Amendment to Can Supply Agreement between Rexam Beverage Can Americas and Coca-Cola Enterprises, Inc.

Summary

This amendment updates the existing Can Supply Agreement between Rexam Beverage Can Americas and Coca-Cola Enterprises, Inc. It clarifies how competitive offers and pricing to other customers will be evaluated for the remainder of the agreement's term. Specifically, no price adjustments will be made unless a competitor's offer or another customer's price is below a certain confidential threshold compared to Coca-Cola Enterprises' current price. Both parties have agreed to these revised terms by signing the amendment.

EX-10.28 7 dex1028.htm AMENDMENT TO CAN SUPPLY AGREEMENT Amendment to Can Supply Agreement

Exhibit 10.28

 

REXAM

BEVERAGE CAN

Americas

 

June 25, 2002

 

Mr. Ray Malone

Corporate Director

Packaging and Ingredients

Coca-Cola Enterprises, Inc.

P.O. Box 723040

Atlanta, GA 31139-0040

 

Dear Ray:

 

It is agreed, for the balance of the term of the Can Supply Agreement, dated January 1, 1999 (the “Agreement”), as amended by the June 25, 2002 Amendment to the Agreement (the “Amendment”), that for purposes of evaluating a competitive offer under Section 4(b) (upon the reinstatement of such provision as provided for in the Amendment) and/or for purposes of determining whether we are selling to another customer at a price lower than CCE’s price under Section 4(a) of the Agreement, as amended, no adjustments will be made unless the competitive offer or price we are selling to another customer is less than *** of the then current price being charged to Coca-Cola Enterprises, Inc.

 

Please indicate your agreement with the terms of this letter by signing below and returning this letter to me.

 

Sincerely,

/S/ P.J. Sullivan

Patrick Sullivan

Vice President, Sales

 

Agreed to and Accepted for and on behalf of

Coca-Cola Enterprises, Inc.

By:   /S/    Ray Malone        
    Ray Malone
Title:   Corporate Director of Procurement

 

***CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

     

REXAM BEVERAGE CAN COMPANY

8770 WEST BRYN MAWR AVENUE

SUITE 175

CHICAGO, ILLINOIS 60631-3655

USA

TEL: +1 ###-###-####