CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
Exhibit
10.5
CONSENT
AND SECOND AMENDMENT
TO
This
Consent and Second Amendment to Loan and Security Agreement (this "Amendment"),
dated
as of November 7, 2006, is by and between VISKASE COMPANIES, INC., a
Delaware corporation (the "Borrower"), and
XXXXX
FARGO FOOTHILL, INC., a
California corporation (the "Lender").
R
E C I T A L S
A. The
Borrower and the Lender are parties to that certain Loan and Security Agreement
dated as of June 29, 2004 (as amended or otherwise modified from time to
time,
the "Loan
Agreement").
B. The
Borrower has advised the Lender that the Borrower desires to raise additional
funds through the issuance of Series A Preferred Stock (the "Preferred
Stock")
pursuant to the terms of that certain Series A Preferred Stock Purchase
Agreement dated as of November 7, 2006 between the Borrower and the parties
identified therein as "Investors" (the "Series
A Purchase Agreement")
for
aggregate consideration of $24,000,000 (the "Preferred
A Issuance"),
the
proceeds of which will be used to pay down Advances, and to make Capital
Expenditures and Investments in Subsidiaries (including Foreign Subsidiaries),
in each case consistent with the provisions of the Loan Agreement.
C. The
Borrower has further advised the Lender that, subsequent to the Issuance,
the
Borrower intends to make rights offerings with respect to its common Stock
(collectively, the "Rights
Offering"),
the
proceeds of which will be used to (i) redeem the Preferred Stock and pay
certain
cash dividends thereon (the "Redemption")
and
(ii) make Capital Expenditures and Investments in Subsidiaries (including
Foreign Subsidiaries), in each case consistent with the provisions of the
Loan
Agreement.
D. The
Borrower has further advised the Lender that Viskase Mexico desires to commence
operating as a maquiladora.
E.
In
order
to permit, among other things, certain of the transactions described above,
the
Borrower intends to make certain amendments to the Indenture pursuant to
the
terms of that certain First Supplemental Indenture dated as of November 7,
2006
between the Borrower and LaSalle Bank National Association, as trustee and
collateral agent (the "First
Supplemental Indenture").
F. The
Borrower has requested that the Lender consent to (i) the consummation of
the
Redemption and (ii) the execution and delivery of the First Supplemental
Indenture by the parties thereto.
G. The
Borrower has further requested that the Lender agree to amend certain of
the
terms and provisions of the Loan Agreement as provided herein to, among other
things, (i) permit the making of Capital Expenditures and Investments in
Subsidiaries with proceeds of the Preferred A Issuance and the Rights Offering
and (ii) permit certain transfers between the Borrower and Viskase Mexico
consistent with Viskase Mexico's status as a maquiladora.
NOW,
THEREFORE,
in
consideration of the premises herein contained, and for other good and valuable
consideration (the receipt, sufficiency and adequacy of which are hereby
acknowledged), the parties hereto (intending to be legally bound) hereby
agree
as follows:
1.
Definitions.
Terms
capitalized herein and not otherwise defined herein shall have the meanings
ascribed to such terms in the Loan Agreement.
2.
Consent.
Subject
to the satisfaction of the conditions to effectiveness set forth in Sections
4
and 5 below, the Lender hereby consents to (i) the consummation of the
Redemption, so long as the Rights Offering is consummated at a time that
no
Event of Default is in existence, or would be caused by the consummation
thereof, and (ii) the execution and delivery of the First Supplemental Indenture
by the parties thereto. Except as expressly set forth in this Amendment,
the
foregoing consent shall not constitute (x) a modification or alteration of
the terms, conditions or covenants of the Loan Agreement or any of the Loan
Documents or (y) a waiver, release or limitation upon exercise by the
Lender of its rights, legal or equitable, except as to the matters to which
it
expressly consents in this Amendment.
3.
Amendments
to Loan Agreement.
