Assumption AgreementAssumption Agreement • January 7th, 2009 • Evans Bob Farms Inc • Retail-eating places • New York
This Assumption Agreement (this “Agreement”) is entered into as of December 31, 2008 by Bob Evans Farms, Inc., an Ohio corporation (the “Successor Corporation”), in favor of the persons or entities listed on Schedule A attached to the Note Purchase Agreement (defined below) and their successors (collectively, the “Noteholders”), each of which is a party to (or a transferee of a party to) that certain Note Purchase Agreement dated as of July 28, 2008, among Bob Evans Farms, Inc., a Delaware corporation (the “Parent Guarantor”), and BEF Holding Co., Inc., a Delaware corporation (the “Issuer”), and the several Noteholders (the “Note Purchase Agreement”). Capitalized terms used herein without definition (including, without limitation, in Exhibits A-1, A-2, B, C, D and E hereto) shall have the meanings assigned to such terms in the Note Purchase Agreement.
CONSENT AND ASSUMPTION AGREEMENTConsent and Assumption Agreement • January 7th, 2009 • Evans Bob Farms Inc • Retail-eating places • Ohio
THIS CONSENT AND ASSUMPTION AGREEMENT (this “Agreement”), dated to be effective as of December 31, 2008, by and between BOB EVANS FARMS, INC., an Ohio corporation (“Bob Evans”), successor by merger to BEF Holding Co., Inc., a Delaware corporation (the “Existing Borrower”), and JPMorgan Chase Bank, N.A. (“Bank”).
