Common use of PRE-EXISTING COMMITMENTS Clause in Contracts

PRE-EXISTING COMMITMENTS. 6.1. Company and Bottler acknowledge that the sale by Company or its Affiliates of certain Covered Beverages or Related Products to certain customers or distributors in the Territory may be required under pre-existing commitments with such customers or distributors. 6.1.1. The pre-existing commitments, if any, applicable to the Territory are identified on Schedule 6. 6.1.2. Company or its Affiliates may continue to distribute and sell Covered Beverages and Related Products in the Territory until the expiration of the applicable pre-existing commitment, but neither Company nor any of its Affiliates will exercise any voluntary rights to extend or renew the term of any such pre-existing commitment. 6.1.3. If a pre-existing commitment provides for automatic renewal, Company will use good faith efforts to provide a notice of termination rather than allow the pre-existing commitment to automatically renew, if Company may do so without breaching the pre-existing commitment or incurring any penalties.

Appears in 3 contracts

Sources: Comprehensive Beverage Agreement (Coca-Cola Consolidated, Inc.), Comprehensive Beverage Agreement (Coca Cola Bottling Co Consolidated /De/), Territory Conversion Agreement (Coca Cola Bottling Co Consolidated /De/)

PRE-EXISTING COMMITMENTS. 6.1. Company and Bottler acknowledge that the sale by Company or its Affiliates of certain Covered Beverages or Related Products to certain customers or distributors in the First-Line Territory may be required under pre-existing commitments with such customers or distributors. 6.1.1. The pre-existing commitments, if any, applicable to the First-Line Territory are identified on Schedule 6. 6.1.2. Company or its Affiliates may continue to distribute and sell Covered Beverages and Related Products in the First-Line Territory until the expiration of the applicable pre-existing commitment, but neither Company nor any of its Affiliates will exercise any voluntary rights to extend or renew the term of any such pre-existing commitment. 6.1.3. If a pre-existing commitment provides for automatic renewal, Company will use good faith efforts to provide a notice of termination rather than allow the pre-existing commitment to automatically renew, if Company may do so without breaching the pre-existing commitment or incurring any penalties.

Appears in 2 contracts

Sources: Comprehensive Beverage Agreement (Coca-Cola Consolidated, Inc.), Comprehensive Beverage Agreement (Coca Cola Bottling Co Consolidated /De/)