AMENDED AND RESTATED LINE OF CREDIT NOTESanfilippo John B & Son Inc • February 7th, 2006 • Sugar & confectionery products
FOR VALUE RECEIVED, the undersigned JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (and successor in interest to Sunshine Nut Co., Inc. and Quantz Acquisition Co., Inc.), (collectively, the “Borrower” whether one or more) promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION (hereinafter referred to as “Lender”), at such place as U.S. Bank National Association, as agent for the Lender, may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Fifty Million Dollars ($50,000,000) or so much thereof as may be advanced and be outstanding, together with interest on any and all principal amounts outstanding calculated in accordance with the provisions set forth below. This Amended and Restated Note (this “Note”) is issued under that certain Credit Agreement dated as of March 31, 1998 (as amended, supplemented, restated or otherwise modified and in effect from time to time, the “Credit Agreement”) between Borrower,
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 7th, 2006 • Sanfilippo John B & Son Inc • Sugar & confectionery products
This Seventh Amendment (“Amendment”) is made as of the February 2, 2006 to the Credit Agreement dated as of March 31, 1998 (as amended, supplemented, restated or otherwise modified and in effect from time to time, the “Credit Agreement”), by and among JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (and successor in interest to Sunshine Nut Co., Inc. and Quantz Acquisition Co., Inc., “Sanfilippo” or the “Borrower”), and JBS INTERNATIONAL, INC., a Barbados corporation which has been dissolved prior to the date of this Amendment (“JBS”), the financial institutions party thereto (collectively “Lenders” and individually a “Lender”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as successor Agent for the Lenders to U.S. Bancorp Ag Credit, Inc., a Colorado corporation (the “Agent”).
LIMITED WAIVER and FIRST AMENDMENT Dated as of February 6, 2006 to Note Purchase Agreement Dated as of December 16, 2004Sanfilippo John B & Son Inc • February 7th, 2006 • Sugar & confectionery products • Illinois
This Limited Waiver and First Amendment, dated as of February 6, 2006 (this “Amendment”), to the Note Purchase Agreement, dated as of December 16, 2004, is between John B. Sanfilippo & Son, Inc., a Delaware corporation (the “Company”), and each of the institutions which is a signatory to this Amendment (collectively, the “Noteholders”).
TERMINATION AGREEMENTTermination Agreement • February 7th, 2006 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
THIS TERMINATION AGREEMENT made and entered into this llth day of January, 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the “City”); and JOHN B. SANFILIPPO AND SON, INC., an Illinois corporation, ARTHUR/BUSSE LIMITED PARTNERSHIP, an Illinois limited partnership, and 300 EAST TOUHY AVENUE LIMITED PARTNERSHIP, an Illinois limited partnership (hereinafter collectively referred to as “Developer”).
