Annual Report — Form 10-K
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 10-K Annual Report 125 751K
2: EX-3.4 Certificate of Designation -- Series D Pref Stock 10 47K
3: EX-10.44 Employment Termination Agrt and General Release 7 28K
4: EX-10.46 First Amendment to Employment Agrt -- C. Jung 2 16K
5: EX-10.47 Second Amendment to Employment Agrt -- C. Jung 2 14K
6: EX-10.48 Third Amendment to Employment Agrt -- C. Jung 5 24K
7: EX-10.49 Share Subscription Agreement -- Ca Beverages 31 91K
8: EX-10.50 Coca Cola Opa Trust Agreement 21 70K
9: EX-10.51 Coca Cola Holdback Agreement 25 84K
10: EX-10.52 Cbp Opa Trust Agreement -- Ca Beverages 19 63K
11: EX-10.53 Cbp Holdback Agreement -- Ca Beverages 23 76K
12: EX-10.54 Amended & Restated to Us$60M Credit Agreement 55 165K
13: EX-10.55 Amendment to Us$130M 2nd Amended ... Credit Agrt 10 20K
14: EX-10.56 Us$33M Credit Agreement -- Inarco Intl Bank 2 19K
15: EX-10.57 Memorandum of Understanding 12 47K
16: EX-10.58 Limited Non-Competition Agreement 5 26K
17: EX-10.59 Employment Agreement -- Annette Franqui 18 68K
18: EX-10.60 Letter Agreement -- Woods W. Staton 1 12K
19: EX-10.61 Second Amd. to Revolving Credit Agreement 4 19K
20: EX-10.62 Amendment No. 1 to Us$ 10M Guaranty 3 19K
21: EX-10.68 Key Exec Retention, Severance and Non-Compet Plan 15 71K
22: EX-10.69 Key Employee Retention 13 61K
23: EX-10.71 Employment Agreement -- Spal 5 27K
24: EX-10.72 First Amendment to Employment Agreement -- Spal 2 15K
25: EX-10.73 Executive Deferred Compensation Plan 14 57K
26: EX-10.74 Employment Agreement -- Ruben Pietropaolo De Jong 8 57K
27: EX-10.75 Amendment to Promissory Note -- Ing Bank 3 16K
28: EX-10.76 Guaranty -- Citigroup Inc. 4 31K
29: EX-12.1 Computation of Ratio of Earnings 1 15K
30: EX-21.1 Subsidiaries of the Registrant 2 15K
31: EX-23.1 Independent Auditors' Consent 1 12K
32: EX-23.2 Explanation of Concerning Absence 1 14K
33: EX-99.1 Certificate of CEO and President 1 12K
34: EX-99.2 Certificate of Chief Financial Officer 1 12K
EX-10.55 — Amendment to Us$130M 2nd Amended ... Credit Agrt
| EX-10.55 | 1st Page of 10 | TOC | ↑Top | Previous | Next | ↓Bottom | Just 1st |
|---|
EXHIBIT 10.55
AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (the
"Amendment"), dated as of November 20, 2002, among Panamerican Beverages,
Inc., a Panamanian corporation (the "Borrower") and the financial institutions
listed in the signature pages hereto (the "Consenting Lenders"). All
capitalized terms used but not defined herein shall have the meaning given to
such terms in the Credit Agreement (as defined below).
The Borrower, the financial institutions listed on the signature
pages thereto, ING Capital LLC, as administrative agent (in such capacity, the
"Administrative Agent"), and The Chase Manhattan Bank, as syndication agent,
entered into a Second Amended and Restated Credit Agreement, dated as of
October 29, 2001 (the "Credit Agreement") and now have agreed, pursuant to
Section 8.01 of the Credit Agreement, to amend Section 5.04(b) of the Credit
Agreement in its entirety. Effective as of the date hereof upon the execution
and delivery of this Amendment by the Borrower and Lenders constituting the
Required Lenders, Section 5.04(b) of the Credit Agreement is amended in its
entirety as follows:
(b) Debt to EBITDA Ratio. Maintain a ratio of Consolidated Debt to
Consolidated EBITDA (calculated as of the last day of each fiscal quarter
or year hereinafter indicated, as reflected in the quarterly or annual
financial statements for such fiscal quarter or year, for the
twelve-month period ending on the relevant date of determination) of not
more than (i) 2.35 to 1 through the periods ended December 31, 2002 and
March 31, 2003 and (ii) 2.25 to 1 thereafter.
