FIFTH AMENDED AND RESTATED CREDIT AGREEMENT by and between NATIONAL BEEF PACKING COMPANY, LLC, VARIOUS ISSUERS AND LENDERS, U.S. AGBANK, FCB, as Co- Syndication Agent, COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL", NEW...Credit Agreement • June 22nd, 2006 • National Beef Packing Co LLC • Meat packing plants • Colorado
Contract Type FiledJune 22nd, 2006 Company Industry JurisdictionTHIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, modified, supplemented, renewed or restated from time to time, this "Agreement") is made as of May 30, 2006, by and between NATIONAL BEEF PACKING COMPANY, LLC, a Delaware limited liability company (together with its successors as permitted herein, the "Borrower"), the lenders from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), U.S. AGBANK, FCB, ("U.S. AGBANK") as Co-Syndication Agent, COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL", NEW YORK BRANCH, ("Rabobank") as Documentation Agent, and COBANK, ACB, an agricultural credit bank ("CoBank"), as Lead Arranger, Co-Syndication Agent, Swing Line Lender and Administrative Agent for the Lenders, the Issuers and the Swing Line Lender hereunder (in its capacity as Administrative Agent, together with its successors and assigns in such capacity, the "Agent").