STRICTLY CONFIDENTIAL November 9, 1995 BEVERAGE CAN AND END AGREEMENT This letter confirms our agreement for the Ball Metal Beverage Container Group (BMBCG) to supply 202 12 oz aluminum cans and ends to Coca-Cola Bottling Company Consolidated, Inc. (CCBCC). Supply Volume and Period Location Volume Supply Period Mobile 200MM January 1, 1996 through December 31, 2000 (5 years*). This agreement incorporates the "Alcan Band Agreement" formula pricing, and also includes BMBCG conversion prices subject to market changes as detailed below. Nashville 185MM January 1, 1996 through December 31, 1996. This agreements incorporates a one-year fixed London Metal Exchange/Mid West Premium (LME/MWP) ingot price and fixed BMBCG conversion price. Sheet conversion price subject to market changes. Specifications 202 / 211 x 413 12 oz aluminum non-basecoated soft drink cans (.0112" input gauge). 202 B-64 aluminum SOT soft drink ends (.0086" input gauge shell & .0100" input tab). Supply Points The 12 oz cans will be supplied from Conroe, TX and Findlay, Ohio. Ends will be supplied from Findlay, Ohio. If the supply point is changed, it will be a mutually agreed upon, qualified location, that is approved by CCBCC. November 9, 1995 Page 2 Formula Pricing (Examples Attached) Three factors determine can and end pricing: 1. LME + MWP ingot price (Alcan Band Ceiling/Floor and fixed ingot). 2. Ingot conversion to aluminum sheet for body, shell, and tab stock (Alcan Band Formula and market price). 3. Sheet conversion to aluminum beverage cans and ends (BMBCG Conversion Price). Alcan Band Major Points (Mobile) (Bullet) LME/MWP ingot ceiling of $.85/lb. and a floor of $.70/lb. (Bullet) *Five (5) year agreement between CCBCC, Alcan and BMBCG. Note: If the LME/MWP is outside the band for 75% of the days from July 1, 1999 through December 31, 1999, then the contract is involuntarily extended for a 6th year (2001). This agreement (according to the Alcan Band) may be extended by mutual agreement between CCBCC, Alcan and BMBCG for an additional 7th year (2002); this option must be exercised by October 1, 2001 (October 1 of 6th year). Two successive three (3) year extensions will also be made available provided all parties agree on the terms and conditions twelve (12) months prior to the termination of the initial five- (5) year term or any extension period as discussed above. (Bullet) Six (6) month average of the LME/MWP prices will be established twice each year. (Bullet) Binding agreement on all parties. (Bullet) 50% of Intermediate Materials Producers Price Index (PPI) added to ceiling and floor for 1997 and beyond. (Bullet) Can sheet conversion price $.324/lb. (.0112") for 1996. Thereafter, conversion price based on 50% of Intermediate Materials PPI % change. November 9, 1995 Page 3 Alcan Band Major Points (Mobile) (Continued) (Bullet) End sheet conversion price $.849/lb. (.0086"). An increase of $.01 to $.02/lb. is expected in 1996 due to coating cost increase. 1997 and beyond, 50% of PPI change applies. (Bullet) Significant increases not included in PPI require adjustment to price, but no greater than other first tier aluminum suppliers. Ball required to take minimum 95% of committed volume in six month period and can take maximum of 55% of annual volume in any 6 month period. CCBCC requirements should mirror this requirement as closely as possible. Backhaul Can End Dunnage Ball Supply Consolidated Bottling Backhaul Backhaul Backhaul Truckloads Location Location ($/M) ($/M) (T/L) Volume /Year Findlay, OH Nashville, TN $ 3.31 $ 0.09 $ 575.00 185,000,000 1029.4 Conroe,TX Mobile,AL $ 2.43 $ 0.14 $ 695.60 200,000,000 1112.9 Sales Terms Invoices are issued once per week on Monday for the previous weeks shipments. Terms: 1% 10 days, net 30 days from Monday invoice date. Interest assessed on past due invoices is at prime + 2%. November 9, 1995 Page 4 Packaging Packaging materials (can pallets, end pallets, top frames and chipboard) are returnable and will be reconciled monthly. Please sign both documents and return one to BMBCG and keep the other copy for your records. COCA-COLA BOTTLING BALL METAL BEVERAGE COMPANY CONSOLIDATED CONTAINER GROUP /s/ /s/ /s/ /s/ Witness Witness 11/16/95 11/9/95 Date Date