On March 31, 2008, Cott Corporation (“Cott”) together with Cott Beverages Inc. and Cott Beverages Limited entered into a new senior secured asset-based lending credit facility (the “ABL Facility”) providing for financing in the United States, Canada, and the United Kingdom. The ABL Facility consists of a five-year revolving facility of up to US$250 million with availability dependent on a borrowing base calculated as a percentage of the value of eligible inventory, accounts receivable and property, plant and equipment. The ABL Facility may be increased up to an additional US$100 million with additional commitments from the Lenders or new lenders.
The new ABL Facility replaced Cott's former senior secured credit facility in the United States, Canada, the United Kingdom and Mexico and its receivables securitization facility in the United States.
JPMorgan Chase Bank, N.A. (“JPMorgan”) serves as administrative agent and administrative collateral agent, and General Electric Capital Corporation, a member of the lending syndicate, is designated as the co-collateral agent.
Cott is the world's largest provider of retailer brand soft drinks. Cott commercializes its business in over 60 countries worldwide, with its principal markets being the United States, Canada, the United Kingdom and Mexico. Cott markets or supplies over 200 retailer and licensed brands, and Cott-owned brands including Cott, RC, Vintage, Vess and So Clear. Its products include carbonated soft drinks, sparkling and flavored waters, energy drinks, sports drinks, juices, juice drinks and smoothies, ready-to-drink teas, and other non-carbonated beverages.
Cott was represented in Canada by Goodmans LLP, by a team consisting of Caroline Wang, Mark Surchin, Andrew Wiseman, Tom Macdonald and Jana Steele. Keyvan Nassiry and Piero Biasini of BCF LLP provided Québec representation and Charles Reagh and James Murphy of Stewart McKelvey provided Nova Scotia and New Brunswick representation. Cott's US representation was provided by Drinker Biddle & Reath LLP, with a team led by Jill Bronson and included Dean Grabelle, Stacey Hanna, Kirk Marzock, Stephanie Shellenback, Krista Watson, Lori Hood, Norm St. Landau, Sharon Klingelsmith, David Rubenstein and Joy Fontaine. Cott's UK representation was provided by David Sachs and Anthony Stanford of Hammonds.
JPMorgan was represented in Canada by McMillan Binch Mendelsohn LLP, by the team of Bindu Cudjoe, Jeff Rogers, Andrew McFarlane, Puja Varma, Jessica Abdulezer, Luigi Macchione, Rosalyn Wallace, Todd Miller and Karen Shaver. JPMorgan's US representation was provided by Skadden, Arps, Slate, Meagher & Flom LLP by the team of Seth Jacobson, David Kolin, Jennifer Hopkins, Elke Rehbock, Darrin Halcomb, Kevin Murphy, Catherine Danz and Christine Schneible. JPMorgan was represented in the UK by CMS Cameron McKenna LLP by the team of Douglas Colliver, Ed Robinson and Aaron Kim.