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