FIFTH AMENDMENTFresh Del Monte Produce Inc • March 27th, 2000 • Wholesale-farm product raw materials • New York
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 9th, 2005 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
andStock Purchase Agreement • February 26th, 2003 • Fresh Del Monte Produce Inc • Agricultural production-crops • Florida
FRESH DEL MONTE PRODUCE INC., AND CERTAIN SUBSIDIARIES NAMED HEREIN, as Borrowers, THE LENDERS NAMED HEREIN, as Lenders,Credit Agreement • May 2nd, 2003 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
TENTH AMENDMENTFresh Del Monte Produce Inc • March 7th, 2001 • Wholesale-farm product raw materials • New York
BETWEENFresh Del Monte Produce Inc • March 9th, 2005 • Agricultural production-crops
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 1, 2019 among FRESH DEL MONTE PRODUCE INC., and CERTAIN SUBSIDIARIES as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, THE OTHER LENDERS...Credit Agreement • October 7th, 2019 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of October 1, 2019, among FRESH DEL MONTE PRODUCE INC., an exempted company duly incorporated under the laws of the Cayman Islands (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.14 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and, each a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and amends and restates that certain Amended and Restated Credit Agreement dated as of April 16, 2015 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Existing Agreement”).
AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 26th, 2024 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
ARTICLE I DEFINITIONSAcquisition Agreement • March 27th, 2000 • Fresh Del Monte Produce Inc • Wholesale-farm product raw materials • Florida
CREDIT AGREEMENTCredit Agreement • October 29th, 2012 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
Reference is made to that certain Credit Agreement, dated as of October 23, 2012 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Fresh Del Monte Produce Inc., an exempted company duly incorporated under the laws of the Cayman Islands (the “Company”), the Designated Borrowers from time to time party thereto (together with the Company, the “Borrowers” and each a “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 22nd, 2023 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of December 30, 2022, is among FRESH DEL MONTE PRODUCE INC., an exempted company duly incorporated under the laws of the Cayman Islands (the “Company”), certain Subsidiaries of the Company signatory hereto (each a “Designated Borrower” and, together with the Company, the “Borrowers” and, each a “Borrower”), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the “Administrative Agent”), each Subsidiary Guarantor (as defined in the Credit Agreement described below), and each of the Lenders party hereto.
INDEMNIFICATION AND ADVANCEMENT AGREEMENTIndemnification and Advancement Agreement • February 26th, 2024 • Fresh Del Monte Produce Inc • Agricultural production-crops
This Indemnification and Advancement Agreement (this “Agreement”) is dated ___________ ___, 2024 (the “Effective Date”) by and between Fresh Del Monte Produce Inc., a Cayman Islands exempted company with registration number 68097 (the “Company”) and (name)________________________________, a (position/title)_________________________ of the Company (“Indemnitee”).
EXHIBIT 4.17 THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 10, 2004 This THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "AMENDMENT") by and among FRESH DEL MONTE PRODUCE INC., a Cayman Island company...Credit Agreement • March 8th, 2005 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
Form of Underwriting Agreement [12,000,000] SHARES FRESH DEL MONTE PRODUCE INC. ORDINARY SHARES, $0.01 PAR VALUE PER SHARE UNDERWRITING AGREEMENT November [6], 2007Underwriting Agreement • November 7th, 2007 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
The undersigned understands that Morgan Stanley & Co. Incorporated (“Morgan Stanley”) proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Fresh Del Monte Produce Inc., an exempted company incorporated under the laws of the Cayman Islands (the “Company”) and the selling shareholder named therein (the “Selling Shareholder”), providing for the public offering (the “Public Offering”) by the several Underwriters, including Morgan Stanley (the “Underwriters”), of 12,000,000 shares (the “Shares”) of the Company’s ordinary shares, $0.01 par value per share (the “Ordinary Shares”).