Subject
to the satisfaction of the conditions to effectiveness set forth in Sections
4
and 5 below, the parties hereto hereby amend the Loan Agreement as
follows:
(a) Section
1.1
of the
Loan Agreement is hereby amended to add the following definitions in their
correct alphabetical position within such Section:
(i) "'Maquiladora'
means a
Mexican corporation which operates under a Maquila Program approved for such
corporation by the Mexican Secretariat of Commerce and Industrial
Development."
(ii) "'Maquila
Program'
means a
program which (i) permits foreign investment participation and management
of a
Mexican corporation and (ii) provides the Mexican corporation the benefit
of
special customs treatment for the import of inventory and equipment on a
temporary basis."
(b) Section
1.1
of the
Loan Agreement is hereby further amended to amend and restate the following
definitions appearing therein in their entirety to read as follows:
(i) "'Capital
Expenditures'
means,
with respect to any Person for any period, the aggregate of all expenditures
by
such Person and its Subsidiaries during such period that are capital
expenditures as determined in accordance with GAAP, whether such expenditures
are paid in cash or financed, other than (A) reinvestment of asset sale proceeds
permitted pursuant to Section
2.4(d),
(B)
capital expenditures made solely with the proceeds of insurance or condemnation
awards, to the extent permitted under Section
6.8,
(C)
capital expenditures that constitute Permitted Acquisitions and (D) capital
expenditures made solely with Net Cash Proceeds of the issuance of Stock
of
Borrower, which issuance is made at any time no Event of Default is in existence
or would be caused by the making thereof."
-2-
(ii) "'Notes'
means
those certain 11-1/2% Senior Secured Notes due 2011 of Borrower, as amended,
restated, supplemented or otherwise modified from time to time in accordance
with the terms hereof and in accordance with the terms of the Intercreditor
Agreement."
(c) The
definition of "Permitted Investments" in Section
1.1
of the
Loan Agreement is hereby amended to (i) delete the reference to "$11,000,000"
set forth in clause (i)(6) thereof, and insert in lieu thereof a reference
to
"$20,000,000", (ii) delete the word "and" at the end of clause
(j),
(iii)
delete the period at the end of
clause (k)
and add
the word "and" therefor and (iv) add the following new clause
(l) immediately
after clause
(k):
"(l) Investments
by Borrower or any U.S. Subsidiary in any Foreign Subsidiary, including,
without
limitation any Asian, Mexican or European Subsidiary, so long as such Investment
is funded with the Net Cash Proceeds of the issuance of any Stock of Borrower
(including transfers of equipment purchased with such Net Cash Proceeds),
so
long as such issuance is made at any time no Event of Default is in existence
or
would be caused by the making thereof (for purposes of clarity, Investments
in
Foreign Subsidiaries made under this clause (l) shall be in addition to,
and
shall not be included in the calculation of, the basket for Investments in
Foreign Subsidiaries provided in clause (i) above)."
(d) Section
7.1(d)(ii)
of the
Loan Agreement is hereby deleted in its entirety and the following is
substituted therefor:
"(ii)
such refinancings, renewals, or extensions do not result in an increase in
the
principal amount of, or interest rate with respect to, the Indebtedness so
refinanced, renewed, or extended; provided, however, that, subject to the
terms
of that certain Consent and Second Amendment to Loan and Security Agreement
between Lender and Borrower, the 8% Senior Notes may be refinanced by the
issuance of additional Notes, to the extent the issuance of such additional
Notes is permitted pursuant to the Intercreditor Agreement,"
-3-
(e) Section
7.1(g)
of the
Loan Agreement is hereby amended to (i) delete the word "and" at the end
of
clause (3), (ii) delete the period at the end of clause
(4)
and
substitute the word "and" therefor and (iii) add the following new clause
(5)
immediately after clause
(4):
"(5)
any
Foreign Subsidiary to Borrower to fund start-up costs and equipment purchases
so
long as such Indebtedness constitutes a Permitted Investment under clause
(l) of
the definition thereof."
(f) Section
7.1(j)
of the
Loan Agreement is hereby amended by deleting the reference therein to
"$2,000,000" and by inserting in lieu thereof a reference to
"$10,000,000".
