JOHN B. SANFILIPPO & SON, INC. LIMITED WAIVER and THIRD AMENDMENT Dated as of May 31, 2007 to Note Purchase Agreement Dated as of December 16, 2004 Re: $65,000,000 Senior Notes Due December 1, 2014Note Purchase Agreement • June 7th, 2007 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
This Limited Waiver and Third Amendment, dated as of May 31, 2007 (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”).
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 7th, 2007 • Sanfilippo John B & Son Inc • Sugar & confectionery products
This First Amendment (“Amendment”) is made as of May 31, 2007 to the Amended and Restated Credit Agreement dated as of July 25, 2006 (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 (“Borrower"), 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”). This Amendment is made by the Lenders signatory hereto (being at least the “Required Lenders,” as defined in the Credit Agreement).
