INDEMNIFICATION AGREEMENTIndemnification Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of , 2008, between PRIMO WATER CORPORATION, a Delaware corporation (the “Company”), and (“Indemnitee”).
SUBORDINATED CONVERTIBLE PROMISSORY NOTESubordinated Convertible Promissory Note • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
FOR VALUE RECEIVED, the undersigned, PRIMO WATER CORPORATION, a Delaware corporation (the “Maker”) promises to pay to , a (the “Holder”), the sum of Dollars ($ ), or so much thereof as may from time to time hereafter be outstanding hereunder, whichever is less, together with interest thereon, all on the terms and conditions hereinafter provided.
PRIMO WATER CORPORATION COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS CERTIFIES THAT for value received, subject to the terms and conditions set forth herein, , or its/his/her permitted assigns (the “Holder”), is entitled to purchase up to shares of Common Stock (the “Common Stock”) of Primo Water Corporation, a Delaware corporation (the “Company”), at a purchase price of One Dollar and 25/100 ($1.25) per share (as adjusted from time to time as herein provided, the “Purchase Price”) upon presentation of this Warrant, payment of the Purchase Price for the shares of Common Stock purchased at the principal office of the Company or at such other place as shall have been designated by the Company, and subject to the vesting provisions set forth in Section 1.b. hereof. The number of shares of Common Stock which are purchasable hereunder, as adjusted pursuant to the provisions below, is hereinafter referred to as the “Warrant Shares.”
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Second Amendment”) made as of the 30th day of April, 2007, by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
FIRST AMENDMENT TO COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line
This First Amendment to Common Stock Purchase Warrant (the “Amendment”) is dated as of April ___, 2008 by and between Primo Water Corporation, a Delaware corporation (the “Company”), and (the “Holder”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Third Amendment”) made as of the 24 day of June, 2008, by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, the “Existing Borrower”), PRIMO TO GO, LLC, a North Carolina limited liability company, PRIMO PRODUCTS, LLC, a North Carolina limited liability company, and PRIMO DIRECT, LLC, a North Carolina limited liability company (each a “New Borrower” and together, the “New Borrowers”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Fifth Amendment”) made as of the 30th day of December, 2009 (the “Effective Date”), by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, “Primo”), PRIMO TO GO, LLC, a North Carolina limited liability company (“Primo To Go”), PRIMO PRODUCTS, LLC, a North Carolina limited liability company (“Primo Products”), and PRIMO DIRECT, LLC, a North Carolina limited liability company (“Primo Direct” and together with Primo To Go and Primo Products, the “New Borrowers”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
LOAN AND SECURITY AGREEMENT between PRIMO WATER CORPORATION and WACHOVIA BANK, NATIONAL ASSOCIATION Dated: June 23, 2005Loan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line
THIS LOAN AND SECURITY AGREEMENT (the “Agreement”), dated as of June 23, 2005 between PRIMO WATER CORPORATION, a Delaware corporation (“Primo”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Bank”);
TERMINATION AGREEMENTTermination Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
This TERMINATION AGREEMENT (the “Agreement”), dated as of this 30th day of June, 2008, is made by and between PWC Leasing, LLC, a North Carolina limited liability company (“Lessor”), and Primo Water Corporation, a Delaware corporation (“Lessee”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (“First Amendment”) made as of the 26 day of April, 2006, by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
PRIMO WATER CORPORATION COMMON STOCK PURCHASE WARRANTWarrant Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS CERTIFIES THAT for value received, subject to the terms and conditions set forth herein, , or its/his/her permitted assigns (the “Holder”), is entitled to purchase up to shares of Common Stock (the “Common Stock”) of Primo Water Corporation, a Delaware corporation (the “Company”), at a purchase price per share as set forth in Section 1.b. (as adjusted from time to time as herein provided, the “Purchase Price”) upon presentation of this Warrant and payment of the Purchase Price for the shares of Common Stock purchased at the principal office of the Company or at such other place as shall have been designated by the Company. The number of shares of Common Stock which are purchasable hereunder, as adjusted pursuant to the provisions below, is hereinafter referred to as the “Warrant Shares.” This Warrant is being issued to the Holder in connection with, and as a condition to, a loan made by the Holder to the Company, evidenced by that certain Subordinated Convertible Promissory Note d
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, WAIVER AND CONSENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, WAIVER AND CONSENT (“Amendment”) dated as of the 30th day of December, 2009, is entered into by and among Primo Water Corporation, a Delaware corporation (“Primo”); Primo To Go, LLC, a North Carolina limited liability company (“Primo To Go”); Primo Products, LLC, a North Carolina limited liability company (“Products”); and Primo Direct, LLC, a North Carolina limited liability company (“Direct”, and together with Primo, Primo to Go and Products, the “Borrowers”), and Wachovia Bank, National Association, a national banking association (together with its successors and assigns, the “Bank”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Fourth Amendment”) made as of the 7th day of January, 2009, by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, the “Existing Borrower”), PRIMO TO GO, LLC, a North Carolina limited liability company, PRIMO PRODUCTS, LLC, a North Carolina limited liability company, and PRIMO DIRECT, LLC, a North Carolina limited liability company (each a “New Borrower” and together, the “New Borrowers”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
PWC LEASING, LLC MASTER EQUIPMENT LEASE AGREEMENT (Primo Water Corporation)Master Equipment Lease Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
This MASTER EQUIPMENT LEASE AGREEMENT (the “Agreement”) is made and entered into as of the 29th day of March, 2006, by and between PWC Leasing, LLC, a North Carolina limited liability company (the “Lessor”), and Primo Water Corporation, a Delaware limited liability company (the “Lessee”).
