SECOND AMENDMENT AGREEMENTSecond Amendment Agreement • June 17th, 2008 • Seneca Foods Corp /Ny/ • Canned, fruits, veg, preserves, jams & jellies • New York
SECOND AMENDMENT AGREEMENT (this “Agreement”) dated as of April 28, 2008 by and among (1) Seneca Foods Corporation, Seneca Snack Company and Seneca Foods, LLC (formerly known as Signature Fruit Company, LLC) (collectively, the “Borrowers”), (2) the lending institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”), (3) Bank of America, N.A. (“Bank of America”) as administrative agent (the “Administrative Agent”) for the Lenders and (4) Bank of America as collateral agent for the Lenders and as an Issuing Bank and as Swing Line Lender (in such respective capacities, the “Collateral Agent”, an “Issuing Bank” and/or “Swing Line Lender” as the case may be) with respect to a certain Amended and Restated Revolving Credit Agreement dated as of August 18, 2006, by and among the Borrowers, the Lenders, the Administrative Agent, the Collateral Agent, the Issuing Bank and the Documentation Agent party thereto, as amended by
SEVENTH AMENDMENT AGREEMENT TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENT DATED AS OF JUNE 30, 2003Seventh Amendment Agreement • June 17th, 2008 • Seneca Foods Corp /Ny/ • Canned, fruits, veg, preserves, jams & jellies • New York
THIS SEVENTH AMENDMENT AGREEMENT (this "Agreement"), dated as of May 9, 2008, is among Seneca Foods Corporation (the "Borrower") and John Hancock Life Insurance Company (the "Purchaser") and is with respect to the Amended and Restated Note Purchase Agreement dated as of June 30, 2003 (as previously amended by a First Amendment dated as of March 17, 2004, a Second Amendment Agreement dated as of June 26, 2004, a Third Amendment Agreement dated as of May 11, 2005, a Fourth Amendment Agreement dated as of August 18, 2006, a Fifth Amendment dated as of May 29, 2007 and a Sixth Amendment dated as of September 29, 2007, the "Note Agreement") among the Borrower and Seneca Foods, L.L.C. (which merged into Seneca Merger Corporation which merged into the Borrower) and the Purchaser pursuant to which the Borrower has outstanding its Mortgage Notes due August 1, 2013 (the "Notes"). As of the date of this Agreement, the Purchaser is the holder of 100% of the outstanding principal amount of the Note