(g) Section
7.1(k)
of the
Loan Agreement is hereby amended by deleting the reference therein to "$500,000"
and by inserting in lieu thereof a reference to "$2,000,000".
(h) Section
7.7(b)
of the
Loan Agreement is hereby deleted in its entirety and the following is
substituted therefor:
"(b) except
to
the extent permitted by the Intercreditor Agreement, directly or indirectly,
amend, modify, alter, increase or change any of the terms or conditions of
any
agreement, instrument, document, indenture or other writing evidencing or
concerning Indebtedness by the Notes; provided,
that,
without regard to any provisions of the Intercreditor Agreement, no such
amendment, modification, alteration, increase or change (other than pursuant
to
the provisions of Section
7.1(d)(ii)
above)
shall increase the outstanding principal amount of the Notes."
(i) Section
7.13
of the
Loan Agreement is hereby deleted in its entirety and the following is
substituted therefor:
"7.13
Transactions
with Affiliates.
Except
as otherwise expressly permitted herein, directly or indirectly enter into
or
permit to exist any transaction with any Affiliate of Borrower except for
transactions that (a) are in the ordinary course of Borrower's business,
(b) are
upon fair and reasonable terms, (c) are no less favorable to Borrower or
its
Subsidiaries, as applicable, than would be obtained in an arm's length
transaction with a non-Affiliate and (d) do not violate Section 7.10 hereof;
provided, that (x) transfers as part of between Borrower and Viskase Mexico
arising from or in connection with Viskase Mexico's operations as a Maquiladora
under a Maquiladora Program and (y) sales, transfers and contributions of
Inventory by Borrower or any Foreign Subsidiary to Borrower or any Foreign
Subsidiary, in each case, shall be deemed transactions with Affiliates permitted
pursuant to this Agreement."
-4-
(j) Schedule
5.5
to the
Loan Agreement is hereby amended by including the information set forth on
Exhibit
A
hereto.
4. Conditions
Precedent.
The
consents and amendments contained in Sections
2 and 3
above
are subject to, and contingent upon, the prior or contemporaneous satisfaction
of each of the following conditions precedent, each in form and substance
satisfactory to the Lender:
(a) The
Borrower and the Lender shall have executed and delivered to each other this
Amendment;
(b) The
Lender, LaSalle Bank National Association, in its capacity as collateral
agent,
the Borrower and the Subsidiaries of the Borrower party thereto shall have
entered into that certain First Amendment to Intercreditor Agreement of even
date herewith;
(c) The
Lender
shall have received fully executed copies of the Series A Purchase Agreement
and
the First Supplemental Indenture;
(d) The
Borrower shall have paid the Lender a fee in respect of the transactions
contemplated hereby in the amount of $50,000, which fee shall be due and
payable
on the date hereof and non-refundable upon the payment thereof (and, by the
execution and delivery hereof, the Borrower hereby authorizes and directs
the
Lender to make a Revolving Loan for purposes of satisfying in full the amount
of
such fee);
(e) The
Borrower shall have paid the Lender's legal counsel's fees incurred in
connection with this Amendment; and
(f) The
Borrower shall have satisfied any other conditions of the Lender required
in
connection with this Amendment.
5.
Condition
Subsequent.
The
consents and amendments contained in Sections
2 and 3
above
are subject to, and contingent upon, the consummation of the Preferred A
Issuance in accordance with the provisions of the Series A Purchase Agreement
on
or within ten (10) Business Days of the date hereof.
6.
Reference
to and Effect on the Loan Agreement.
Except
as expressly provided herein, the Loan Agreement and all of the Loan Documents
shall remain unmodified and continue in full force and effect and are hereby
ratified and confirmed. Except as expressly provided herein, the execution,
delivery and effectiveness of this Amendment shall not operate as a waiver
of:
(a) any right, power or remedy of the Lender under the Loan Agreement or
any of
the Loan Documents, or (b) any Default or Event of Default under the Loan
Agreement or any of the Loan Documents.
-5-
7.
