AMENDMENT NO. 1, dated as of March 18, 2009 (this “Amendment”), to the Credit Agreement, dated as of April 12, 2006, among DHM HOLDING COMPANY, INC., a Delaware corporation, DOLE HOLDING COMPANY, LLC, a Delaware limited liability company, DOLE FOOD...Intercreditor Agreement • March 24th, 2009 • Dole Food Co Inc • Agricultural production-crops • New York
CREDIT AGREEMENT, dated as of April 12, 2006, among DHM HOLDING COMPANY, INC., a Delaware corporation (“Holdings”), DOLE HOLDING COMPANY, LLC, a Delaware limited liability company (“Intermediate Holdco”), DOLE FOOD COMPANY, INC., a Delaware corporation (the “Borrower”), the Lenders party hereto from time to time, DEUTSCHE BANK AG New York Branch (“DBNY”), as Administrative Agent, BANC OF AMERICA SECURITIES LLC, as Syndication Agent, HARRIS N.A., THE BANK OF NOVA SCOTIA and WELLS FARGO FOOTHILL, LLC, as Co-Documentation Agents, DEUTSCHE BANK SECURITIES LLC and BANC OF AMERICA SECURITIES LLC, as Joint Book Running Managers and DEUTSCHE BANK SECURITIES INC., as Lead Arranger. All capitalized terms used herein and defined in Section 1.01 are used herein as therein defined.
DOLE FOOD COMPANY, INC., as Issuer THE GUARANTORS PARTY HERETO, as Guarantors 13 7/8% Senior Secured Notes due 2014 INDENTURE Dated as of March 18, 2009 U.S. BANK NATIONAL ASSOCIATION as TrusteeDole Food Co Inc • March 24th, 2009 • Agricultural production-crops • New York
INDENTURE dated as of March 18, 2009 among Dole Food Company, Inc., a Delaware corporation, the Guarantors (as defined herein) listed on Schedule A hereto and U.S. Bank National Association, as trustee (the “Trustee”).
REGISTRATION RIGHTS AGREEMENT Dated as of March 18, 2009 Among DOLE FOOD COMPANY, INC. and THE GUARANTORS NAMED HEREIN as Issuers, and DEUTSCHE BANK SECURITIES INC., BANC OF AMERICA SECURITIES LLC, SCOTIA CAPITAL (USA) INC., RABO SECURITIES USA, INC....Registration Rights Agreement • March 24th, 2009 • Dole Food Co Inc • Agricultural production-crops • New York
This Agreement is entered into in connection with the Purchase Agreement by and among the Issuers and the Initial Purchasers, dated as of March 13, 2009 (the “Purchase Agreement”), which provides for, among other things, the sale by the Company to the Initial Purchasers of $349,903,000 aggregate principal amount of the Company’s 13 7/8% Senior Secured Notes due 2014 (the “Notes”) guaranteed on a senior subordinated secured basis by the Guarantors (the “Guarantees”). In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Issuers have agreed to provide the registration rights set forth in this Agreement for the benefit of the Initial Purchasers and any subsequent holder or holders of the Notes. The execution and delivery of this Agreement is a condition to the Initial Purchasers’ obligation to purchase the Notes under the Purchase Agreement.
AMENDMENT NO. 1, dated as of March 18, 2009 (this “Amendment”), to the Credit Agreement, dated as of March 28, 2003, amended and restated as of April 18, 2005 and further amended and restated as of April 12, 2006 among DHM HOLDING COMPANY, INC., a...Intercreditor Agreement • March 24th, 2009 • Dole Food Co Inc • Agricultural production-crops • New York
CREDIT AGREEMENT, dated as of March 28, 2003, amended and restated as of April 18, 2005 and further amended and restated as of April 12, 2006, among DHM HOLDING COMPANY, INC., a Delaware corporation (“Holdings”), DOLE HOLDING COMPANY, LLC, a Delaware limited liability company (“Intermediate Holdco”), DOLE FOOD COMPANY, INC., a Delaware corporation (the “U.S. Borrower”), SOLVEST, LTD., a company organized under the laws of Bermuda (the “Bermuda Borrower” and, together with the U.S. Borrower, the “Borrowers”), the Lenders from time to time party hereto, DEUTSCHE BANK AG NEW YORK BRANCH, as Deposit Bank (in such capacity, the “Deposit Bank”), DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”), BANC OF AMERICA SECURITIES LLC, as Syndication Agent (in such capacity, the “Syndication Agent”), THE BANK OF NOVA SCOTIA and RABOBANK INTERNATIONAL, as Co-Documentation Agents (in such capacity, each, a “Co-Documentation Agent” and, collectively
