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 | 2002 |
Letter Agreement
Letter Agreement (13K)
Doc #201958: Click preview link for longer preview.
January 17, 2001
Mr. Michael Hoffman
Constar, Inc.
1 Crown Way
Philadelphia, PA 19154
Dear Mike:
This letter serves to confirm and set forth certain amendments to the Supply Agreement (the Agreement) dated January 1, 1998 between Constar, Inc., a Pennsylvania Corporation and a wholly-owned subsidiary of Crown Cork & Seal, Inc. (Seller) and New Century Beverage, a California corporation and wholly-owned subsidiary of PepsiCo, Inc. (PepsiCo).
Effective as of January 1, 2002, each of Supplier and PepsiCo agree to certain amendments to the Agreement as set forth below. Capitalized terms used herein that are not otherwise defined have the meaning set forth in the Agreement.
A.
The following provisions listed in this Section A below shall relate solely to the Buyers Dallas Cell 3 locations (as defined in Exhibit B to the Agreement, as amended) (Cell 3 Locations):
1.
Section 2 of the Agreement regarding the term of the agreement is hereby amended by deleting Exhibit BDallas Cell (3) in its entirety and replacing it with the language as set forth on Annex A attached hereto.
2.
Exhibit C of the Agreement (as referenced in Section 5(a) of the Agreement) regarding pricing is hereby amended by replacing the Cell 3 Locations pricing with the pricing set forth on Annex B attached hereto.
201958
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Constar Int'l
As referenced in this Letter Agreement:
constar international – 0 size=2>Confidential treatment has been requested by Constar International Inc. pursuant to Rule 406. All non-public information has been filed with the Securities
dt 5970
;
|
PepsiCo
As referenced in this Letter Agreement:
PepsiCo, Inc – and a wholly-owned subsidiary of Crown Cork & Seal, Inc. (Seller) and New Century Beverage, a California corporation and wholly-owned subsidiary of PepsiCo, Inc . (PepsiCo).
Effective as of January 1, 2002, each of Supplier and PepsiCo agree to certain amendments to the Agreement as set forth
_____________
PepsiCo, Inc – amended hereby shall remain in full force and effect for the duration of Terms listed above herein.
Acknowledged and Agreed
Acknowledged and Agreed
PepsiCo, Inc .
Constar, Inc.
By:
/s/ Cathleen A. Lesko
By:
/s/ Michael J. Hoffman
Name: Cathleen A. Lesko
Name: Michael J. Hoffman
Title: Grp.
_____________
dt 151324
;
Constar, Inc.;
New Century Beverage
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Faba Pet Bottle Supply Agreement
Faba Pet Bottle Supply Agreement (40K)
Doc #203108: Click preview link for longer preview.
FABA PET BOTTLE SUPPLY AGREEMENT
THIS IS A FABA PET BOTTLE SUPPLY AGREEMENT (the Agreement), dated as of , 2002, by and among Faba Sirma SPA, an indirect subsidiary of Crown (Supplier) and Constar Plastics of Italy S.r.l., an indirect subsidiary of Constar (Purchaser).
Background
Supplier will supply directly to the Constar Customers on Purchasers behalf and Purchaser will purchase from Supplier on the terms and conditions set forth herein, PET Bottles blown at Suppliers facility in Reggio Emilia, Italy (the Faba Facility).
Terms
NOW, THEREFORE, in consideration of the mutual covenants herein and intending to be legally bound hereby, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
1.1. Certain Definitions. Capitalized terms not defined in this Agreement shall have the meanings ascribed to them in the Corporate Agreement, dated as of the date hereof, between Crown and Constar. As used in this Agreement, the following terms shall have the respective meanings set forth below:
1.1.1. AAA has the meaning set forth in Section 7.4.
1.1.2. Affiliate of any Person means any Person, directly or indirectly, controlling, controlled by or under common control with such Person.