Representations
and Warranties of the Borrower.
The
Borrower hereby represents and warrants to the Lender, which representations
and
warranties shall survive the execution and delivery of this Amendment, that
on
and as of the date hereof and after giving effect to this
Amendment:
(a) The
execution, delivery, and performance by Borrower of this Amendment have been
duly authorized by all necessary action on the part of Borrower.
(b) The
execution, delivery, and performance by Borrower of this Amendment does not
and
will not (i) violate any provision of federal, state, or local law or regulation
applicable to Borrower, the Governing Documents of Borrower, or any order,
judgment, or decree of any court or other Governmental Authority binding
on
Borrower, (ii) conflict with, result in a breach of, or constitute (with
due
notice or lapse of time or both) a default under any material contractual
obligation of Borrower, (iii) result in or require the creation or imposition
of
any Lien of any nature whatsoever upon any properties or assets of Borrower,
other than Permitted Liens, or (iv) require any approval of Borrower's interest
holders or any approval or consent of any Person under any material contractual
obligation of Borrower, other than consents or approvals that have been obtained
and that are still in force and effect.
(c) This
Amendment and all other documents contemplated hereby, when executed and
delivered by Borrower will be the legally valid and binding obligations of
Borrower, enforceable against Borrower in accordance with their respective
terms, except as enforcement may be limited by equitable principles or by
bankruptcy, insolvency, reorganization, moratorium, or similar laws relating
to
or limiting creditors' rights generally.
(d) The
representations and warranties of the Borrower set forth in the Loan Agreement
and in the Loan Documents are true, correct and complete, in all material
respects, on and as of the date hereof (except to the extent that such
representation and warranty relates solely to an earlier date); provided,
that
the references to the Loan Agreement therein shall be deemed to include the
Loan
Agreement as amended by this Amendment.
(e) The
Borrower acknowledges that the Lender is specifically relying upon the
representations, warranties and agreements contained in this Amendment and
that
such representations, warranties and agreements constitute a material inducement
to the Lender in entering into this Amendment.
-6-
8.
Release
by the Borrower.
In
further consideration of the Lender's execution of this Amendment, the Borrower
hereby waives any defense, right of set-off or claim against Lender, and
any of
its affiliates, directors, officers, employees, agents and representatives
existing as of the date hereof with respect to the Loan Agreement and the
Loan
Documents and Borrower hereby forever remises, releases, acquits, satisfies
and
forever discharges the Lender, and each of its successors, assigns, affiliates,
officers, employees, directors, agents and attorneys (collectively, the
"Releasees")
from
any and all claims, demands, liabilities, disputes, damages, suits,
controversies, penalties, fees, losses, costs, expenses, reasonable attorneys'
fees, actions and causes of action (whether at law or in equity) and obligations
of every nature whatsoever, whether liquidated or unliquidated, known or
unknown, matured or unmatured, fixed or contingent, that Borrower ever had,
now
has, or may have against or seek from any or all of the Releasees that arise
from or relate to any actions that any or all of the Releasees may have taken
or
omitted to take prior to the date this Amendment was executed (or otherwise)
with respect to the Obligations, any Collateral, the Loan Agreement and any
of
the Loan Documents, other than for the Lender's gross negligence or willful
misconduct.
9.
Reference
to Loan Agreement; No Waiver.
8.1
Upon
the
effectiveness of this Amendment, each
reference in the Loan Agreement to "this Loan Agreement," "hereunder," "hereof,"
"herein" or words of like import shall mean and be a reference to the Loan
Agreement as amended hereby. The term "Loan Documents" as defined in
Section
1.1
of the
Loan Agreement shall include (in addition to the Loan Documents described
in the
Loan Agreement) this Amendment and any other agreements, instruments or other
documents executed in connection herewith.
8.2
The
Lender's failure, at any time or times hereafter, to require strict performance
by the Borrower of any provision or term of the Loan Agreement, this Amendment
or the other Loan Documents shall not waive, affect or diminish any right
of the
Lender thereafter to demand strict compliance and performance therewith.
