ISDA. International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of September 6, 2013Master Agreement • April 29th, 2021 • Arcos Dorados Holdings Inc. • Retail-eating places
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 11, 2020 among ARCOS DORADOS HOLDINGS INC., as Borrower CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors and JPMORGAN CHASE BANK, N.A., as LenderCredit Agreement • April 29th, 2021 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
Exhibit D-2 Form of Brazilian Internal Counsel Opinion Exhibit D-3 Form of British Virgin Islands Counsel Opinion Exhibit E Form of Subsidiary Joinder Agreement
ARCOS DORADOS HOLDINGS INC. (a BVI business company) [—] Shares of Class A Shares UNDERWRITING AGREEMENTUnderwriting Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS AMENDED AND RESTATED ESCROW AGREEMENT (together with all Exhibits hereto, the “Agreement”), dated as of October 12, 2010, among McDonald’s Latin America, LLC, a limited liability company organized under the laws of the State of Delaware with its principal office at Oak Brook, Illinois (“McDonald’s”), LatAm, LLC, a limited liability company organized under the laws of the State of Delaware with its principal office at Miami, Florida (“Master Franchisee”), each of the Escrowed MF Subsidiaries, organized in the jurisdictions, and with their respective principal offices at the location, specified in Exhibit 1 hereto (the “Escrowed MF Subsidiaries”), Arcos Dorados Restaurantes de Chile Ltda., a company organized under the laws of Chile (“Arcos de Chile”), Arcos Dorados B.V., a company organized under the laws of the Netherlands with its principal office at Amsterdam, The Netherlands (“Owner”), Deutsche Bank Trust Company Americas, as collateral agent under the Secured Credit Documents
LETTER OF CREDIT REIMBURSEMENT AGREEMENT between ARCOS DORADOS B.V. and CREDIT SUISSE, acting through its CAYMAN ISLANDS BRANCH dated as of August 3, 2007Arcos Dorados Holdings Inc. • March 25th, 2011 • Retail-eating places • New York
LETTER OF CREDIT REIMBURSEMENT AGREEMENT, dated as of August 3, 2007 (as amended, restated or otherwise modified from time to time, this “Agreement”), between ARCOS DORADOS B.V., a private company With limited liability (besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands (together with its successors and assigns, the “Obligor”), and CREDIT SUISSE, acting through its CAYMAN ISLANDS BRANCH (together with its branches, agencies, successors and assigns, the “Bank”).
Date: March 23, 2011 The Los Laureles Voting Trust Los Laureles, Ltd. (Settlor) Arias Fabrega & Fabrega Trust Co. (BVI) Limited (Voting Trustee) Voting Trust InstrumentVoting Trust Instrument • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • Virgin Islands
This VOTING TRUST INSTRUMENT (“this Instrument”) is made on this 23rd day of March, 2011 by and between Los Laureles, Ltd., a British Virgin Islands company (the “Settlor”), and Arias Fabrega & Fabrega Trust Co. (BVI) Limited, as voting trustee (in such capacity and with its successor(s) being hereinafter referred to as the “Voting Trustee”) of the voting trust created hereunder (the “Voting Trust”).
Date: October 12, 2010 To: ARCOS DORADOS BV c/o Arcos Dorados Argentina S.A. Attn: Miguel Sanchez de Bustamante; Diego Pace; Julieta Nalband Roque Saenz Peña 432 Olivos - Buenos Aires Argentina - B1636FFB Subject: NON-DELIVERABLE CROSS CURRENCY SWAP...Letter Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between us on the Trade Date specified below (the “Transaction”).
ARCOS DORADOS HOLDINGS INC. as Issuer THE SUBSIDIARY GUARANTORS named herein and CITIBANK N.A. as Trustee, Registrar, Paying Agent and Transfer Agent INDENTURE Dated as of April 4, 2017Indenture • April 27th, 2017 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
INDENTURE, dated as of April 4, 2017, among Arcos Dorados Holdings Inc., a British Virgin Islands business company (the “Company”), the Subsidiary Guarantors named herein (as defined below) and Citibank, N.A., a national banking association as trustee (the “Trustee”), registrar (the “Registrar”), paying agent and transfer agent.
Date: 30 December 2009 To: Arcos Dorados B.V. From: Morgan Stanley & Co. International Plc Account Number: 0617SAV70 20, Cabot Square Canary Wharf London E14 4QW Attn: Julieta Nalband Contact: Baltimore Derivative Dealer Services Group Email...Arcos Dorados Holdings Inc. • March 25th, 2011 • Retail-eating places
The purpose of this letter agreement is to set forth the terms and conditions of the Transaction entered into between us on the Trade Date referred to below. This letter constitutes a “Confirmation” as referred to in the Agreement specified below.