1.1.3. Agreement has the meaning set forth in the preamble to the Agreement.
1.1.4. Bankruptcy Event means with respect to any party, as applicable, (a) the making by such party of any assignment for the benefit of creditors of all or substantially all of its assets or the admission by such party in writing of inability to pay all or substantially all of its debts as they become due; (b) the adjudication of such party as bankrupt or insolvent or the filing by such party of a petition or application to any tribunal for the appointment of a trustee or receiver for such party or any substantial part of the assets of such party; or (c) the commencement of any voluntary or involuntary bankruptcy proceedings (and, with respect to involuntary bankruptcy proceedings, the failure to be discharged within 60 days), reorganization
proceedings or similar proceeding with respect to such party or the entry of an order appointing a trustee or receiver or approving a petition in any such proceeding.
1.1.5. Blow Molds has the meaning set forth in Section 5.1.
1.1.6. Business Day shall mean any day other than a Saturday, a Sunday or a day on which banks in Rome, Italy are authorized or obligated by law or executive order to not open or remain closed.
1.1.7. Constar means Constar International Inc., a Delaware corporation.
1.1.8. Constar Customers has the meaning set forth in Section 2.1.
1.1.9. Control, controlled by and under common control with, as applied to any Person, means the possession, directly or indirectly, of the power to direct the vote of a majority of the votes that may be cast in the election of directors (or other Persons acting in similar capacities) of such Person or otherwise to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities or by contract or otherwise.
1.1.10. Crown means Crown Cork & Seal Company, Inc., a Pennsylvania corporation.
1.1.11. Faba Facility has the meaning set forth in the Background section of this Agreement.
1.1.12. Force Majeure Event has the meaning set forth in Section 6.4.
1.1.13. Initial Term has the meaning set forth in Section 6.1.
1.1.14. Person means an individual, a corporation, a partnership, an association, a governmental entity, a trust or other entity or organization.
1.1.15. PET shall mean polyethylene terephthalate.
1.1.16. PET Bottles means all PET Bottles blown at the Faba Facility as of the Initial Public Offering Date, which types of PET Bottles are set forth, for the avoidance of doubt, on Schedule A hereto (the Existing PET Bottles). PET Bottles shall also include any other PET Bottles that are identified and mutually agreed upon by Supplier and Purchaser after the Initial Public Offering Date from time to time (the New PET Bottles).
1.1.17. Production Request has the meaning set forth in Section 2.1.
1.1.18. Purchaser has the meaning set forth in the preamble to this Agreement.
203108
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Constar Int'l
As referenced in this Faba Pet Bottle Supply Agreement:
constar international – or executive order to not open or remain closed.
1.1.7. Constar means Constar International Inc., a Delaware corporation.
1.1.8. Constar Customers has the meaning set forth
constar international – be sent pursuant to clause (b)), addressed as follows:
if to Purchaser, to:
10
Constar International Inc.
One Crown Way
Philadelphia, PA 19154-4599
Attention:
Facsimile:
if to Supplier, to:
&
dt 6058
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| Faba Sirma SpA;
Constar Plastics of Italy S.R.L.
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| 2002 |
Supply Agreement
Supply Agreement (50K)
Doc #201921: Click preview link for longer preview.
SUPPLY AGREEMENT
This Agreement is made as of the 17th day of October, 2002 between Constar, a Pennsylvania corporation and a division of Crown Cork & Seal, having an office at One Crown Way, Philadelphia, PA 19154 (Seller), and New Century Beverage Company (NCB), a California corporation, and a subsidiary of PepsiCo Inc., having an office at One Pepsi Way, Somers, NY 10589 (Buyer).
WHEREAS, Buyer is a manufacturer and seller of various beverages and wishes to purchase non-refillable polyethylene terephthalate (PET) containers in which to package such beverages for sale to the public.
WHEREAS, Seller is a manufacturer and seller of non-refillable PET containers and wishes to sell same to Buyer.
NOW, THEREFORE, in consideration of the foregoing premises and the covenants contained herein, the parties hereto agree as follows:
1. DEFINITIONS
1.1 The following are the Schedules that are attached to and form part of this Agreement:
Schedule A
Container Specifications
Schedule B1
Base Volume Forecast
Schedule B2
Seller Source Locations and Buyer Filling Locations
Schedule C
Contract Prices for Containers, Labels and Label Application
Schedule D
Examples of Determining Price Change Due to Change in Resin Pricing
Schedule E
Secondary Packaging Information
Schedule F
[***] Calculations
Schedule G
Sellers [***]
1.2 As used in this Agreement, the following terms shall have the following meanings:
(a) Container shall mean any of 12 oz., 16 oz., 16.9 oz., 20 oz., 24 oz., 1 liter, 2 liter, or 3 liter and other size PET beverage containers. All Containers shall meet the specifications referenced in Schedule A annexed hereto, as may be amended from time to time.
