Standard Contracts
EMPLOYMENT AGREEMENTEmployment Agreement • August 10th, 2007 • Merisant Co • Industrial organic chemicals • Illinois
This EMPLOYMENT AGREEMENT dated as of April 5, 2007, is made by and between Merisant Company, a Delaware corporation (the “Company”), and Diana S. Ferguson (the “Executive”).
SECOND SUPPLEMENTAL INDENTURESupplemental Indenture • March 31st, 2008 • Merisant Co • Industrial organic chemicals • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of January 23, 2008 (this “Supplemental Indenture”), among MERISANT COMPANY, a Delaware corporation (the “Company”), MERISANT US, INC., a Delaware corporation and wholly owned subsidiary of the Company (“Merisant US”), MERISANT FOREIGN HOLDINGS I, INC., a Delaware corporation and wholly owned subsidiary of the Company (“Merisant Foreign Holdings”), WHOLE EARTH SWEETENER COMPANY LLC, a Delaware limited liability company and wholly owned subsidiary of the Company (“Whole Earth,” and together with Merisant US and Merisant Foreign Holdings, the “Guarantors”), WHOLE EARTH FOREIGN HOLDINGS LLC, a Delaware limited liability company and indirect, wholly owned subsidiary of the Company (the “Additional Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as successor to Wells Fargo Bank Minnesota, National Association, as Trustee (the “Trustee”).
CONTRACT COMPLETION AGREEMENT AND GENERAL RELEASEContract Completion Agreement and General Release • March 23rd, 2007 • Merisant Co • Industrial organic chemicals • Illinois
This Contract Completion Agreement and General Release (“Agreement”) is entered into by and among Merisant Company (“Merisant”) and Anthony J. Nocchiero (“Nocchiero”).
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • March 31st, 2006 • Merisant Co • Industrial organic chemicals • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of March 29, 2006 (this “Supplemental Indenture”), among MERISANT COMPANY, a Delaware corporation (the “Company”), MERISANT US, INC., a Delaware corporation and wholly owned subsidiary of the Company (“Merisant US”), MERISANT FOREIGN HOLDINGS I, INC., a Delaware corporation and wholly owned subsidiary of the Company (“Merisant Foreign Holdings,” and together with Merisant US, the “Guarantors”), WHOLE EARTH SWEETENER COMPANY LLC, a Delaware limited liability company and wholly owned subsidiary of the Company (the “Additional Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as successor to Wells Fargo Bank Minnesota, National Association, as Trustee (the “Trustee”).
SECURITY AGREEMENT Dated as of June 23, 2006 among MERISANT COMPANY, as Borrower, and Each Other Grantor From Time to Time Party Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral AgentSecurity Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
SECURITY AGREEMENT, dated as of June 23, 2006 by Merisant Company, a Delaware corporation (the “Borrower”) and each of the other entities listed on the signature pages hereof or which becomes a party hereto pursuant to Section 7.10 (each a “Grantor” and, collectively, the “Grantors”), in favor of Wells Fargo Bank, National Association, as agent for the Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Collateral Agent”).
AMENDED AND RESTATED SECURITY AGREEMENT Dated as of June 23, 2006 amongSecurity Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of June 23, 2006, by MERISANT COMPANY, a Delaware corporation (the “Borrower”) and each of the other entities listed on the signature pages hereof or which becomes a party hereto pursuant to Section 7.10 (each a “Grantor” and, collectively, the “Grantors”), in favor of CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Secured Party”), as agent for the Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Administrative Agent”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • Delaware
This INTERCREDITOR AGREEMENT, is dated as of June 23, 2006, and entered into by and among Merisant Company, a Delaware corporation (the “Company”), Merisant Worldwide, Inc., a Delaware corporation (“Holdings”), as a Guarantor, the Subsidiary Grantors (as defined in Section 1 below) party hereto, CREDIT SUISSE, Cayman Islands Branch (“CS”), in its capacity as administrative agent (together with its successors and assigns from time to time, the “First Lien Agent”) for the First Lien Claimholders, and Wells Fargo Bank, National Association (“Wells Fargo”) in its capacity as collateral agent (together with its successors and assigns from time to time, the “Second Lien Collateral Agent”) for the Second Lien Claimholders. Capitalized terms used herein but not otherwise defined herein have the meanings set forth in Section 1 below.