In no
event shall the Lender's execution and delivery of this Amendment establish
a
course of dealing among the Lender, the Borrower, or any other obligor or
in any
other way obligate the Lender to hereafter provide any amendments or waivers
with respect to the Loan Agreement. The terms and provisions of this Amendment
shall be limited precisely as written and shall not be deemed: (A) to be
a
consent to a modification, amendment or waiver of any other term or condition
of
the Loan Agreement or of any other Loan Documents, or (B) to prejudice any
right
or remedy that the Lender or any Lender may now have under or in connection
with
the Loan Agreement or any of the other Loan Documents.
10.
Successors
and Assigns; Amendment.
This
Amendment shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns; provided,
however,
Borrower may not assign this Amendment or any of its respective rights hereunder
without the Lender's prior written consent. Any prohibited assignment of
this
Amendment shall be absolutely null and void. This Amendment may only be amended
or modified by a writing signed by the Lender and the Borrower.
-7-
11. Severability;
Construction.
Wherever possible, each provision of this Amendment shall be interpreted
in such
a manner so as to be effective and valid under applicable law, but if any
provision of this Amendment is held to be prohibited by or invalid under
applicable law, such provision or provisions shall be ineffective only to
the
extent of such provision and invalidity, without invalidating the remainder
of
this Amendment. Neither this Amendment nor any uncertainty or ambiguity herein
shall be construed or resolved against Lender, whether under any rule of
construction or otherwise. On the contrary, this Amendment has been reviewed
by
all parties hereto and shall be construed and interpreted according to the
ordinary meaning of the words used so as to fairly accomplish the purposes
and
intentions of the parties hereto.
12. Counterparts;
Facsimile.
This
Amendment may be executed in one or more counterparts, each of which taken
together shall constitute one and the same instrument. Delivery of an executed
counterpart of this Amendment by telefacsimile shall be equally as effective
as
delivery of a manually executed counterpart of this Amendment. Any party
delivering an executed counterpart of this Amendment by telefacsimile shall
also
deliver a manually executed counterpart of this Amendment, but the failure
to
deliver a manually executed counterpart shall not affect the validity,
enforceability or binding effect of this Amendment.
13.
CHOICE
OF LAW AND VENUE; JURY TRIAL WAIVER.
(a) THE
VALIDITY OF THIS AMENDMENT, THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT
HEREOF, AND THE RIGHTS OF THE PARTIES HERETO WITH RESPECT TO ALL MATTERS
ARISING
HEREUNDER OR RELATED HERETO SHALL BE DETERMINED UNDER, GOVERNED BY, AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
ILLINOIS.
(b) THE
PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH
THIS
AMENDMENT SHALL BE TRIED AND LITIGATED ONLY IN THE STATE AND, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, FEDERAL COURTS LOCATED IN THE COUNTY OF XXXX,
STATE
OF ILLINOIS, PROVIDED, HOWEVER, THAT ANY SUIT SEEKING ENFORCEMENT AGAINST
ANY
BORROWER COLLATERAL OR OTHER PROPERTY MAY BE BROUGHT, AT LENDER'S OPTION,
IN THE
COURTS OF ANY JURISDICTION WHERE LENDER ELECTS TO BRING SUCH ACTION OR WHERE
BORROWER'S COLLATERAL OR OTHER PROPERTY MAY BE FOUND. BORROWER AND THE LENDER
WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY RIGHT EACH MAY HAVE
TO
ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE
EXTENT
ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS SECTION
13(b).
-8-
(c) BORROWER
AND THE LENDER HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY
CLAIM
OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY OF
THE
TRANSACTIONS CONTEMPLATED HEREIN, INCLUDING CONTRACT CLAIMS, TORT CLAIMS,
BREACH
OF DUTY CLAIMS, AND ALL OTHER COMMON LAW OR STATUTORY CLAIMS. BORROWER AND
THE
LENDER REPRESENT THAT EACH HAS REVIEWED THIS WAIVER AND EACH KNOWINGLY AND
VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL
COUNSEL. IN THE EVENT OF LITIGATION, A COPY OF THIS AMENDMENT MAY BE FILED
AS A
WRITTEN CONSENT TO A TRIAL BY THE COURT.