[***] Confidential treatment requested
Page 3 of 27
(b) Conversion Costs shall mean those costs other than resin as outlined in Schedule C and as adjusted pursuant to Schedule 8.2 hereof.
(c) Contract Year shall mean each 12-month period commencing January 1 and ending on the following December 31 during the term of the Agreement.
(d) Period shall mean any one of 13 four-week periods during a calendar year as defined by Buyer.
2. TERM
2.1 This Agreement shall be effective as of January 1, 2003 and shall remain in effect until the close of business on December 31, 2007 (the Term), unless terminated earlier in accordance with the provisions of Section 18 hereof.
3. COVENANT TO SUPPLY AND PURCHASE CONTAINERS
3.1 Seller agrees to manufacture and sell to Buyer, and Buyer agrees to purchase from Seller, Containers which conform to the Container specifications and performance standards attached hereto as Schedule A (the Container Specifications) at the Contract Price (as hereinafter defined) and upon the terms and conditions contained in this Agreement.
3.2
(a) For any new product, package changes, or package introductions considered or planned by Buyer, the parties shall discuss timing, estimated volume and cost to determine the feasibility of Seller supplying beverage Containers for such new products or packages or whether such Containers should be imported until such time as it may be economically viable for Seller to supply same. Seller shall, within the period of 30 days next following the close of such discussions, communicate to Buyer its desire and ability to supply such Containers upon mutually acceptable terms and conditions.
(b) Should Buyer and Seller not agree on terms to supply Containers for new product, package changes, or package introductions, Buyer shall have the right to source such Containers from alternate sources. Any Containers sourced from an alternative source as permitted herein will be credited against the Annual Forecast (as hereinafter defined) or Revised Forecast (as hereinafter defined) requirements contained therein.
(c) Seller will be responsible for procurement of all blow and injection molds (both generic and proprietary), applicable mold parts (i.e., carrier, base, etc.) and mold machine parts to accommodate Buyers existing volume of current Containers, new non-carbonated Containers, and future growth of same. All blow and injection molds, parts, and related machine parts shall be depreciated over five (5) years or less. Seller shall promptly advise Buyer by written notice when buying new molds or making significant refurbishment of existing molds. [***] the un-amortized portion of obsolete molds required for a change from an existing container design to a new design when current molds for that design have not been fully amortized and when the new design is to
[***] Confidential treatment requested
Page 4 of 27
be utilized for an existing brand with no projected incremental volume above the volumes stated in Schedule B1.
(d) Buyer also agrees to consider Seller as its major supplier of Caribbean preforms, provided that Seller is competitive on quality and cost and has a commercially viable product.
4. QUANTITY
4.1 For 2003 only, Buyer shall purchase from Seller, and Seller shall sell to Buyer, 100% of the Containers required by Buyer for the sale of carbonated soft drink, non-carbonated beverages, or bottled water products in the locations outlined in Schedule B2. In subsequent years, Buyer shall supply an Annual Forecast to Seller as outlined in Section 5.2. Buyer agrees that its Annual Forecasts will contain volume requirements [***].
4.2 Beyond the 2003 calendar year, Buyer shall have the right to change Buyer filling locations within each cell from time to time during the Term, provided the Buyers forecasted volumes by cell will be at least equal to the [***], and the minimum volume of Containers actually purchased will be at least [***], as long as Sellers quality and service conforms to provisions referenced in Section 13 and Buyers overall system growth supports such. Buyer shall also have the right to add additional filling locations to this Agreement.
4.3 Buyer agrees that an additional [***] Containers will be awarded to Constar Newark in [***] however this volume is not included in the Newark base volume forecast (Schedule B1) and shall not be included for future year commitments. Buyer filling locations and packages for this incremental [***] Containers shall be finalized in the T1 2003 Annual Forecast.
5. FORECAST AND INVENTORY REQUIREMENTS
5.1 Preceding each Contract Year, Buyer shall use its best efforts to estimate the anticipated requirements for each size Container during the next Contract Year and report those estimates as they become available, particularly in September, October and November to facilitate additional capital equipment decisions by Seller.
