Amendment to Supply Agreement Between New Century Beverage Company and Constar International, Inc. (November 9, 2007)

Summary

This amendment updates Schedule C of the existing Supply Agreement between New Century Beverage Company and Constar International, Inc. for the purchase of PET containers. The amendment revises contract prices, including conversion and resin costs, and outlines updated pricing terms for various container sizes and weights. Both parties have agreed to the changes by signing the amendment. The updated terms are effective as of November 9, 2007, and remain subject to the original agreement's conditions.

EX-10.4D 3 dex104d.htm AMENDMENT DATED NOVEMBER 9, 2007 TO SUPPLY AGREEMENT Amendment dated November 9, 2007 to Supply Agreement

Exhibit 10.4d

November 9, 2007

Mr. Dan Ingram

Senior Vice President – Sales and Marketing

Constar International, Inc.

One Crown Way

Philadelphia, PA 19154

Re:

Schedule C [***] – [***]

Dear Dan:

As it relates to the [***] contained in Schedule C of the Contract Amendment dated November 13, 2006 between New Century Beverage Company and Constar International to purchase PET Containers, below is an updated Schedule C [***].

Please indicate your acceptance of the above by signing below and returning the enclosed original to my attention.

Sincerely,


Dianne Sutter

	By	/s/ Dianne Sutter
		Dianne Sutter Vice President – Plastic Bottles & Closures Date: November 12, 2007


Agreed and accepted Constar International, Inc.

Signature:		/s/ Walter S. Sobson
Name:		Walter S. Sobson
Title:		Executive Vice President and Chief Financial Officer
Date:		November 9, 2007

SCHEDULE C

Contract Prices for Containers

(Pricing Per One Thousand Containers)

Conversion Cost shall apply for all [***] and [***] over the term of this agreement.

Container Size and Gram Weight

[***]

[***]

[***]

[***]

Resin Cost

[***]

Conversion

[***]

Total

[***]

[***]

[***]

Resin Cost

[***]

Conversion

23.75

[***]

Total

43.73

[***]

Notes:

¹	Contract prices, based on gram weights indicated, are based on a resin cost of [***]. Resin price per pound is subject to change per the terms of the Supply Agreement.

²	The base conversion cost for [*] is []. The incremental cost for [] is [*].

³	The base conversion cost for [*] is []. The [] shall be [*].

⁴	Label application rates for [***].

⁵	An [*] will be [*].

⁶	[*] will be [*].

⁷	[*] will be [*].

⁸	[*] will be [*].

⁹	[*] will be[*]

¹⁰	[*] will be [*].

¹¹	[*] – A [] will be [**].