Amendment #3 to Chiquita Brands International, Inc. Common Stock Warrant Agreement
Exhibit 4.1
Amendment #3 to Xxxxxxxx Brands International, Inc.
Common Stock Warrant Agreement
This Amendment #3 to the Xxxxxxxx Brands International, Inc. Common Stock Warrant Agreement (the “Amendment”) is made as of September 21, 2007 by and between Xxxxxxxx Brands International, Inc., a New Jersey corporation (the “Company”), and Xxxxx Fargo Bank, National Association, a national banking association (“Xxxxx Fargo”). Any capitalized terms not defined herein shall have the meaning set forth in the Xxxxxxxx Brands International, Inc. Common Stock Warrant Agreement (the “Agreement”) dated as of March 19, 2002 by and between the Company and American Security Transfer Company Limited Partnership, as amended June 24, 2005, and as further amended March 27, 2006.
1. A new Section 1.6 is hereby added to the Agreement, which section shall state the following:
2. The definition “Warrant Certificates” appearing in Article VII of the Agreement shall be amended in its entirety to state the following:
“Warrant Certificates” shall have the meaning provided in the preamble, and may be evidenced by book-entry statements, transaction advices or any other evidence of issuance and registration through the Direct Registration System on the Company’s records as maintained by the Transfer Agent.
[SIGNATURE PAGE FOLLOWS]
XXXXXXXX BRANDS INTERNATIONAL, INC. | ||
By: | /s/ Xxxxx X. Xxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxx | |
Title: | Senior Vice President, General Counsel and Secretary |
Attest: | ||
/s/ Xxxxxxx X. Xxxxxxx | ||
Name: | Xxxxxxx X. Xxxxxxx | |
Title: | Assistant Secretary |
XXXXX FARGO BANK, NATIONAL ASSOCIATION | ||
By: | /s/ Xxxxx Xxxx | |
Name: | Xxxxx Xxxx | |
Title: | Assistant Vice President |
Attest: | ||
/s/ Xxxxx Xxxxx | ||
Name: | Xxxxx Xxxxx | |
Title: | Assistant Vice President |