SIXTH SUPPLEMENTAL INDENTUREIndenture Agreement |
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MOLSON COORS BREWING CO | Adolph Coors Company | CBC Holdco, Inc | Coors Brewing Company International, Inc | Deutsche Bank Trust Company | MCBC International Holdco, Inc | Molson Coors Brewing Company | Molson Coors International LP | NATIONAL TRUST COMPANY. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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DATED AS OF May 23, 2008 to INDENTURE dated as of May 7, 2002 among COORS BREWING COMPANY, as Issuer THE GUARANTORS NAMED THEREIN, as Guarantors and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee SIXTH SUPPLEMENTAL INDENTURE, dated as of May 23, 2008 (this " Sixth Supplemental Indenture "), to the Indenture dated as of May 7, 2002, as supplemented by the First Supplemental Indenture thereto dated as of May 7, 2002, the Second Supplemental Indenture thereto dated as of October 3, 2003, the Third Supplemental Indenture thereto dated as of February 17, 2005, the Fourth Supplemental Indenture thereto dated April 10, 2007, and the Fifth Supplemental Indenture thereto dated February 1, 2008 (collectively, the " Original Indenture " and, together with this Sixth Supplemental Indenture, the " Indenture "), among Coors Brewing Company, a Colorado corporation (the " Company "), Molson Coors Brewing Company (f/k/a Adolph Coors Company), a Delaware corporation, Coors Distributing Company, a Colorado corporation, Coors International Market Development, LLLP., a Colorado limited liability limited partnership, Coors Worldwide, Inc., a Colorado corporation, Coors Global Properties, Inc. (f/k/a Coors Caribe, Inc.), a Colorado corporation, Coors International, Inc., a Colorado corporation, Coors Brewing Company International, Inc., a Colorado corporation, Molson Coors Capital Finance ULC, a Nova Scotia unlimited liability company, 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 "), and Deutsche Bank Trust Company Americas, a New York banking corporation, as Trustee (the " Trustee "). WHEREAS, the Company, the Guarantors and the Trustee are authorized to enter into this Sixth 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 the Company, with the Company 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 SIXTH SUPPLEMENTAL INDENTURE WITNESSETH: That the parties hereto hereby agree as follows: Section 1 Defined Terms; Rules of Interpretation. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Indenture. The |
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