[Signature
Pages Follow]
-9-
IN
WITNESS WHEREOF,
the
undersigned have caused this Amendment to be duly executed and delivered
as of
the date first above written.
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VISKASE
COMPANIES, INC.,
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a
Delaware corporation, as Borrower
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By:
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/s/
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Title:
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XXXXX
FARGO FOOTHILL, INC.,
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a
California corporation, as Lender
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By:
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/s/
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Title:
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Exhibit
A
Amended
and Restated Schedule 5.5 to Loan and Security
Agreement
Location
of Inventory and Equipment
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Xxxxx
Xxxx Xxxxxx, Xxxxx 000
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Xxxxxx,
Xxxxxxxx 00000 (Du Page County)
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000
Xxxxx Xxxxx
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Xxxx
Xxxxx, Xxxxxxxx 00000 (Du Page County)
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000
Xxxxx Xxxx Xxxxx
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Xxxxxx,
Xxxxxxxxx 00000 (Loudon County)
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0000
Xxxx Xxxxx Xxxxxxx 000
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Xxxxxxx,
Xxxxxxxx 00000-0000 (Mississippi County)
|
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|
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000
Xxxx Xxxxxx Xxxxxx
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Xxxxxxxx,
Xxxxxxx 00000 (Xxxxxx County)
|
|
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0000
Xxxxxxxx Xxxxxxx
|
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Xxxxxxx,
XX 00000 (Xxxxxx County)
|
|
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000
Xxxxxxx Xxxxxx
|
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Xxxxxxx,
XX 00000 (Erie County)
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0000
Xxxxx Xxxxxxxx
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Xxxxxx,
XX 00000 (Fresno County)
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0000
Xxxx X.X. Xxxxxxx 00
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Xxxxxxxxx,
XX 00000 (Jasper County)
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0000
Xxxxxx Xxxxxx
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Xxxxxxxxx,
Xxxxxxxxxxxx X0X 0X0
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Xxxxxx
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000
Xxxxxxxx Xxxxxx Xxxx
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Xxxxxxx,
Xxxxxxx X0X 0X0
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Xxxxxx
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Viskase
del Norte, S.A. de C.V.
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Avenida
Nexxus 125
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Parque
Industrial Nexxus XXI
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Xxxxxxxx,
X.X. 00000
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Xxxxxx
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Xxxxxx
Star Distribution
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0000
Xxxxx Xxxxxxxx
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Xxxxxx,
XX 00000
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(Public
Warehouse)
|
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|
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Xxxxx
Transport
|
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0000
X. X.X. Xxxxxxx 00
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Xxxxxxxxx,
XX 00000
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(Public
Warehouse)
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Warehouse
Basics
|
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0000
Xxxxxxxx Xxxxxxx
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Xxxxxxx,
XX 00000
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(Public
Warehouse)
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Xxxxxxx
(Canada) Ltd.
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0000
Xxxxxx Xxxxxx
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Xxxxxxxxx,
XX X0X0X0
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(Public
Warehouse)
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AVRA
Warehouse
|
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000
Xxx Xxxxxx
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Xxxx
Xxxxx, XX 00000
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(Public
Warehouse)
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United
Warehouse
|
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000
Xxxxxxxxxxxx Xxxxxx
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Xxxxxxx,
XX 00000
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(Public
Warehouse)
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Xxxxxx
Enterprises
|
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0000
Xxxx Xxxx Xxxxxx
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Xxxxxxxxxxx,
XX 00000
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(Public
Warehouse
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Xxxx
Xxx Foods
|
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c/o
BMS Warehouse
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0000
Xxxxx Xxxxxxx Xxxx
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Xxxxx
Xxxxxx, XX 00000
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(Public
Warehouse)
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Xxxx
Xxx Foods
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c/o
Verst Group Logistics
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000
Xxxxxxxx Xx.
