EXHIBIT 10.1 LOAN AGREEMENT Wachovia Bank, National Association Summit, New Jersey 07901 (Hereinafter referred to as the "Bank") Tofutti Brands Inc. 50 Jackson Drive Cranford, New Jersey 07016 (Hereinafter referred to as "Borrower") This Loan...Loan Agreement • April 18th, 2006 • Tofutti Brands Inc • Ice cream & frozen desserts
This Agreement applies to the loan or loans (individually and collectively, the "Loan") evidenced by one or more promissory notes of even date herewith or other notes subject hereto, as modified from time to time (whether one or more, the "Note") and all Loan Documents. The terms "Loan Documents" and "Obligations," as used in this Agreement, are defined in the Note.
EXHIBIT 10.3 SECURITY AGREEMENTSecurity Agreement • April 18th, 2006 • Tofutti Brands Inc • Ice cream & frozen desserts
For value received and to secure payment and performance of any and all obligations of Debtor (also referred to herein as "Borrower") to Bank however created, arising or evidenced, whether direct or indirect, absolute or contingent, now existing or hereafter arising or acquired, including swap agreements (as defined in 11 U.S.C. ss. 101, as in effect from time to time), future advances, and all costs and expenses incurred by Bank to obtain, preserve, perfect and enforce the security interest granted herein and to maintain, preserve and collect the property subject to the security interest (collectively, "Obligations"), Debtor hereby grants to Bank a continuing security interest in and lien upon the following described property, whether now owned or hereafter acquired, and any additions, replacements, accessions, or substitutions thereof and all cash and non-cash proceeds and products thereof (collectively, "Collateral"):
EXHIBIT 10.2 PROMISSORY NOTEPromissory Note • April 18th, 2006 • Tofutti Brands Inc • Ice cream & frozen desserts
Borrower promises to pay to the order of Bank, in lawful money of the United States of America, at its office indicated above or wherever else Bank may specify, the sum of One Million and No/100 Dollars ($1,000,000.00) or such sum as may be advanced and outstanding from time to time, with interest on the unpaid principal balance at the rate and on the terms provided in this Promissory Note (including all renewals, extensions or modifications hereof, this "Note").