5.2 On an annual basis, no later than December 15 of each year of the Term, Buyer shall advise Seller of its best estimate of the quantity of Containers required, by period and by location, during the next calendar year (or remainder thereof) of the Term (the Annual Forecast).
5.3 In addition to the Annual Forecast, Buyer shall provide Seller with two forecast adjustments (Revised Forecast) of its requirements by size, revised on or about the close of periods three and eight.
5.4 Seller shall have available for sale to Buyer a minimum of [***] of (i) the 2003 Volume as set forth on Schedule B1, (ii) the Annual Forecast or (iii) Revised Forecast, as the case may be. Seller shall use its best efforts to supply any amounts in excess of [***] of the Annual Forecast
201921
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Constar Int'l
As referenced in this Supply Agreement:
constar, international
– which case the notice shall be sent to such changed address:
Seller:
Constar, International
Attn: President
One Crown Way
dt 5944
;
| Constar Inc.;
New Century Beverage Company
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| 2002 |
Supply Agreement
Supply Agreement (42K)
Doc #201957: Click preview link for longer preview.
Constar
SUPPLY AGREEMENT
This Supply Agreement (hereinafter Agreement) is made and entered into as of the 1st day of January, 1998 by and between, Constar, Inc., a Pennsylvania corporation and a wholly owned subsidiary of Crown Cork and Seal Company, Inc., with offices at One Crown Way, Philadelphia, PA, 19154 (hereinafter Seller), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc. with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter Buyer).
WHEREAS, Buyer desires to purchase polyethylene terephthalate (PET) beverage containers from Seller; and
WHEREAS, Seller wishes to sell PET beverage containers to Buyer, subject to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the foregoing premises and the covenants contained herein, the parties hereto agree as follows:
1. DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
Contract Year shall mean each twelve month period commencing on January 1, 1998, and ending on the following December 31 during the Term of the Agreement.
Container shall mean a 12 oz., 16 oz., 20 oz., 24 oz., 32 oz., or 64 oz. Allsport or 1-liter, 2-liter, or 3 liter plastic container and other size plastic containers as may be supplied hereunder and manufactured in accordance with the specifications and qualifications referenced in Exhibit A annexed hereto, or any revised designs, specifications and qualifications developed by the Buyer during the Term.
Conversion Costs shall mean the total cost of manufacturing Containers, except for the cost of PET prime resin and labeling, but including direct labor, direct materials other than resin, utilities, rental expense and depreciation.
2. TERM
This Agreement shall be effective as of the date set forth above, and shall remain in effect until the close of business on the respective dates set forth in Exhibit B with respect to each cell, also as described in Exhibit B, unless terminated earlier in accordance with provisions of Paragraph 17 hereof.
3. SALE AND PURCHASE
Commencing on January 1, 1998, Seller agrees to sell and the Buyer agrees to purchase the annual quantities of Containers listed for the existing or replacement locations as described in Exhibit B for the timeframes specified. For the calendar year 1998, the total Container forecast to be supplied by Seller is 1.96 billion plastic Containers. During the terms listed in Exhibit B for each of the cells, Buyer will not reduce the [***] in any future years below the [***] level.
Plastic Containers required for locations acquired by Buyer subsequent to the execution of this agreement are not included in this agreement.
On or before December 1, preceding each Contract Year, Buyer will provide Seller with its forecast of the anticipated requirements for each size of Container during the next Contract Year. Buyers current forecast for the first year of the term are set forth in the Exhibit B attached. Buyer agrees to buy at least [***] of the forecasted amounts listed in Exhibit B, and Seller guarantees to supply up to [***] of the forecasted units if requested by Buyer. Any incremental capital to support Buyers annual requirements above the capacity installed in support of the 1999 requirements, will be evaluated by both parties prior to spending and approved by a letter amendment to this Agreement. Notwithstanding anything in this agreement to the contrary, should Buyer and Seller not agree on any incremental capital to support Buyers requirements above the anticipated 1999 Container forecast, Buyer shall have the right to source such additional Container volume elsewhere at Buyers expense and Seller shall have no further obligation or liability to Buyer with respect to such Containers.