DISTRIBUTION AGREEMENTDistribution Agreement • February 17th, 2006 • Merisant Co • Industrial organic chemicals • Illinois
This DISTRIBUTION AGREEMENT (this “Agreement”) is made and entered into as of this 14th day of February, 2006, by and between Merisant US, Inc., a Delaware corporation, having offices at 10 South Riverside Plaza, Suite 850, Chicago, Illinois 60606 (“Merisant”), and ACH Food Companies, Inc., a Delaware corporation, having its offices at 7171 Goodlett Farms Parkway, Memphis, Tennessee 38016 (“ACH”).
LIMITED WAIVER AND FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 31st, 2006 • Merisant Co • Industrial organic chemicals • New York
This LIMITED WAIVER AND FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), is dated as of March 29, 2006, among Merisant Company, a Delaware corporation (the “Borrower”), Merisant Worldwide, Inc., a Delaware corporation, formerly known as Tabletop Holdings, Inc. (“Holdings”), each of the Requisite Lenders listed on the signature page hereto and Credit Suisse, Cayman Islands Branch (formerly Credit Suisse First Boston), as agent for the Lenders and Issuers (in such capacity, the “Administrative Agent”).
85,000,000 SECOND LIEN CREDIT AGREEMENT Dated as of June 23, 2006 among MERISANT WORLDWIDE, INC., MERISANT COMPANY as Borrower, THE LENDERS PARTY HERETO, CREDIT SUISSE, as Administrative Agent, JEFFERIES & COMPANY, INC. and CREDIT SUISSE SECURITIES...Second Lien Credit Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
CREDIT AGREEMENT, dated as of June 23, 2006 among MERISANT COMPANY, a Delaware corporation (the “Borrower”), MERISANT WORLDWIDE, INC., a Delaware corporation (“Holdings”), the Lenders (as defined below), CREDIT SUISSE, a bank organized under the laws of Switzerland, as agent for the Lenders (“Credit Suisse”, and in such capacity, the “Administrative Agent”), JEFFERIES & COMPANY, INC. AND CREDIT SUISSE SECURITIES (USA) LLC, as joint lead arrangers (together in such capacities, the “Arrangers”), CREDIT SUISSE SECURITIES (USA) LLC, as syndication agent (in such capacity, the “Syndication Agent”) and as documentation agent (in such capacity, the “Documentation Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, the “Collateral Agent”).
ADVISORY AGREEMENTAdvisory Agreement • September 23rd, 2005 • Merisant Co • Industrial organic chemicals • New York
ADVISORY AGREEMENT, dated as of September 19, 2005 (“Agreement”), between Merisant Company, a Delaware corporation (“Merisant”), and Pegasus Capital Advisors, L.P., a Delaware limited partnership (“Pegasus”).
TERMINATION AGREEMENTTermination Agreement • April 4th, 2006 • Merisant Co • Industrial organic chemicals • Illinois
This Termination Agreement is made as of March 31, 2006 (this “Agreement”), by and between Merisant US, Inc., a Delaware corporation (“Merisant”), and Heinz U.S.A, a division of H.J. Heinz Company (“Heinz”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
This FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), is dated as of June 23, 2006, among Merisant Company, a Delaware corporation (the “Borrower”), Merisant Worldwide, Inc., a Delaware corporation, formerly known as Tabletop Holdings, Inc. (“Holdings”), the Subsidiary Guarantors named on the signature pages hereto, each of the Lenders listed on the signature page hereto and Credit Suisse, Cayman Islands Branch (formerly Credit Suisse First Boston), as agent for the Lenders and Issuers (in such capacity, the “Administrative Agent”).