1 EXHIBIT 4.18 NINTH AMENDMENT Dated as of May 10, 2000 This NINTH AMENDMENT among DEL MONTE FRESH PRODUCE (UK) LTD., an English limited company ("FRESH UK"), WAFER LIMITED, a Gibraltar corporation ("WAFER"), DEL MONTE FRESH PRODUCE INTERNATIONAL...Fresh Del Monte Produce Inc • March 7th, 2001 • Wholesale-farm product raw materials • New York
EIGHTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 27, 2006Credit Agreement • March 15th, 2007 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This EIGHTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is by and among FRESH DEL MONTE PRODUCE INC., a Cayman Island company (“Fresh Produce”), DEL MONTE FRESH PRODUCE N.A., INC., a Florida corporation (“Fresh N.A.”), DEL MONTE FRESH PRODUCE INTERNATIONAL, INC., a Liberian corporation (“Fresh International”), FRESH DEL MONTE SHIP HOLDINGS LTD., a Cayman Island company (“Ship Holdings”), DEL MONTE B.V. (f/k/a Del Monte Fresh Produce B.V.), a Netherlands corporation (“DMBV”), DEL MONTE FRESH PRODUCE (UK) LTD., an English limited company (“Fresh U.K.”). DEL MONTE FOODS INTERNATIONAL LIMITED, an English limited company (“Foods International”), DEL MONTE INTERNATIONAL INC., a Panama corporation (“Del Monte International”), and DEL MONTE EUROPE LIMITED, an English limited company (“Del Monte Europe”) (Fresh Produce, Fresh N.A., Fresh International, Ship Holdings, DMBV, Fresh U.K., Foods International, Del Monte International and Del Monte Europe are referred to her
NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 30, 2008Credit Agreement • July 30th, 2008 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is by and among FRESH DEL MONTE PRODUCE INC., a Cayman Island company (“Fresh Produce”), DEL MONTE FRESH PRODUCE N.A., INC., a Florida corporation (“Fresh N.A.”), DEL MONTE FRESH PRODUCE INTERNATIONAL, INC., a Liberian corporation (“Fresh International”), FRESH DEL MONTE SHIP HOLDINGS LTD., a Cayman Island company (“Ship Holdings”), DEL MONTE B.V. (f/k/a Del Monte Fresh Produce B.V.), a Netherlands corporation (“DMBV”), DEL MONTE FRESH PRODUCE (UK) LTD., an English limited company (“Fresh U.K.”), DEL MONTE FOODS INTERNATIONAL LIMITED, an English limited company (“Foods International”), DEL MONTE INTERNATIONAL INC., a Panama corporation (“Del Monte International”), and DEL MONTE EUROPE LIMITED, an English limited company (“Del Monte Europe”) (Fresh Produce, Fresh N.A., Fresh International, Ship Holdings, DMBV, Fresh U.K., Foods International, Del Monte International and Del Monte Europe are referred to here
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Effective as of January 27, 2004Credit Agreement • March 8th, 2004 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) among FRESH DEL MONTE PRODUCE INC., a Cayman Island company (“Fresh Produce”), DEL MONTE FRESH PRODUCE N.A., INC., a Florida corporation (“Fresh N.A.”), DEL MONTE FRESH PRODUCE INTERNATIONAL, INC., a Liberian corporation (“Fresh International”) and FRESH DEL MONTE SHIP HOLDINGS LTD., a Cayman Island company (“Ship Holdings”) (Fresh Produce, Fresh N.A., Fresh International, and Ship Holdings are referred to herein collectively as the “Borrowers” and each individually as a “Borrower”); the entities identified as “Guarantors” on the signature pages hereof (each a “Guarantor” and collectively the “Guarantors”); the banks and other lending institutions listed on the signature pages hereof as Lenders (the “Lenders”); and COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (the “Administrative Agent”).
1 EXHIBIT 2.4 SEVENTH AMENDMENT AND CONSENT Dated as of August 2, 1999 This SEVENTH AMENDMENT among Del Monte Fresh Produce (UK) Ltd. ("Fresh U.K."), Wafer Limited ("Wafer"), Del Monte Fresh Produce International Inc. ("Fresh International"), Del...Fresh Del Monte Produce Inc • March 27th, 2000 • Wholesale-farm product raw materials • New York
AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • January 26th, 2010 • Fresh Del Monte Produce Inc • Agricultural production-crops • Florida
This AMENDED AND RESTATED VOTING AGREEMENT (the “Agreement”) is made and entered into as of January 19, 2010, by and among Mohammad Abu-Ghazaleh (“MAG”), and the undersigned stockholders (collectively, the “Stockholders”) of Fresh Del Monte Produce, Inc., a Cayman Islands corporation (“Del Monte”).