It is anticipated that the Seller will supply Containers from the manufacturing facilities specified in Exhibit B to the filling locations specified in Exhibit B, however, all Containers purchased by the Buyer in a particular cell during the Term, regardless of the place of manufacture or place of delivery, shall be credited towards the volume targets for that particular cell set forth in Exhibit B. Any changes in Sellers supply points of origin to Buyers filling locations as listed in Exhibit B will be by mutual agreement of both parties.
In the event Seller is unable to supply all or part of [***] of the current calendar year forecast of Buyers volume requirement of Containers, unless caused by force majeure or caused by a new design Container Buyer requests Seller to manufacture during the calendar year without proper notice, Buyer may secure an alternative source for Containers, and any additional costs including, but not limited to, conversion, freight, resin and labels for Containers secured from such other source will be charged to Seller, not to exceed [***] of the current Contract Price and the quantity of Containers secured from other source will be credited against the annual quantity set forth in Exhibit B. The parties will use their best efforts to minimize the volume and duration of any such shortfall, and any [***] necessary to cover such shortfall.
201957
|
Constar Int'l
As referenced in this Supply Agreement:
constar international – t has been requested by Constar International Inc. pursuant to Rule 406. All non-public information has been filed with the Securities
constar international, – assume and be bound by all of the rights and obligations of this agreement.
CONSTAR INTERNATIONAL, INC.
New Century Beverage
By:
/s/
dt 5969
;
|
PepsiCo
As referenced in this Supply Agreement:
PepsiCo, Inc – at One Crown Way, Philadelphia, PA, 19154 (hereinafter Seller), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc . with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter Buyer).
WHEREAS, Buyer desires to purchase polyethylene terephthalate (PET)
_____________
dt 151323
;
Constar, Inc.;
New Century Beverage
|
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| 2002 |
Supply Agreement
Supply Agreement (29K)
Doc #203110: Click preview link for longer preview.
Constar
SUPPLY AGREEMENT
This Supply Agreement (hereinafter Agreement) is made and entered into as of the 1st day of January, 1998 by and between, Constar, Inc., a Pennsylvania corporation and a wholly owned subsidiary of Crown Cork and Seal Company, Inc., with offices at One Crown Way, Philadelphia, PA, 19154 (hereinafter Seller), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc. with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter Buyer).
WHEREAS, Buyer desires to purchase polyethylene terephthalate (PET) beverage containers from Seller; and
WHEREAS, Seller wishes to sell PET beverage containers to Buyer, subject to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the foregoing premises and the covenants contained herein, the parties hereto agree as follows:
1. DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
Contract Year shall mean each twelve month period commencing on January 1, 1998, and ending on the following December 31 during the Term of the Agreement.
Container shall mean a [***] plastic container and other size plastic containers as may be supplied hereunder and manufactured in accordance with the specifications and qualifications referenced in Exhibit A annexed hereto, or any revised designs, specifications and qualifications developed by the Buyer during the Term.
Conversion Costs shall mean the total cost of manufacturing Containers, except for the cost of PET prime resin and labeling, but including direct labor, direct materials other than resin, utilities, rental expense and depreciation.
[***] Confidential treatment requested
2. TERM
This Agreement shall be effective as of the date set forth above, and shall remain in effect until the close of business on the respective dates set forth in Exhibit B with respect to each cell, also as described in Exhibit B, unless terminated earlier in accordance with provisions of Paragraph 17 hereof.
3. SALE AND PURCHASE
Commencing on January 1, 1998, Seller agrees to sell and the Buyer agrees to purchase the annual quantities of Containers listed for the existing or replacement locations as described in Exhibit B for the timeframes specified. For the calendar year 1998, the total Container forecast to be supplied by Seller is 1.96 billion plastic Containers. During the terms listed in Exhibit B for each of the cells, [***]
Plastic Containers required for locations acquired by Buyer subsequent to the execution of this agreement are not included in this agreement.
