Credit Terms

The above-named company (Applicant) hereby makes application for credit and provides the information contained herein for the purpose of inducing Seller to make sales of goods on open credit. The word “Seller” in this Application means AL NAFAY LLC, AL NAFAY Corporation, and AL NAFAY Canada, Inc. and all of their parent companies, subsidiaries and affiliates. Applicant acknowledges and affirms that:

1. Applicant hereby authorizes Seller to check Applicant’s credit history and trade and bank references for customary credit information now and hereinafter, and to confirm on a continuing basis the information contained on this Application.

2. Applicant hereby certifies that the information furnished under this Application and any other financial statements or information furnished or to be furnished in connection herewith, is true and correct and that this information is being furnished to Applicant for the purpose of inducing Seller to extend credit to Applicant. Applicant acknowledges Seller intends to rely upon the information provided by Applicant in evaluating whether to extend trade credit terms to the Applicant.

3. Applicant will pay all costs of collection, including attorney's fees, court costs, and other costs of collection, including fees and costs of any collection agents, incurred in recovering past due amounts.

4. MISSOURI STATE COURTS SHALL HAVE EXCLUSIVE JURISDICTION TO LITIGATE ANY DISPUTE BETWEEN APPLICANT AND SELLER AND ANY AND ALL LITIGATION SHALL BE INSTITUTED IN THE COURTS OF ST. LOUIS COUNTY, STATE OF MISSOURI. APPLICANT WAIVES ANY RIGHTS TO A CHANGE OF VENUE OR CHANGE OF JURISDICTION AND HEREBY SUBMITS TO AND ACKNOWLEDGES THE JURISDICTION OF SUCH STATE COURTS AND WAIVES ITS RIGHT TO TRIAL BY JURY.

5. Applicant hereby grants Seller a purchase money security interest in the proceeds and products delivered to Applicant including all accessions and replacements, and the proceeds thereof, to secure the payment of the purchase price of products and all other amounts owing to Seller. Applicant authorizes Seller to file one or more financing statements to reflect the security interest granted by Applicant, and agrees to execute any additional documents, instruments and filings as may be reasonably requested by Seller to reflect or maintain such security interest.

6. Applicant certifies that the legal name of the firm as stated above is correct, and that the firm is in good standing in all relevant states. The person signing this Application further represents that such person is duly authorized to sign this Application on behalf of the Applicant.

7. The Applicant will provide to Seller updated financial information on request.

8. Applicant hereby agrees to immediately notify Seller in writing of any material change in the information provided herein, including but not limited to any change of Applicant’s ownership or contact information.

9. Applicant agrees to neither order nor accept goods from Seller while Applicant is insolvent within the meaning of Section 1-201(23) of the Uniform Commercial Code. Every order placed, or delivery accepted, while the Applicant is insolvent, shall constitute a written misrepresentation of solvency to Seller within the meaning of Section 2-702(2) of the Uniform Commercial Code.

10. Applicant understands and agrees to be bound by the terms incorporated herein by reference, which include (a) Seller’s credit terms and conditions, (b) Seller’s standard terms and conditions of sale in effect from time to time, (c) and all invoices and other documents furnished by Seller from time to time, all of which are incorporated herein by reference. Seller’s standard terms and conditions can be found at http://www.silganplastics.com/Portals/0/Silgan Terms.pdf.

11. The federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided that Applicant has the capacity to enter into a binding contract); because all or part of Applicant’s income derives from any public assistance programs; or because Applicant has in good faith exercised any right under the Consumer Credit Protection Act The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington, D.C.

12. In the event there is any inconsistency between the Credit Terms and the TERMS AND CONDITIONS, the Credit Terms should control.