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Xxxxxx,
XX 00000
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(Public
Warehouse)
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Niagra
Tying Service
|
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000
Xxxxxxx Xx
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Xxxxxxx,
XX 00000
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(Converter)
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Casing
Tying Service, Inc.
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00
Xxxxxxxx Xxxxxx
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Xxxxxxxx,
XX 00000
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(Converter)
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|
Xxxxxxxxxx
Tie Service, Inc.
|
|
|
0000
X. Xxxxxxxx Xxxxxx
|
|
|
Xxxxxxx
Xxxx, XX 00000
|
|
|
(Converter)
|
|
|
|
|
Scotnet
|
|
|
000
Xxxxxxx Xxxx
|
|
|
Xxxxxxx,
XX 00000
|
|
|
(Converter)
|
|
|
|
|
|
Xxxxxx’x
Warehousing
|
|
|
0000
Xxxxxx Xxxx
|
|
|
Xxxxxxxxx,
XX 00000
|
|
|
(Customer’s
Public Warehouse)
|
|
|
|
|
|
Love
Box Co.
|
|
|
0000
X. Xxxxxxx Xxxx, Xxxx 0
|
|
|
Xxxxxxxx,
XX 00000
|
|
|
(Customer’s
Public Warehouse)
|
|
|
|
|
|
Vienna
Sausage Mfg. Co.
|
|
|
0000
X. Xxxxx Xxx.
|
|
|
Xxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Cumberland
Gap Provision Co.
|
|
|
Xxxxx
00xx Xxxxxx
|
|
|
Xxxxxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Dakota
Pork Industries
|
|
|
000
Xxxx Xxxxxx Xxxxxx
|
|
|
Xxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Xxxxxxx
& Co. Inc.
|
|
|
000-000
Xxxxx Xxxxxx
|
|
|
Xxxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
Xxxxxxxx
of Smithfield LTD
|
|
|
0000
Xxxxxxxx Xxxx
|
|
|
Xxxxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Bar-S-Foods
Co.
|
|
|
000
Xxxxx Xxxxxx Xxxxxx
|
|
|
Xxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Best
Kosher Foods Corp.
|
|
|
0000
X. Xxxxxx Xxxxxx and 0000 Xxxx Xxxxxxxx
|
|
|
Xxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Xxxx
Xxxxxxx & Company
|
|
|
0000
X. Xxxxx Xxxxxx
|
|
|
Xxxxx
Xxxxx, XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
The
Dial Corporation
|
|
|
Xxxxx
XX 00 Xxxxx
|
|
|
Xxxx
Xxxxxxx, XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Hillshire
Farms & Xxxx’x Co.
|
|
|
0000
Xxxxxx Xxxxx
|
|
|
Xxxxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
IBP
Foods, Inc.
|
|
|
0000
Xxx Xxxxxxxxxx Xxxxx XX
|
|
|
Xxxxx
Xxxxxx, XX 00000
|
|
|
(Customer)
|
|
|
|
|
St.
Xxxxxx Foods
|
|
|
0000
Xxxxxxxx Xxxxxx
|
|
|
Xxxxx
Xxxxxx, XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Berks
Packing Company, Inc.
|
|
|
000
Xxxxxxxx Xxxxxx
|
|
|
Xxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Conagra
Broiler Company
|
|
|
0000
Xxxxxxxxxxxx Xxxx
|
|
|
Xxxxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Xxxx
Xxx Foods - Cincinnati Facility
|
|
|
0000
Xxxxxx Xxxxx
|
|
|
Xxxxxxxxxx,
XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Xxxx
Xxx Foods - St. Xxxxxx Facility
|
|
|
0000
Xxxxxxxx Xxxxxx
|
|
|
Xxxxx
Xxxxxx, XX 00000
|
|
|
(Customer)
|
|
|
|
|
|
Farmland
Foods
|
|
|
0000
Xxxxx Xxxxxxxx
|
|
|
Xxxxxxx,
XX 00000-0000
|
|
|
(Customer)
|
|