On or before December 1, preceding each Contract Year, Buyer will provide Seller with its forecast of the anticipated requirements for each size of Container during the next Contract Year. Buyers current forecast for the first year of the term are set forth in the Exhibit B attached. Buyer agrees to buy at least [***] of the forecasted amounts listed in Exhibit B, and Seller guarantees to supply up to [***] of the forecasted units if requested by Buyer. Any incremental capital to support Buyers annual requirements above the capacity installed in support of the 1999 requirements, will be evaluated by both parties prior to spending and approved by a letter amendment to this Agreement. Notwithstanding anything in this agreement to the contrary, should Buyer and Seller not agree on any incremental capital to support Buyers requirements above the anticipated 1999 Container forecast, Buyer shall have the right to source such additional Container volume elsewhere at Buyers expense and Seller shall have no further obligation or liability to Buyer with respect to such Containers.
It is anticipated that the Seller will supply Containers from the manufacturing facilities specified in Exhibit B to the filling locations specified in Exhibit B, however, all Containers purchased by the Buyer in a particular cell during the Term, regardless of the place of manufacture or place of delivery, shall be credited towards the volume targets for that particular cell set forth in Exhibit B. Any changes in Sellers supply points of origin to Buyers filling locations as listed in Exhibit B will be by mutual agreement of both parties.
In the event Seller is unable to supply all or part of [***] of the current calendar year forecast of Buyers volume requirement of Containers, unless caused by force majeure or caused by a new design Container Buyer requests Seller to manufacture during the calendar year without proper notice, Buyer may secure an alternative source for Containers, and any additional costs including, but not limited to, conversion, freight, resin and labels for Containers secured from such other source will be charged to Seller, not to exceed [***] of the current Contract Price and the quantity of Containers secured from other source will be credited against the annual quantity set forth in Exhibit B. The parties will use their best efforts to minimize the volume and duration of any such shortfall, [***]
203110
|
Constar Int'l
As referenced in this Supply Agreement:
constar international, – assume and be bound by all of the rights and obligations of this agreement.
CONSTAR INTERNATIONAL, INC.
New Century Beverage
By:
/s/
dt 6060
;
| New Century Beverage
|
| Preview
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| 2002 |
Supply Agreement
Supply Agreement (51K)
Doc #1750964: Click preview link for longer preview.
Constar
- and -
New Century Beverage Company
SUPPLY AGREEMENT
January 1, 2003 - December 31, 2007
TABLE OF CONTENTS
Paragraph/
Section
Page
1
Definitions
3
2
Term
4
3
Covenant to Supply and Purchase Containers
4
4
Quantity
5
5
. . .
1750964
|
Constar Int'l
As referenced in this Supply Agreement:
Constar International – Supply Agreement
EX-10.15 12 dex1015.htm SUPPLY AGREEMENT
Confidential Treatment has been requested by Constar International Inc. pursuant to Rule 406. All non-public information has been filed with the Securities and Exchange Commission.
EXHIBIT 10.15
Constar
- and -
New Century Beverage Company
SUPPLY AGREEMENT
January
_____________
Constar, International
– party to be notified, unless such party has previously notified the other of a change of address, in which case the notice shall be sent to such changed address:
Seller:
Constar, International
Attn: President
One Crown Way
Philadelphia, PA 19154
Telephone: 215-698-5089
Facsimile:
Page 17 of 27
Buyer:
New Century Beverage Company
Attn:
One Pepsi Way
Somers, NY 10589-
_____________
dt 1533064
;
|
PepsiCo
As referenced in this Supply Agreement:
PepsiCo Inc – division of Crown Cork & Seal, having an office at One Crown Way, Philadelphia, PA 19154 (Seller), and New Century Beverage Company (NCB), a California corporation, and a subsidiary of PepsiCo Inc ., having an office at One Pepsi Way, Somers, NY 10589 (Buyer).
WHEREAS, Buyer is a manufacturer and seller of various beverages and wishes to purchase non-refillable polyethylene terephthalate (
_____________
dt 1335399
|
| Preview
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| 2002 |
Supply Agreement
Supply Agreement (51K)
Doc #1750997: Click preview link for longer preview.
Constar
- and -
New Century Beverage Company
SUPPLY AGREEMENT
January 1, 2003 - December 31, 2007
TABLE OF CONTENTS
Paragraph/
Section
Page
1
Definitions
3
2
Term
4
3
Covenant to Supply and Purchase Containers
4
4
Quantity
5
5
. . .