WAIVER AND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 29th, 2016 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS WAIVER AND AMENDMENT TO CREDIT AGREEMENT is made and dated as of March 16, 2016 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and JPMORGAN CHASE BANK, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 31, 2015 (as the same has been amended prior to the date hereof and may be further amended or modified from time to time, the “Credit Agreement”).
FIFTH AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENTCredit Reimbursement Agreement • April 28th, 2023 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
FIFTH AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENT, dated as of July 20, 2022 (this “Amendment”), between ARCOS DORADOS B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands (together with its successors and assigns, the “Obligor”) and CREDIT SUISSE, acting through its CAYMAN ISLANDS BRANCH (together with its branches, agencies, successors and assigns, the “Bank”).
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 27th, 2018 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT is made and dated as of August 1, 2017 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkh eid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and BANK OF AMERICA, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 3, 2011 (as the same has been amended prior to the date hereof and may be further amended or modified from time to time, the “Credit Agreement”).
CONTINUING STANDBY LETTER OF CREDIT AGREEMENTArcos Dorados Holdings Inc. • April 29th, 2021 • Retail-eating places • New York
In consideration of the issuance by you, Itaú Unibanco S.A. New York Branch (the “Bank”), in your sole discretion, of an irrevocable standby letter of credit in order to secure any and all obligations of the undersigned, Arcos Dorados B.V. (the “Applicant”, “us” or “we”) to McDonald’s Latin America, LLC (the “Beneficiary”) arising upon the occurrence of any of the events expressly set forth under Section 7.9.2 of the Amended and Restated Master Franchise Agreement for McDonald’s Restaurants among McDonald’s Latin America, LLC, LatAm, LLC, the subsidiaries listed in Exhibit I thereto, Arcos Dorados Holdings Inc., Arcos Dorados Cooperatieve U.A., Arcos Dorados B.V. and Los Laureles Ltd., dated as of November 10, 2008 (the “Master Franchise Agreement” and the “Underlying Obligations”, respectively), substantially in accordance with the terms and conditions provided by the Applicant in the application, duly executed by authorized signatories of the Applicant in the form of Exhibit A hereto
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 27th, 2017 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT is made and dated as of August 1, 2016 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and BANK OF AMERICA, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 3, 2011 (as the same has been amended prior to the date hereof and may be further amended or modified from time to time, the “Credit Agreement”).
CREDIT SUPPORT ANNEX to the Schedule to the Master Agreement dated as of December 14, 2009 betweenMaster Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places
ISDA®2002 Master Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
ISDA International Swaps and Derivatives Association, Inc. SCHEDULE to the Master Agreement dated as of September 6, 2013 between CITIBANK, N.A. (“Party A”) and ARCOS DORADOS HOLDINGS INC. (“Party B”)Arcos Dorados Holdings Inc. • April 29th, 2021 • Retail-eating places • New York
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MASTER FRANCHISE AGREEMENT FOR McDONALD’S RESTAURANTSMaster Franchise Agreement • October 7th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • Illinois
THIS AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MASTER FRANCHISE AGREEMENT FOR McDONALD’S RESTAURANTS, dated as of June 3, 2011 (this “Amendment”) among McDonald’s Latin America, LLC, a limited liability company organized under the laws of the State of Delaware with its principal office at Oak Brook, Illinois (“McDonald’s”), LatAm, LLC, a limited liability company organized under the laws of the State of Delaware with its principal office at Miami, Florida (“Master Franchisee”), each of the MF Subsidiaries (as defined in the MFA (as defined below)), Arcos Dorados Trinidad Limited, a company organized under the laws of the Republic of Trinidad and Tobago, with its principal office at Eleven Albion Corner Dere & Albion, St. Port of Spain, Trinidad, Arcos Dorados B.V., a company organized under the laws of the Netherlands with its principal office at Amsterdam, The Netherlands (“Owner”), Arcos Dorados Cooperatieve U.A., a cooperative organized under the laws of the Netherlands with its p
FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 29th, 2024 • Arcos Dorados Holdings Inc. • Retail-eating places
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and dated as of February 15, 2024, among ARCOS DORADOS HOLDINGS INC., a company incorporated under the laws of the British Virgin Islands (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and JPMORGAN CHASE BANK, N.A., as lender (the “Lender”) and amends that certain Amended and Restated Credit Agreement dated as of December 11, 2020, among the Borrower, the Guarantors and the Lender (as amended or modified from time to time, the “Credit Agreement”).
