EXHIBIT 10.18 FIRST AMENDMENT TO CREDIT AGREEMENT This FIRST AMENDMENT TO CREDIT AGREEMENT (this "AMENDMENT"), dated as of July 2, 2004, among Merisant Company, a Delaware corporation (the "BORROWER"), Merisant Worldwide, Inc., a Delaware corporation,...Credit Agreement • December 8th, 2004 • Merisant Worldwide, Inc. • Industrial organic chemicals • New York
Exhibit 4.2 U.S.$136,040,000 TABLETOP HOLDINGS, INC. 12 1/4% SENIOR SUBORDINATED DISCOUNT NOTES DUE 2014 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 31st, 2004 • Tabletop Holdings Inc • New York
Exhibit 4.5 SHAREHOLDERS AGREEMENT THIS SHAREHOLDERS AGREEMENT (this "AGREEMENT") dated as of March 17, 2000 is by and among Tabletop Holdings Inc., a Delaware corporation (together with any corporate successor thereto, whether by merger,...Shareholders Agreement • March 31st, 2004 • Tabletop Holdings Inc • Delaware
Exhibit 10.29 CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT WAS OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION IN ACCORDANCE WITH RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 24b-2,...Supply Agreement • June 24th, 2005 • Merisant Worldwide, Inc. • Industrial organic chemicals • Illinois
Exhibit 4.6 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT") dated as of March 17, 2000 is by and among Tabletop Holdings, Inc., a Delaware corporation (together with any corporate successor thereto, whether by...Registration Rights Agreement • March 31st, 2004 • Tabletop Holdings Inc • Delaware
WITNESSETHSecurity Agreement • March 31st, 2004 • Tabletop Holdings Inc • New York
SUBLEASESublease • August 17th, 2005 • Merisant Worldwide, Inc. • Industrial organic chemicals • Missouri
Exhibit 10.30 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT dated as of July 18, 2005 (the "Effective Date") is made by and between Merisant Company, a Delaware corporation (the "Company"), and Anthony J. Nocchiero (the "Executive"). WHEREAS, the...Employment Agreement • July 22nd, 2005 • Merisant Worldwide, Inc. • Industrial organic chemicals • Illinois
Issuer 12 1/4% SENIOR SUBORDINATED DISCOUNT NOTES DUE 2014Indenture • March 31st, 2004 • Tabletop Holdings Inc • New York
MERISANT WORLDWIDE, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • August 10th, 2004 • Merisant Worldwide, Inc. • Industrial organic chemicals • Delaware
This Indemnification Agreement ("Agreement") is entered into as of the day of , 2004 by and between Merisant Worldwide, Inc., a Delaware corporation on behalf of itself and its wholly owned subsidiary Merisant Company (collectively the "Company") and ("Indemnitee").
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 9, 2007 among MERISANT WORLDWIDE, INC., MERISANT COMPANY as Borrower, THE LENDERS AND ISSUERS PARTY HERETO, CREDIT SUISSE, as Administrative Agent and Collateral Agent, CREDIT SUISSE SECURITIES...Credit Agreement • May 15th, 2007 • Merisant Worldwide, Inc. • Industrial organic chemicals • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 9, 2007 (this “Agreement”), among MERISANT COMPANY, a Delaware corporation (the “Borrower or “Merisant Company”), MERISANT WORLDWIDE, INC., a Delaware corporation (“Holdings” or “Merisant Worldwide”), the Lenders (as defined below), the Issuers (as defined below), CREDIT SUISSE, as administrative agent for the Lenders and the Issuers (in such capacity, the “Administrative Agent”) and as collateral agent for the Lenders and Issuers (in such capacity, the “Collateral Agent”) and CREDIT SUISSE SECURITIES (USA) LLC and JEFFERIES FINANCE LLC as co-arrangers (collectively, in such capacities, the “Arrangers”) CREDIT SUISSE SECURITIES (USA) LLC, as bookrunner and JEFFERIES FINANCE LLC, as documentation agent.
SECOND AMENDED AND RESTATED SUPPLY AGREEMENTSupply Agreement • August 10th, 2004 • Merisant Worldwide, Inc. • Industrial organic chemicals • Illinois
THIS SECOND AMENDED AND RESTATED SUPPLY AGREEMENT (this "Agreement") is made as of this 31st day of December, 2003, by and between Merisant Company, a Delaware corporation, having its principal place of business at 10 S. Riverside Plaza, Chicago, IL 60606 ("Merisant"), Merisant Company 1 Sarl, a company organized under the laws of Switzerland, having its principal place of business at Avenue J. J. Rousseau 7, 2000 Nechatel, Switzerland ("Swissco" and, together with Merisant, "Buyer"), and The NutraSweet Company, a Delaware corporation, having its principal place of business at 200 World Trade Center, The Merchandise Mart, Suite 936, Chicago, IL 60654 ("NSC").