1750997
|
Constar Int'l
As referenced in this Supply Agreement:
Constar, International
– party to be notified, unless such party has previously notified the other of a change of address, in which case the notice shall be sent to such changed address:
Seller:
Constar, International
Attn: President
One Crown Way
Philadelphia, PA 19154
Telephone: 215-698-5089
Facsimile:
Page 17 of 27
Buyer:
New Century Beverage Company
Attn:
One Pepsi Way
Somers, NY 10589-
_____________
dt 1627157
;
|
PepsiCo
As referenced in this Supply Agreement:
PepsiCo Inc – division of Crown Cork & Seal, having an office at One Crown Way, Philadelphia, PA 19154 (Seller), and New Century Beverage Company (NCB), a California corporation, and a subsidiary of PepsiCo Inc ., having an office at One Pepsi Way, Somers, NY 10589 (Buyer).
WHEREAS, Buyer is a manufacturer and seller of various beverages and wishes to purchase non-refillable polyethylene terephthalate (
_____________
dt 1641805
|
| Preview
Full Doc
| 2002 |
Supply Agreement
Supply Agreement (42K)
Doc #1751048: Click preview link for longer preview.
Constar
SUPPLY AGREEMENT
This Supply Agreement (hereinafter �Agreement�) is made and entered into as of the 1st day of January, 1998 by and between, Constar, Inc., a Pennsylvania corporation and a wholly owned subsidiary of Crown Cork and Seal Company, Inc., with offices at One Crown Way, Philadelphia, PA, 19154 (hereinafter �Seller�), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc. with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter �Buyer�).
WHEREAS, Buyer desires to . . .
1751048
|
Constar Int'l
As referenced in this Supply Agreement:
Constar International – R.R. Donnelley Financial -- Constar, Inc and New Century Beverage Agreement
EX-10.15 13 dex1015.htm CONSTAR, INC AND NEW CENTURY BEVERAGE AGREEMENT
Confidential treatment has been requested by Constar International Inc. pursuant to Rule 406. All non-public information has been filed with the Securities and Exchange Commission.
Exhibit 10.15
Constar
SUPPLY AGREEMENT
This Supply Agreement (hereinafter Agreement) is
_____________
CONSTAR INTERNATIONAL, – this Agreement assigning or transferring said business or assets shall cause the assignee or transferee to assume and be bound by all of the rights and obligations of this agreement.
CONSTAR INTERNATIONAL, INC.
New Century Beverage
By:
/s/ FRANK J. MECHURA
By:
President
Sr. Vice President
Supplier Development
11
EXHIBITS
A-
Qualifications and Specifications
B-
Cells, Locations, Timeframes and Volumes
C-
_____________
dt 1681900
;
|
PepsiCo
As referenced in this Supply Agreement:
PepsiCo, Inc – Cork and Seal Company, Inc., with offices at One Crown Way, Philadelphia, PA, 19154 (hereinafter Seller), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc . with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter Buyer).
WHEREAS, Buyer desires to purchase polyethylene terephthalate (PET) beverage containers from Seller; and
WHEREAS, Seller
_____________
dt 1641806
|
| Preview
Full Doc
| 2002 |
Supply Agreement
Supply Agreement (51K)
Doc #1788057: Click preview link for longer preview.
Constar
- and -
New Century Beverage Company
SUPPLY AGREEMENT
January 1, 2003 - December 31, 2007
TABLE OF CONTENTS
Paragraph/
Section
Page
1
Definitions
3
2
Term
4
3
Covenant to Supply and Purchase Containers
4
4
Quantity
5
5
. . .
1788057
|
Constar Int'l
As referenced in this Supply Agreement:
Constar International – Supply Agreement
EX-10.15 12 dex1015.htm SUPPLY AGREEMENT
Confidential Treatment has been requested by Constar International Inc. pursuant to Rule 406. All non-public information has been filed with the Securities and Exchange Commission.
EXHIBIT 10.15
Constar
- and -
New Century Beverage Company
SUPPLY AGREEMENT
January
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Constar, International
– party to be notified, unless such party has previously notified the other of a change of address, in which case the notice shall be sent to such changed address:
Seller:
Constar, International
Attn: President
One Crown Way
Philadelphia, PA 19154
Telephone: 215-698-5089
Facsimile:
Page 17 of 27
Buyer:
New Century Beverage Company
Attn:
One Pepsi Way
Somers, NY 10589-
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dt 1533084
;
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PepsiCo
As referenced in this Supply Agreement:
PepsiCo Inc – division of Crown Cork & Seal, having an office at One Crown Way, Philadelphia, PA 19154 (Seller), and New Century Beverage Company (NCB), a California corporation, and a subsidiary of PepsiCo Inc ., having an office at One Pepsi Way, Somers, NY 10589 (Buyer).
