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Exhibit 10.2
August 22, 2016
VIA EMAIL ONLY
(Kent.Workman@ccbcc.com)
Mr. Kent Workman
CCBCC OPERATIONS, LLC
4100 Coca-Cola Plaza
Charlotte, NC 28211
| Re: | Distribution Agreement (the “Agreement”) dated March 26, 2015, as amended, between Monster Energy Company (“MEC”) and CCBCC Operations, LLC (“Distributor”). Any capitalized terms not otherwise defined herein shall have the same meaning given to such terms in the Agreement and all references to section numbers shall refer to the section numbers in the Agreement. |
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Dear Mr. Workman:
The purpose of this letter agreement (the “Amendment”) is to amend the Agreement, effective as of September 19, 2016 (the “Amendment Effective Date”), as follows:
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| 1. | The parties acknowledge and agree that, notwithstanding anything to the contrary in the Agreement, the provisions of subsection 3.y. shall not apply to any Mutant branded Products (“Mutant Products”). |
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| 2. | Section 8.b.(ii) of the Agreement is deleted in its entirety and replaced with the following: |
(ii) deliver Products to Distributor with at least (A) sixty (60) days of shelf life remaining at the time of delivery, in the case of Mutant Products, and (B) one hundred twenty (120) days of shelf life remaining at the time of delivery, in the case of all other Products.
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| 3. | Exhibit A to the Agreement is deleted in its entirety and replaced by Exhibit A attached to this Amendment. |
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| 4. | Exhibit D to the Agreement is deleted in its entirety and replaced by Exhibit D attached to this Amendment. |
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Distributor and MEC acknowledge and agree that (a) this Amendment shall only be effective as of the Amendment Effective Date and when executed by both MEC and Distributor, (b) the Agreement, as amended by this Amendment, shall continue in full force and effect in accordance with its terms, and (c) this Amendment is limited as specified herein and shall not constitute an amendment or waiver of
CCBCC OPERATIONS, LLC
any other provision of the Agreement. The following Sections of the Agreement are incorporated as if fully set forth herein: 22 (Amendment), 25 (Governing Law), 26 (Arbitration), and 38 (Further Assurances). This Amendment may be executed in any number of counterparts, each of which shall be an original but all of which, when taken together shall constitute one agreement.
Please acknowledge your acceptance of the terms of this Amendment by signing where indicated below. Please return an original copy to MEC for its files.
Sincerely,
MONSTER ENERGY COMPANY
/s/ Rodney Sacks
Rodney Sacks
Chairman and Chief Executive Officer
*****
Acknowledged and Agreed to:
CCBCC OPERATIONS, LLC
By: /s/ Lawrence K. Workman, Jr.
Print Name: Lawrence K. Workman, Jr.
Title: Vice President
2
CCBCC OPERATIONS, LLC
EXHIBIT A
Distribution Agreement
PRODUCT LIST
Monster Energy
Monster Energy
Lo-Carb Monster Energy
Monster Energy Assault
Juice Monster Khaos Energy + Juice
Juice Monster Ripper Energy + Juice
Juice Monster Pipeline Punch
Monster Energy Absolutely Zero
Punch Monster Baller's Blend
Punch Monster Mad Dog
Monster Energy Unleaded
Monster Energy Ultra
Monster Energy Zero Ultra
Monster Energy Ultra Blue
Monster Energy Ultra Red
Monster Energy Ultra Sunrise
Monster Energy Ultra Citron
Monster Energy Ultra Black
Monster Energy Extra Strength with Nitrous Technology
Monster Energy Extra Strength Nitrous Technology Anti Gravity
Monster Energy Extra Strength Nitrous Technology Super Dry
Monster Rehab
Monster Rehab Tea + Lemonade + Energy
Monster Rehab Tea + Orangeade + Energy
Monster Rehab Tea + Pink Lemonade + Energy
Monster Rehab Peach Tea + Energy
Monster Rehab Raspberry Tea + Energy
Monster Import
Monster Energy Import
Muscle Monster Energy Shake
Muscle Monster Energy Shake Chocolate
Muscle Monster Energy Shake Vanilla
Muscle Monster Energy Shake Coffee
Muscle Monster Energy Shake Strawberry
3
Distributor Initials: /s/ LKW
MEC Initials: /s/ RS
CCBCC OPERATIONS, LLC
Java Monster
Java Monster Kona Blend
Java Monster Loca Moca
Java Monster Mean Bean
Java Monster Vanilla Light
Java Monster Irish Blend
Java Monster Salted Caramel
Ubermonster
Ubermonster
Hydro
Hydro
ADDITIONAL BEVERAGE PRODUCTS PURSUANT TO SECTION 1(b) OF THE
AGREEMENT
Mutant
Mutant
Mutant Red Dawn
4
Distributor Initials: /s/ LKW
MEC Initials: /s/ RS
CCBCC OPERATIONS, LLC
EXHIBIT D
Distribution Agreement
THE TRADEMARKS
MONSTER ENERGY
M MONSTER ENERGY
UNLEASH THE BEAST!
MONSTER
ANTI GRAVITY
ASSAULT
IRISH BLEND
JAVA MONSTER
KHAOS
LOCA MOCA
LOCA MOCA JAVA MONSTER
LO-CARB MONSTER ENERGY
M IMPORT
M EXPORT
M3
MEAN BEAN
MONSTER ENERGY EXTRA
STRENGTH NITROUS
TECHNOLOGY
MONSTER KHAOS ENERGY + JUICE
MONSTER RIPPER
REHAB
MONSTER REHAB
REHAB THE BEAST!
RIPPER
UNLEASH THE NITRO BEAST!
MONSTER ENERGY ZERO ULTRA
UBERMONSTER
SIZE DOES MATTER!
JUICE MONSTER
MONSTER ENERGY ULTRA
ULTRA RED
ULTRA BLUE
ULTRA BLACK
ULTRA SUNRISE
ULTRA CITRON
PUNCH MONSTER
MUSCLE MONSTER
PUMP UP THE BEAST!
UNLEASH THE ULTRA BEAST!
MONSTER ENERGY UNLEADED
UNLEASH THE CAFFEINE FREE BEAST
COFFEE MONSTER
5
Distributor Initials: /s/ LKW
MEC Initials: /s/ RS
CCBCC OPERATIONS, LLC
MONSTER ENERGY ABSOLUTELY
ZERO
ABSOLUTELY GUARANTEED!
UNLEADED
MEGA MONSTER ENERGY
PIPELINE PUNCH
BALLER'S BLEND
BFC
VIVA LA REVOLUTION!
M-100
MONSTER ASSAULT
MONSTER PHANTOM
MONSTER GHOST
SUPER DRY
M MUTANT
MUTANT
6
Distributor Initials: /s/ LKW
MEC Initials: /s/ RS