FORM OF AMENDED AND RESTATED SHAREHOLDERS AGREEMENTShareholders Agreement • August 10th, 2004 • Merisant Worldwide, Inc. • Industrial organic chemicals • Delaware
THIS AMENDED AND RESTATED SHAREHOLDERS AGREEMENT (this "Agreement"), dated as of , 2004, is by and among Merisant Worldwide, Inc., a Delaware corporation formerly known as Tabletop Holdings, Inc. (together with any corporate successor thereto, whether by merger, consolidation, or otherwise, the "Company"), Tabletop Holdings, LLC, a Delaware limited liability company (the "LLC"), the persons named in Exhibit A as Initial Investors (the "Initial Investors") and the persons named in Exhibit A as Additional Investors (the "Additional Investors," and, together with the Initial Investors, the "Investors"). The Investors, together with the Company and the LLC, are hereinafter referred to as the "Parties." In this Agreement, "Shareholders" shall refer to the LLC and the Investors.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 8th, 2004 • Merisant Worldwide, Inc. • Industrial organic chemicals • New York
This SECOND AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), is dated as of October 20, 2004, 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 First Boston, as agent for the Lenders and Issuers (in such capacity, the "Administrative Agent").
EMPLOYMENT AGREEMENTEmployment Agreement • August 10th, 2007 • Merisant Worldwide, Inc. • 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”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 25th, 2005 • Merisant Worldwide, Inc. • Industrial organic chemicals • New York
This THIRD AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), is dated as of March 11, 2005, 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 First Boston, acting through its Cayman Islands Branch, as agent for the Lenders and Issuers (in such capacity, the "Administrative Agent").
SECOND SUPPLEMENTAL INDENTURESupplemental Indenture • March 31st, 2008 • Merisant Worldwide, Inc. • 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 Worldwide, Inc. • 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 Worldwide, Inc. • 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”).
EMPLOYMENT AGREEMENTEmployment Agreement • January 30th, 2006 • Merisant Worldwide, Inc. • Industrial organic chemicals • Illinois
EMPLOYMENT AGREEMENT, made this 24th day of January, 2006 by and between Merisant Company, a Delaware corporation (the “Company”), and Jonathan W. Cole (the “Executive”).
CONFIDENTIAL SEPARATION AGREEMENT AND GENERAL RELEASEConfidential Separation Agreement and General Release • June 24th, 2005 • Merisant Worldwide, Inc. • Industrial organic chemicals • Illinois
This Confidential Separation Agreement and General Release ("Agreement") is entered into by and among Merisant Company, Inc., a Delaware corporation ("Merisant"), Merisant US, Inc., a Delaware corporation and wholly-owned subsidiary of Merisant ("Merisant US"), Merisant Worldwide, Inc., a Delaware corporation and the parent of Merisant ("Worldwide") (Merisant, Merisant US and Worldwide collectively referred to herein as the "Company") and Warren Grayson ("Grayson").
RE: Separation of Employment and Release AgreementSeparation of Employment and Release Agreement • December 6th, 2005 • Merisant Worldwide, Inc. • Industrial organic chemicals • Illinois
This letter is to set forth the agreement between Merisant US, Inc., Merisant Company and Merisant Worldwide, Inc. (collectively referred to as the “Company”) and you with respect to your separation of employment from the Company. As of December 1, 2005, your job responsibilities as Executive Vice President, Global Human Resources and Communications will cease due to the elimination of your position in connection with the Company’s restructuring efforts. Upon execution of this Agreement and subject to your compliance with the terms and conditions set forth herein, you will be entitled to the payments and benefits set forth below:
Exhibit 10.8 CONTRACT COMPLETION AGREEMENT CONTRACT COMPLETION AGREEMENT dated as of June 1, 2003 between Merisant Company, a Delaware corporation (the "Company"), and Arnold W. Donald ("Donald"). WHEREAS, the Company is engaged in the business of...Contract Completion Agreement • March 31st, 2004 • Tabletop Holdings Inc • Illinois
AMENDED AND RESTATED SECURITY AGREEMENT among MERISANT COMPANY, as Borrower, and Each Other Grantor From Time to Time Party Hereto and CREDIT SUISSE as Collateral Agent Dated as of May 9, 2007Security Agreement • May 15th, 2007 • Merisant Worldwide, Inc. • Industrial organic chemicals • New York
AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of May 9, 2007, 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 7.12 (each a “Grantor” and, collectively, the “Grantors”), in favor of Credit Suisse, as agent for the Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Collateral Agent”).
LIMITED WAIVER AND FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 31st, 2006 • Merisant Worldwide, Inc. • 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”).
FORM OF AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 10th, 2004 • Merisant Worldwide, Inc. • Industrial organic chemicals • Delaware
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of , 2004 is by and among Merisant Worldwide, Inc., a Delaware corporation formerly known as Tabletop Holdings, Inc. (together with any corporate successor thereto, whether by merger, consolidation, or otherwise, the "Company"), Tabletop Holdings, LLC, a Delaware limited liability company (the "LLC"), the persons named in Exhibit A as Initial Investors (the "Initial Investors") and the persons named in Exhibit A as Additional Investors (the "Additional Investors," and, together with the Initial Investors, the "Investors"). The Investors, together with the Company and the LLC, are hereinafter referred to as the "Parties." Capitalized terms used but not otherwise defined herein have the meanings set forth in Section 8 hereof.
AGREEMENTChairman Services Agreement • March 31st, 2004 • Tabletop Holdings Inc • Illinois