WHEREAS, Buyer is a manufacturer and seller of various beverages and wishes to purchase non-refillable polyethylene terephthalate (
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dt 1335400
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| Preview
Full Doc
| 2002 |
Supply Agreement
Supply Agreement (51K)
Doc #1788088: Click preview link for longer preview.
Constar
- and -
New Century Beverage Company
SUPPLY AGREEMENT
January 1, 2003 - December 31, 2007
TABLE OF CONTENTS
Paragraph/
Section
Page
1
Definitions
3
2
Term
4
3
Covenant to Supply and Purchase Containers
4
4
Quantity
5
5
. . .
1788088
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Constar Int'l
As referenced in this Supply Agreement:
Constar, International
– party to be notified, unless such party has previously notified the other of a change of address, in which case the notice shall be sent to such changed address:
Seller:
Constar, International
Attn: President
One Crown Way
Philadelphia, PA 19154
Telephone: 215-698-5089
Facsimile:
Page 17 of 27
Buyer:
New Century Beverage Company
Attn:
One Pepsi Way
Somers, NY 10589-
_____________
dt 1627159
;
|
PepsiCo
As referenced in this Supply Agreement:
PepsiCo Inc – division of Crown Cork & Seal, having an office at One Crown Way, Philadelphia, PA 19154 (Seller), and New Century Beverage Company (NCB), a California corporation, and a subsidiary of PepsiCo Inc ., having an office at One Pepsi Way, Somers, NY 10589 (Buyer).
WHEREAS, Buyer is a manufacturer and seller of various beverages and wishes to purchase non-refillable polyethylene terephthalate (
_____________
dt 1641807
|
| Preview
Full Doc
| 2002 |
Supply Agreement
Supply Agreement (42K)
Doc #1788136: Click preview link for longer preview.
Constar
SUPPLY AGREEMENT
This Supply Agreement (hereinafter �Agreement�) is made and entered into as of the 1st day of January, 1998 by and between, Constar, Inc., a Pennsylvania corporation and a wholly owned subsidiary of Crown Cork and Seal Company, Inc., with offices at One Crown Way, Philadelphia, PA, 19154 (hereinafter �Seller�), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc. with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter �Buyer�).
WHEREAS, Buyer desires to . . .
1788136
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Constar Int'l
As referenced in this Supply Agreement:
Constar International – R.R. Donnelley Financial -- Constar, Inc and New Century Beverage Agreement
EX-10.15 13 dex1015.htm CONSTAR, INC AND NEW CENTURY BEVERAGE AGREEMENT
Confidential treatment has been requested by Constar International Inc. pursuant to Rule 406. All non-public information has been filed with the Securities and Exchange Commission.
Exhibit 10.15
Constar
SUPPLY AGREEMENT
This Supply Agreement (hereinafter Agreement) is
_____________
CONSTAR INTERNATIONAL, – this Agreement assigning or transferring said business or assets shall cause the assignee or transferee to assume and be bound by all of the rights and obligations of this agreement.
CONSTAR INTERNATIONAL, INC.
New Century Beverage
By:
/s/ FRANK J. MECHURA
By:
President
Sr. Vice President
Supplier Development
11
EXHIBITS
A-
Qualifications and Specifications
B-
Cells, Locations, Timeframes and Volumes
C-
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dt 1681902
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PepsiCo
As referenced in this Supply Agreement:
PepsiCo, Inc – Cork and Seal Company, Inc., with offices at One Crown Way, Philadelphia, PA, 19154 (hereinafter Seller), and New Century Beverage (NCB), a California corporation, and a wholly owned subsidiary of PepsiCo, Inc . with offices at Routes 35 and 100, Somers, New York 10589-2201 (hereinafter Buyer).
WHEREAS, Buyer desires to purchase polyethylene terephthalate (PET) beverage containers from Seller; and
WHEREAS, Seller
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dt 1641808
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