AMENDED AND RESTATED TERM NOTETerm Note • April 9th, 2010 • Vermont Pure Holdings LTD/De • Wholesale-groceries & related products
FOR VALUE RECEIVED, the undersigned Vermont Pure Holdings, Ltd., a Delaware corporation (“Holdings”), Crystal Rock LLC, a Delaware limited liability company (“Crystal Rock LLC”), and Crystal Rock Holdings, Inc., a Delaware corporation (“Crystal Rock Holdings”, and together with Holdings and Crystal Rock LLC collectively, the “Borrowers”), hereby jointly and severally promise to pay to the order of BANK OF AMERICA, N.A. (the “Lender”) at the Administrative Agent’s Office (as such term is defined in the Credit Agreement referred to below):
April 5, 2010Subordination Agreement • April 9th, 2010 • Vermont Pure Holdings LTD/De • Wholesale-groceries & related products • New York
AMENDED AND RESTATED SUBORDINATION AND PLEDGE AGREEMENTSubordination and Pledge Agreement • April 9th, 2010 • Vermont Pure Holdings LTD/De • Wholesale-groceries & related products • New York
This AMENDED AND RESTATED SUBORDINATION AND PLEDGE AGREEMENT is made as of April 5, 2010, by and among Ross S. Rapaport, not individually, but as Trustee of the Peter Baker Life Insurance Trust u/t/a dated July 7, 1992, the John Baker Insurance Trust u/t/a dated July 7, 1992 and the Joan Baker and Henry Baker Irrevocable Trust u/t/a dated December 16, 1991, as agent (together with his successors and assigns in such capacity, the “Subordinate Lender’s Agent”) for and on behalf of HENRY E. BAKER (together with his successors and assigns, the “Subordinate Lender”) pursuant to certain of the Subordinated Loan Documents (defined below), the Subordinate Lender, BANK OF AMERICA, N.A., a national banking association, as administrative agent (in such capacity, together with its successors and assigns in such capacity, the “Agent”) on behalf of the lenders from time to time party to the Credit Agreement (defined below) (the “Lenders”), and the Lenders.
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 5, 2010 among VERMONT PURE HOLDINGS, LTD., CRYSTAL ROCK LLC, CRYSTAL ROCK HOLDINGS, INC., THE LENDERS LISTED ON SCHEDULE 1 HERETO and BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENTCredit Agreement • April 9th, 2010 • Vermont Pure Holdings LTD/De • Wholesale-groceries & related products • New York
This AMENDED AND RESTATED CREDIT AGREEMENT is made as of April 5, 2010, by and among Vermont Pure Holdings, Ltd. (“Holdings”), a Delaware corporation, having its principal place of business at 1050 Buckingham Street, Watertown, Connecticut 06795, Crystal Rock LLC (“Crystal Rock LLC”), a Delaware limited liability company, having its principal place of business at 1050 Buckingham Street, Watertown, Connecticut 06795, Crystal Rock Holdings, Inc. (“Crystal Rock Holdings”, and together with Holdings and Crystal Rock LLC, collectively, the “Borrowers”), a Delaware corporation, having its principal place of business at 1050 Buckingham Street, Watertown, Connecticut 06795, Bank of America, N.A., a national banking association (“Bank of America”), and the other lending institutions listed on Schedule 1, and Bank of America as administrative agent for itself and such other lending institutions.
