FIFTH SUPPLEMENTAL INDENTUREAddendum or Modifications |
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DATED AS OF May 23, 2008 to INDENTURE dated as of September 22, 2005 among MOLSON COORS CAPITAL FINANCE ULC, as Issuer, THE GUARANTORS NAMED THEREIN, as Guarantors, THE BANK OF NEW YORK TRUST COMPANY, N.A., as U.S. Trustee and COMPUTERSHARE TRUST COMPANY OF CANADA as Canadian Trustee FIFTH SUPPLEMENTAL INDENTURE, dated as of May 23, 2008 (this " Fifth Supplemental Indenture "), to the Indenture dated as of September 22, 2005, as supplemented by the First Supplemental Indenture and Second Supplemental Indenture thereto, each dated as of September 22, 2005, the Third Supplemental Indenture thereto dated as of April 10, 2007, the Fourth Supplemental Indenture thereto dated as of February 1, 2008 (collectively, the " Original Indenture " and, together with this Fifth Supplemental Indenture, the " Indenture "), among Molson Coors Capital Finance ULC, a Nova Scotia unlimited liability company (the " Company "), Molson Coors Brewing Company, a Delaware corporation, Coors Brewing Company, a Colorado corporation, Coors Distributing Company, a Colorado corporation, Coors Worldwide, Inc., a Colorado corporation, Coors International Market Development, L.L.L.P., a Colorado limited liability limited partnership, Coors Global Properties, Inc., a Colorado corporation, Coors Intercontinental, Inc., a Colorado corporation, Coors Brewing Company International, Inc., a Colorado corporation, Molson Coors International L.P., a Delaware limited partnership, CBC Holdco, Inc., a Colorado corporation, MCBC International Holdco, Inc., a Colorado corporation, Molson Coors International General, ULC, a Nova Scotia unlimited liability company, Coors International Holdco, ULC, a Nova Scotia unlimited liability company, Molson Coors Callco ULC, a Nova Scotia unlimited liability company (collectively, the " Guarantors "), The Bank of New York Trust Company, N.A., as successor to TD Banknorth, National Association, as U.S. Trustee (the " U.S. Trustee ") and Computershare Trust Company of Canada, a trust company duly incorporated and existing under the laws of Canada, as successor to The Canada Trust Company, as Canadian Trustee (the " Canadian Trustee " and together with the U.S. Trustee, the " Trustees "). WHEREAS, the Company, the Guarantors and the Trustees are authorized to enter into this Fifth Supplemental Indenture pursuant to Section 9.01 of the Original Indenture; WHEREAS, Coors International Market Development, LLLP (" CIMD "), a Guarantor, has transferred substantially all of its assets to Coors Global Properties, Inc. (" CGP "), a Guarantor (the " Asset Transfer "); WHEREAS, on May 26, 2008, CGP will merge (the " Merger ", together with the Asset Transfer, the " Consolidations ") with and into Coors Brewing Company (" CBC "), a Guarantor, with CBC being the surviving Person; and WHEREAS, Section 5.01(b) of the Indenture requires that when a Guarantor merges with or into, or transfers all or substantially all of its assets to, another Person, the surviving Person shall expressly assume all the obligations of such Guarantor, if any, under its Subsidiary Guaranty. NOW, THEREFORE, THIS FIFTH SUPPLEMENTAL INDENTURE WITNESSETH: That the parties hereto hereby agree as follows: Section 1 Defined Terms; Rules of Interpretation. Capitalized terms used herein and not otherwi |
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