehensive Beverage Agreements (collectively, the “Comprehensive Beverage Agreements”) with Company and Coca-Cola Refreshments USA, Inc., a wholly-owned subsidiary of Company (“CCR”), including without limitation agreements dated October 30, 2015, January 29, 2016, April 1, 2016 and April 29, 2016, that authorize Bottler to market, promote, distribute and sell glaceau vitaminwater (including without limitation glaceau vitaminwater energy and glaceau vitaminwater zero), glaceau Smartwater and glaceau vitaminwater zero drops in certain geographic territories (the “Bottler’s CBA Territory”) that include the Territory (as defined below), on an exclusive basis subject to certain exceptions that include any contractual commitments with customers or distributors that Company was a party to at the time the parties executed the applicable Comprehensive Beverage Agreement.

Certain portions of the Territory are not located within Bottler’s CBA Territory but are located within territory (“Bottler’s Legacy Territory” and together with Bottler’s CBA Territory, “Bottler’s Territory”) where Bottler is authorized by Company to distribute Coca-Cola™ beverages under other bottling agreements.

Upon termination of the Distribution Agreement, Bottler will begin to market, promote, distribute and sell Products in the Territory. For purposes of this Agreement the following terms will have the respective meanings set forth below:

Product(s): (a) glaceau vitaminwater brand nutrient-enhanced beverages including without limitation glaceau vitaminwater energy and glaceau vitaminwater zero (“vitaminwater”); and (b) glaceau Smartwater brand electrolyte enhanced water (“smartwater”); each as set forth in Exhibit A attached hereto.

Territory: as set forth in Exhibit B attached hereto.

This agreement (this “Agreement”) is entered into this 29^th day of June, 2016, by Company, CCR and Bottler.

1

In consideration for the opportunity for Bottler to commence the marketing, promotion, distribution and sale of Products in the Territory as of January 1, 2017, Bottler has agreed to make a payment to Company (the “Termination Payment”) equal to a portion of the termination payment made by Company to current distributor under the Distribution Agreement applicable to the Territory as determined in accordance with Exhibit C attached hereto.

a. Company authorizes Bottler to market, promote, distribute and sell Products in the portions of the Territory located within Bottler’s Legacy Territory commencing on January 1, 2017 (assuming the prior termination of the Distribution Agreement).

b. Company and CCR acknowledge that effective January 1, 2017 (assuming the prior termination of the Distribution Agreement), the current distributor of Products will no longer be authorized to distribute Products in the portions of the Territory located within Bottler’s CBA Territory and that Bottler may commence the marketing, promotion, distribution and sale of Products (and any other glaceau beverage products authorized under the applicable Comprehensive Beverage Agreement) within such portion of Bottler’s CBA Territory on January 1, 2017 pursuant to the terms and conditions set forth in the applicable Comprehensive Beverage Agreement.

Bottler shall make payment of the Termination Payment to Company as set forth in Exhibit C attached hereto.

The Company authorization set forth in Section 3(a) of this Agreement shall be valid and effective as long as Bottler’s authorization to distribute Products in any other part of Bottler’s Legacy Territory remains in full force and effect.

Company and CCR represent and warrant to Bottler that: (i) upon the termination of the Distribution Agreement, neither Company nor any of its affiliates will be a party to any agreements or commitments (written or oral) that authorize a party (other than Bottler or its affiliates) to market, promote, distribute or sell any glaceau beverage products to customers or distributors in any portion of Bottler’s Territory and (ii) the Final Termination Payment (as defined on Exhibit C) amount has been determined in accordance with the terms of the Distribution Agreement.

2

The terms and conditions of this Agreement are acknowledged by the parties to be strictly confidential, and the parties agree not to share the contents hereof with any party without the express written consent of the other party; provided, however, such terms and conditions may be disclosed as required by applicable law or an order by a governmental authority or any requirements of a stock market or exchange or other regulatory body having competent jurisdiction.

Company and Bottler expressly reserve, and neither this Agreement nor the parties’ performance hereunder will waive or modify, any rights under applicable bottling or distribution agreements or any other agreement, including, without limitation, the Comprehensive Beverage Agreement or Energy Brands, Inc. Distribution Agreement, as amended (if applicable), except that Bottler specifically waives any provisions of any agreements between Company and/or Coca-Cola Refreshments USA, Inc. and Bottler, including, but not limited to, the Comprehensive Beverage Agreement and Energy Brands, Inc. Distribution Agreement that provide for favorable treatment (i.e. Most Favored Nations treatment) of Bottler as such provision may apply to this Agreement.

[Signature Page(s) to Follow.]

3

4

Exhibit A

Products

glaceau vitaminwater, 20 oz PET, all flavors

glaceau vitaminwater, 32 oz PET, all flavors

glaceau vitaminwater, 12 oz PET, all flavors

glaceau vitaminwater, 20 oz variety pack

glaceau Smartwater, brand electrolyte enhanced water, PET, all sizes

5

Exhibit B

Territory

The “Territory” means any geographic territory where EBI, Company or any affiliate of Company has authorized the current distributor of Products to distribute any glaceau beverage products (including without limitation the Products) within Bottler’s Territory, including without limitation the portions of the following territories within Bottler’s Territory:

6

Exhibit C

Termination Payment

Termination Payment shall be paid in full by the later of (i) January 31, 2017 and (ii) ten business days following receipt by Bottler of a document, certified by a senior officer of Company, as to the following: (A) the amount of the Final Termination Payment (as defined below), (B) the 24 Month Territory Product Volume (as defined below) and (C) the 24 Month Total Product Volume (as defined below), together with sales reports provided by the current distributor related thereto.

Termination Payment will be a volumetric allocation of Company’s final payment due to current distributor in the Territory (“Final Termination Payment”) based on a formulaic calculation for the 24 months immediately preceding commencement of Bottler’s distribution of Product in the Territory as follows:

7