In order to induce the Consenting Lenders to enter into this
Amendment, the Borrower hereby (i) makes the representations and warranties
set forth in Article IV of the Credit Agreement as of the date hereof (it
being understood and agreed that any representation which by its terms is made
as of a specified date shall be required to be true and correct in all
material respects only as of such specified date), and (ii) represents and
warrants that, (a) as of the date hereof, there exists no Default or Event of
Default under the Credit Agreement as amended by this Amendment and (b) since
December 31, 2001, there has been on Material Adverse Change.
Except as expressly provided hereby, the Credit Agreement, each
other Loan Document and all instruments and documents executed and delivered
pursuant thereto shall continue in full force and effect in accordance with
their respective terms. All references in the Loan Documents to the Credit
Agreement shall be deemed to refer to the Credit Agreement as modified by this
Amendment and as hereafter modified by any amendment, modification or
supplement thereto. The execution, delivery and effectiveness of this
Amendment shall not operate as a waiver of any right, power or remedy of any
Lender or the Administrative Agent under any of the Loan Documents. This
Amendment shall be governed by, and construed in accordance with, the internal
laws of the State of New York. This Amendment may be executed in any number of
counterparts and by the different parties hereto on separate counterparts,
each of which when so executed and delivered shall be an original, but all of
which shall together constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed by their respective officers thereunto duly authorized, as of the
date first above written.
PANAMERICAN BEVERAGES, INC., as Borrower
By:
/s/ Annette Franqui
----------------------------------
Name: Annette Franqui
Title: CFO
ING BANK N.V., ACTING THROUGH ITS
CURACAO BRANCH, as Lender
By:
/s/
----------------------------------
Name:____________________________________
Title:___________________________________
By:
/s/
----------------------------------
Name:____________________________________
Title:___________________________________
FLEET NATIONAL BANK, as Lender
By:
/s/ Ravi Kacker
----------------------------------
Name: Ravi Kacker
Title: Director
By:
/s/ Janet G. O'donnell
----------------------------------
Name: Janet G. O'donnell
Title: Managing Director
BANCO BILBAO VIZCAYA ARGENTARIA, S.A.,
as Lender
By:
/s/ Hector Villegas
----------------------------------
Name: Hector Villegas
Title: Vice President Global
Corporate Banking
By:
/s/ Salustiano Machado
----------------------------------
Name: Vice President
Title: Global Corporate Banking
LANDESBANK SCHLESWIG-HOLSTEIN
GIROZENTRALE, as Lender
By:
/s/ Imke Hallmann
---------------------------------
Name: Imke Hallmann
Title: Assistant Vice President
By:
/s/ Frank Drews
---------------------------------
Name: Frank Drews
Title: Vice President
COOPERATIEVE CENTRALE RAIFFEISEN
BOERENLEENBANK B.A., "Rabobank Nederland",
NEW YORK BRANCH, as Lender
By:
/s/ Edward J. Prisner
---------------------------------
Name: Edward J. Prisner
Title: Managing Director
By:
/s/ Chris G. Kortlandt
---------------------------------
Name: Chris G. Kortlandt
Title: Managing Director
WACHOVIA BANK, N.A., as Lender
By:
/s/ J. Tyler Rollins
---------------------------------
Name: J. Tyler Rollins
Title: Director
SUNTRUST BANK, as Lender
By:
/s/ Donald M. Lynch
---------------------------------
Name: Donald M. Lynch
Title: Director
CITIBANK MEXICO S.A., as Lender
By:
/s/ Jose Maria Urquiza
---------------------------------
Name: Jose Maria Urquiza
Title: Vice President
Dates Referenced Herein and Documents Incorporated by Reference
↑Top
Filing Submission 0000950157-03-000194 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)
Copyright © 2024 Fran Finnegan & Company LLC – All Rights Reserved.
About — Privacy — Redactions — Help —
Fri., May 10, 6:04:25.1am ET 
