SECURITY AGREEMENTSecurity Agreement • February 8th, 2008 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
This SECURITY AGREEMENT (this “Agreement”), dated as of February 7, 2008, among JOHN B. SANFILIPPO & SON, INC. (“JBSS”) and those additional entities that hereafter become parties hereto by executing the form of Supplement attached hereto as Annex 1 (collectively, jointly and severally, the “Grantors” and each, individually, a “Grantor”), and WELLS FARGO FOOTHILL, LLC, in its capacity as administrative agent for the Lender Group and the Bank Product Provider (together with its successors, the “Agent”).
PROMISSORY NOTE (Tranche B Note)Sanfilippo John B & Son Inc • February 8th, 2008 • Sugar & confectionery products • Illinois
or at such other place as Holder may designate from time to time in writing, in lawful money of the United States and in immediately available funds, the principal amount of Nine Million and 00/100 Dollars ($9,000,000.00), together with interest on the outstanding balance thereof, at the rates set forth below, from the Disbursement Date (as defined below) until the entire balance of principal has been paid in full, such principal and interest being due and payable as set forth in Section 1 below. As used in this Note, (1) the “Loan” means the loan evidenced by this Note and that certain Promissory Note dated as of even date herewith made by Borrower payable to the order of Payee in the original principal amount of Thirty-six Million and 00/100 Dollars ($36,000,000.00) (the “Tranche A Note”), and (2) the “Disbursement Date” means the date on which Payee initiates the transfer of funds on the Federal Reserve wire system in disbursement of the proceeds of the Loan.
Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Kane County, Illinois)Mortgage, Security Agreement • February 8th, 2008 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
This Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (this “Mortgage”) is made and given as of the 7th day of February, 2008, by JBSS PROPERTIES, LLC, an Illinois limited liability company, whose address is 1703 North Randall Road, Mail Code — 2NW-EX, Elgin, Illinois 60123 (the “Mortgagor”), to TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation, as Mortgagee, having an office c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road, N.E., Cedar Rapids, Iowa 52499-5443, and its successors and assigns (the “Lender”). The definitions of capitalized terms used in this Mortgage may be found either in Section 3 below, or through the cross-references provided in that Section.
PROMISSORY NOTE (Tranche A Note)Sanfilippo John B & Son Inc • February 8th, 2008 • Sugar & confectionery products • Illinois
or at such other place as Holder may designate from time to time in writing, in lawful money of the United States and in immediately available funds, the principal amount of Thirty-Six Million and 00/100 Dollars ($36,000,000.00), together with interest on the outstanding balance thereof, at the rates set forth below, from the Disbursement Date (as defined below) until the entire balance of principal has been paid in full, such principal and interest being due and payable as set forth in Section 1 below. As used in this Note, (1) the “Loan” means the loan evidenced by this Note and that certain Promissory Note dated as of even date herewith made by Borrower payable to the order of Payee in the original principal amount of Nine Million and 00/100 Dollars ($9,000,000.00) (the “Tranche B Note”), and (2) the “Disbursement Date” means the date on which Payee initiates the transfer of funds on the Federal Reserve wire system in disbursement of the proceeds of the Loan.
DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING JOHN B. SANFILIPPO & SON, INC., a Delaware corporation, Borrower, having an office at 1703 North Randall Road, Mail Code — 2NW-EX, Elgin, Illinois 60123 to FIRST...Sanfilippo John B & Son Inc • February 8th, 2008 • Sugar & confectionery products • North Carolina
This Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (this “Deed of Trust”) is made and given as of the 7th day of February, 2008, by JOHN B. SANFILIPPO & SON, INC., a Delaware corporation, as Grantor, whose address is 1703 North Randall Road, Mail Code — 2NW-EX, Elgin, Illinois 60123 (the “Borrower”), to FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee, whose address is 1932 Fleming Road, Greensboro, North Carolina 27410 (the “Trustee”), for the benefit of TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation, as Beneficiary, having an office c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road, N.E., Cedar Rapids, Iowa 52499-5443, and its successors and assigns (the “Lender”). The definitions of capitalized terms used in this Deed of Trust may be found either in Section 3 below, or through the cross-references provided in that Section.
CREDIT AGREEMENT by and among JOHN B. SANFILIPPO & SON, INC. as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, WELLS FARGO FOOTHILL, LLC as the Arranger and Administrative Agent, and WACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL),...Credit Agreement • February 8th, 2008 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of February 7, 2008, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), WACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), an Illinois corporation, in its capacity as documentation agent, and JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (“Borrower”).
Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Kane County, Illinois)Mortgage, Security Agreement • February 8th, 2008 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
This Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (this “Mortgage”) is made and given as of the 7th day of February, 2008, by JOHN B. SANFILIPPO & SON, INC., a Delaware corporation, as Mortgagor, whose address is 1703 North Randall Road, Mail Code - 2NW-EX, Elgin, Illinois 60123 (the “Borrower”), to TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation, as Mortgagee, having an office c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road, N.E., Cedar Rapids, Iowa 52499-5443, and its successors and assigns (the “Lender”). The definitions of capitalized terms used in this Mortgage may be found either in Section 3 below, or through the cross-references provided in that Section.
LOAN AGREEMENTLoan Agreement • February 8th, 2008 • Sanfilippo John B & Son Inc • Sugar & confectionery products • Illinois
THIS LOAN AGREEMENT (the “Agreement”) is made as of this 7th day of February, 2008, by and among JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (the “Borrower”), JBSS PROPERTIES, LLC, an Illinois limited liability company (“JBSS”), and TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation, its successors and assigns (the “Lender”).