McDonald’s Latin America, LLCArcos Dorados Holdings Inc. • April 29th, 2015 • Retail-eating places • Illinois
Reference is made to the Amended and Restated Master Franchise Agreement, dated as of November 10, 2008, among McDonald’s Latin America, LLC (“MLA”), LatAm, LLC (“Master Franchisee”) and the other parties named therein (as amended, the “MFA”). Capitalized terms used in this letter agreement and not defined herein have the meanings ascribed to them in the MFA.
ARCOS DORADOS HOLDINGS INC. as Issuer THE SUBSIDIARY GUARANTORS named herein CITIBANK N.A. as Trustee, Calculation Agent, Registrar, Paying Agent and Transfer Agent and DEXIA BANQUE INTERNATIONALE À LUXEMBOURG, SOCIÉTÉ ANONYME as Luxembourg Paying...Indenture • October 7th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
INDENTURE, dated as of July 13, 2011, among Arcos Dorados Holdings Inc., a British Virgin Islands business company (the “Company”), the Subsidiary Guarantors named herein (as defined below), Citibank, N.A., a national banking association as trustee (the “Trustee”), calculation agent (the “Calculation Agent”), registrar (the “Registrar”), paying agent and transfer agent, and Dexia Banque Internationale à Luxembourg, société anonyme, as Luxembourg paying agent (the “Luxembourg Paying Agent”).
ARCOS DORADOS HOLDINGS INC. (a BVI business company) [ ] Shares of Class A Shares UNDERWRITING AGREEMENTUnderwriting Agreement • October 17th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 28th, 2014 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT is made and dated as of August 2, 2013 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and BANK OF AMERICA, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 3, 2011 (as the same has been amended prior to the date hereof and may be further amended or modified from time to time, the “Credit Agreement”).
THIRD AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENTCredit Reimbursement Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIRD AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENT, dated as of July 8, 2009 (this “Amendment”), between ARCOS DORADOS B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands (together with its successors and assigns, the “Obligor”) and CREDIT SUISSE, acting through its CAYMAN ISLANDS BRANCH (together with its branches, agencies, successors and assigns, the “Bank”). Capitalized terms used but not defined herein shall have the meaning assigned to such terms in the LOCRA (as defined below),
U.S.$50,000,000 CREDIT AGREEMENT dated as of August 3, 2011 among ARCOS DORADOS B.V., as Borrower CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors and BANK OF AMERICA, N.A., as LenderCredit Agreement • April 26th, 2013 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
CREDIT AGREEMENT, dated as of August 3, 2011 (the “Agreement”), among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), (b) CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors (as defined below), and BANK OF AMERICA, N.A., as lender (the “Lender”).
AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENTLetter of Credit Reimbursement Agreement • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENT, dated as of November 3, 2008 (this “Amendment”), between ARCOS DORADOS B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands (together with its successors and assigns, the “Obligor”) and CREDIT SUISSE, acting through its CAYMAN ISLANDS BRANCH (together with its branches, agencies, successors and assigns, the “Bank”).
Date: October 12, 2010 To: ARCOS DORADOS BV c/o Arcos Dorados Argentina S.A. Attn: Miguel Sanchez de Bustamante; Diego Pace; Julieta Nalband Roque Saenz Peña 432 Olivos - Buenos Aires Argentina - B 1636FFB Subject: NON-DELIVERABLE CROSS CURRENCY SWAP...Arcos Dorados Holdings Inc. • March 25th, 2011 • Retail-eating places
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between us on the Trade Date specified below (the “Transaction”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 29th, 2015 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT is made and dated as of July 28, 2014 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and BANK OF AMERICA, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 3, 2011 (as the same has been amended prior to the date hereof and may be further amended or modified from time to time, the “Credit Agreement”).