ELEVENTH AMENDMENTFresh Del Monte Produce Inc • February 26th, 2003 • Agricultural production-crops • New York
FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 15, 2005Credit Agreement • March 6th, 2006 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is by and among FRESH DEL MONTE PRODUCE INC., a Cayman Island company (“Fresh Produce”), DEL MONTE FRESH PRODUCE N.A., INC., a Florida corporation (“Fresh N.A.”), DEL MONTE FRESH PRODUCE INTERNATIONAL, INC., a Liberian corporation (“Fresh International”), FRESH DEL MONTE SHIP HOLDINGS LTD., a Cayman Island company (“Ship Holdings”), DEL MONTE B.V., a Netherlands corporation (f/k/a Del Monte Fresh Produce B.V.) (“DMBV”), DEL MONTE FRESH PRODUCE (UK) LTD., an English limited company (“Fresh U.K.”), DEL MONTE FOODS INTERNATIONAL LTD., an English limited company (“Foods International”), DEL MONTE INTERNATIONAL INC., a Panama corporation (“Del Monte International”), and DEL MONTE EUROPE LTD., an English limited company (“Del Monte Europe”) (Fresh Produce, Fresh N.A., Fresh International, Ship Holdings, DMBV, Fresh U.K., Foods International, Del Monte International and Del Monte Europe are referred to herein co
1 EXHIBIT 2.1 FOURTH AMENDMENT AND CONSENTFresh Del Monte Produce Inc • March 27th, 2000 • Wholesale-farm product raw materials • New York
Executive Retention and Severance AgreementRetention and Severance Agreement • April 30th, 2008 • Fresh Del Monte Produce Inc • Agricultural production-crops • Florida
This Executive Retention and Severance Agreement (the “Agreement”) is made and entered into as of December 9, 2003 (the “Effective Date”), by and between Fresh Del Monte Produce Inc., (the “Company”) and Mohammad Abu-Ghazaleh (the “Executive”).
EIGHT AMENDMENTFresh Del Monte Produce Inc • March 7th, 2001 • Wholesale-farm product raw materials • New York
2 3 SECTION 5. INCREASING LENDERS. (a) Each Increasing Lenders (i) confirms that it has received a copy of the Credit Agreement, together with copies of financial statements and such other documents and information as it has deemed appropriate to make...Fresh Del Monte Produce Inc • March 27th, 2000 • Wholesale-farm product raw materials • New York
Re: Severance AgreementSeverance Agreement • April 30th, 2019 • Fresh Del Monte Produce Inc • Agricultural production-crops
This Severance Agreement (this "Severance Agreement") is intended to set forth our mutual understanding and agreement regarding your voluntary resignation from your position with Del Monte Fresh Produce Company (the “Company”) and the termination of your employment. This Severance Agreement sets forth the terms and conditions of a severance package.
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 13, 2010Credit Agreement • November 2nd, 2010 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is by and among FRESH DEL MONTE PRODUCE INC., a Cayman Island company (“Fresh Produce”), DEL MONTE FRESH PRODUCE N.A., INC., a Florida corporation (“Fresh N.A.”), DEL MONTE FRESH PRODUCE INTERNATIONAL, INC., a Liberian corporation (“Fresh International”), FRESH DEL MONTE SHIP HOLDINGS LTD., a Cayman Island company (“Ship Holdings”), DEL MONTE B.V. (f/k/a Del Monte Fresh Produce B.V.), a Netherlands corporation (“DMBV”), DEL MONTE (UK) LIMITED, an English limited company (“Fresh U.K.”), DEL MONTE FOODS INTERNATIONAL LIMITED, an English limited company (“Foods International”), DEL MONTE INTERNATIONAL, INC., a Panama corporation (“Del Monte International”), DEL MONTE EUROPE LIMITED, an English limited company (“Del Monte Europe”), DEL MONTE FUND B.V., a Netherlands Antilles company (“Fund BV”), DEL MONTE INTERNATIONAL GMBH, a Swiss limited liability company (“DMG”), and NETWORK SHIPPING LTD., a Bermud
AMENDMENT NO. 2 TO AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • March 17th, 2011 • Fresh Del Monte Produce Inc • Agricultural production-crops • Florida
This AMENDMENT NO. 2 TO AMENDED AND RESTATED VOTING AGREEMENT (this “Amendment No. 2”) is made and entered into as of March 14, 2011, by and among Mohammad Abu-Ghazaleh (“MAG”), and the undersigned stockholders (collectively, the “Stockholders”) of Fresh Del Monte Produce, Inc., a Cayman Islands corporation (“Del Monte”).
