UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 23, 2004
COTT CORPORATION
(Exact name of registrant as specified in its charter)
CANADA | 000-19914 | None | ||
(State or other jurisdiction
of incorporation) |
(Commission
File Number) |
(IRS Employer
Identification No.) |
207 Queens Quay West, Suite 340, Toronto, Ontario | M5J 1A7 | |
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code | (416) 203-3898 | |
N/A
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.01. Entry into a Material Definitive Agreement.
Cott Corporation (the Company) entered into an agreement with Crown
Cork & Seal USA, Inc. (Crown USA) on December 23, 2004, which amended
the Companys Supply Agreement with Crown Cork & Seal Company, Inc.
(CCS). The Supply Agreement was filed as exhibit 10.14 to the Companys
quarterly report on Form 10-Q/A for the period ended September 27, 2003.
Crown USA is the successor to CCS under the Supply Agreement. The
amendment extends the term of the Supply Agreement through December 31,
2011 and provides for a number of modifications to other provisions of the
Supply Agreement, including those governing the scope of the Supply
Agreement and pricing mechanics for certain materials and costs. Except
for the extension of the term of the Supply Agreement, the Company does
not believe that any of the provisions of the amendment, either
individually or collectively, are material to the Company.
This
Form 8-K
contains forward-looking statements reflecting
managements current expectations. Forward-looking statements,
specifically those concerning future performance, are subject to certain
risks and uncertainties, and actual results may differ materially. These
risks and uncertainties are detailed from time to time in the Companys
filings with the appropriate securities commissions, and include, without
limitation, stability of procurement costs for raw and packaging
materials, adverse weather conditions, competitive activities by
national, regional and retailer brand beverage manufacturers, the
Companys ability to develop new products that appeal to consumer tastes,
the Companys ability to identify acquisition candidates, successfully
consummate acquisitions and integrate acquired businesses into its
operations, fluctuations in currency versus the U.S. dollar, the
uncertainties of litigation, loss of key customers and retailers
continued commitment to their retailer brand beverage programs. The
foregoing list of factors is not exhaustive. The Company undertakes no
obligation to publicly update or revise any forward-looking statements.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.
COTT CORPORATION
By:
/s/ Mark Halperin
Mark Halperin
Senior Vice President,
General Counsel and Secretary