AMENDMENT NO. 3 TO THE AMENDED AND RESTATED MASTER FRANCHISE AGREEMENT FOR McDONALD’S RESTAURANTSMaster Franchise Agreement • April 29th, 2016 • Arcos Dorados Holdings Inc. • Retail-eating places • Illinois
THIS AMENDMENT NO. 3 TO THE AMENDED AND RESTATED MASTER FRANCHISE AGREEMENT FOR McDONALD’S RESTAURANTS, dated as of March 17, 2016 among McDonald’s Latin America, LLC, a limited liability company organized under the laws of the State of Delaware with its principal office at Oak Brook, Illinois (“McDonald’s”), LatAm, LLC, a limited liability company organized under the laws of the State of Delaware with its principal office at Miami, Florida (“Master Franchisee”), each of the MF Subsidiaries (as defined in the MFA (as defined below)), Arcos Dorados B.V., a company organized under the laws of the Netherlands with its principal office at Amsterdam, The Netherlands (“Owner”), Arcos Dorados Cooperatieve U.A., a cooperative organized under the laws of the Netherlands with its principal office at Amsterdam, The Netherlands (“Dutch Coop”), Arcos Dorados Holdings Inc. (as successor-in-interest to Arcos Dorados Limited), a company organized and existing under the laws of the British Virgin Islan
Date: 30 December 2009 To: Areas Dorados B.V. From: Morgan Stanley & Co. International Plc Account Number: 0617SAV70 20, Cabot Square Canary Wharf London E14 4QW Attn: Julieta Nalband Contact: Baltimore Derivative Dealer Services Group Email:...Arcos Dorados Holdings Inc. • March 25th, 2011 • Retail-eating places
The purpose of this letter agreement is to set forth the terms and conditions of the Transaction entered into between us on the Trade Date referred to below. This letter constitutes a “Confirmation” as referred to in the Agreement specified below.
ACCESSION AGREEMENTAccession Agreement • April 26th, 2019 • Arcos Dorados Holdings Inc. • Retail-eating places • Illinois
This ACCESSION AGREEMENT (this “Accession Agreement”), dated as of March 21, 2018, is hereby executed and delivered by Arcos Dorados Group B.V., a company organized and existing under the laws of Curaçao (the “New Owner Entity”), pursuant to the Amended and Restated Master Franchise Agreement for McDonald’s Restaurants, dated as of November 10, 2008 (as amended or otherwise modified from time to time, the “MFA”) by and among Arcos Dorados B.V., as Owner (“Owner”); McDonald’s Latin America, LLC (“McDonald’s”); LatAm, LLC, as Master Franchisee; each of the MF Subsidiaries; Arcos Dorados Limited (predecessor of Arcos Dorados Holdings, Inc.), as Parent; and the other parties signatories thereto. Terms used and not otherwise defined herein shall have the meaning given to them in the MFA.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 29th, 2016 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT is made and dated as of July 30, 2015 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and BANK OF AMERICA, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 3, 2011 (as the same has been amended prior to the date hereof and may be further amended or modified from time to time, the “Credit Agreement”).
ARCOS DORADOS B.V. as Issuer THE SUBSIDIARY GUARANTORS named herein CITIBANK N.A. as Trustee, Registrar, Paying Agent and Transfer Agent and DEXIA BANQUE INTERNATIONALE À LUXEMBOURG, SOCIÉTÉ ANONYME as Luxembourg Paying Agent INDENTURE Dated as of...Indenture • March 25th, 2011 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
INDENTURE, dated as of October 1, 2009, between Arcos Dorados B.V., a besloten vennootschap organized and existing under the laws of the Netherlands (the “Company”), the Subsidiary Guarantors named herein (as defined below), Citibank, N.A., a national banking association as trustee (the “Trustee”), registrar (the “Registrar”), paying agent and transfer agent, Dexia Banque Internationale à Luxembourg, société anonyme, as Luxembourg paying agent (the “Luxembourg Paying Agent”).
REVOLVING CREDIT FACILITY AGREEMENT NR. AGE1491494Arcos Dorados Holdings Inc. • April 29th, 2024 • Retail-eating places
This Revolving Credit Facility Agreement (as amended, supplemented or otherwise modified from time to time, the “Agreement”) is made as of April 15, 2024 (the “Execution Date”) by and between the Lender and the Borrower.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 26th, 2013 • Arcos Dorados Holdings Inc. • Retail-eating places • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT is made and dated as of August 3, 2012 (the “Amendment”) among ARCOS DORADOS B.V., a private company with limited liability (besloten venootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands with seat in Amsterdam (the “Borrower”), certain subsidiaries of the Borrower as guarantors (the “Guarantors”), and BANK OF AMERICA, N.A., as lender (the “Lender”) and amends that certain Credit Agreement dated as of August 3, 2011 (as the same may be further amended or modified from time to time, the “Credit Agreement”).