1 Exhibit 1 CUSIP NO. G36738105 13D PAGE 11 OF 11 PAGES ------------------------- -------------------------- JOINT FILING AGREEMENT THIS JOINT FILING AGREEMENT (this "Agreement") is made and entered into as of this 30th day of August, 2001, by and...Joint Filing Agreement • September 20th, 2001 • Fresh Del Monte Produce Inc • Agricultural production-crops
SECOND AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • October 7th, 2019 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
THIS SECOND AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT dated as of October 1, 2019 (this “Subsidiary Guaranty Agreement”), is being entered into among EACH OF THE UNDERSIGNED AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A SUBSIDIARY GUARANTY JOINDER AGREEMENT (each a “Subsidiary Guarantor” and collectively the “Subsidiary Guarantors”) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the Guaranteed Parties (as defined in the Credit Agreement referenced below) and amends and restates that certain Amended and Restated Subsidiary Guaranty Agreement dated as of April 16, 2015 among certain Subsidiary Guarantors in favor of the Administrative Agent. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement, defined below.
AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • September 28th, 2018 • Fresh Del Monte Produce Inc • Agricultural production-crops
This AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of September 27, 2018, is made by and among FRESH DEL MONTE PRODUCE INC., an exempted company duly incorporated under the laws of the Cayman Islands (the “Company”), certain Subsidiaries of the Company signatory hereto (each a “Designated Borrower” and, together with the Company, the “Borrowers” and, each a “Borrower”), each of the undersigned Guarantors, BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States (“Bank of America”), in its capacity as administrative agent for the Lenders generally (in such capacity, the “Administrative Agent”), L/C Issuer and Swing Line Lender, and each of the Lenders under the Credit Agreement (defined below) (collectively, the “Lenders”) signatory hereto. Except as expressly provided herein, capitalized terms used but not otherwise defined herein have the respective meanings ascribed to them in the Credit Ag
Executive Retention and Severance AgreementRetention and Severance Agreement • April 30th, 2008 • Fresh Del Monte Produce Inc • Agricultural production-crops • Florida
This Executive Retention and Severance Agreement (the “Agreement”) is made and entered into as of February 24, 2003 (the “Effective Date”), by and between Fresh Del Monte Produce Inc., (the “Company”) and Hani El-Naffy (the “Executive”).
CONSULTING AGREEMENTConsulting Agreement • September 30th, 2016 • Fresh Del Monte Produce Inc • Agricultural production-crops • Florida
THIS CONSULTING AGREEMENT (the “Agreement”) is entered into as of September 26, 2016, by and between Hani El-Naffy (the “Executive”) and Fresh Del Monte Produce, Inc. (the “Company”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 8, 2009Credit Agreement • October 27th, 2009 • Fresh Del Monte Produce Inc • Agricultural production-crops • New York
This FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is by and among FRESH DEL MONTE PRODUCE INC., a Cayman Island company (“Fresh Produce”), DEL MONTE FRESH PRODUCE N.A., INC., a Florida corporation (“Fresh N.A.”), DEL MONTE FRESH PRODUCE INTERNATIONAL, INC., a Liberian corporation (“Fresh International”), FRESH DEL MONTE SHIP HOLDINGS LTD., a Cayman Island company (“Ship Holdings”), DEL MONTE B.V. (f/k/a Del Monte Fresh Produce B.V.), a Netherlands corporation (“DMBV”), DEL MONTE (UK) LIMITED, an English limited company (“Fresh U.K.”), DEL MONTE FOODS INTERNATIONAL LIMITED, an English limited company (“Foods International”), DEL MONTE INTERNATIONAL, INC., a Panama corporation (“Del Monte International”), DEL MONTE EUROPE LIMITED, an English limited company (“Del Monte Europe”), DEL MONTE FUND B.V., a Netherlands Antilles company (“Fund BV”), and NETWORK SHIPPING LTD., a Bermuda company (“Network”; Fresh Produce, Fresh N.A., Fresh International, Ship
