THIRD AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 19th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • New York
THIS THIRD AMENDMENT (this “Amendment”), dated as of September 30, 2002, to the Note Purchase Agreement, dated as of March 27, 1998, by and among DRESDNER KLEINWORT BENSON PRIVATE EQUITY PARTNERS LP, a Delaware limited partnership (“the Purchaser”), and GARDENBURGER, INC., an Oregon corporation (the “Company”).
AMENDMENT NO. 3 TO RIGHTS AGREEMENTRights Agreement • December 19th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
This Amendment No. 3, dated as of April 29, 2002 (the “Amendment”), to the Amended and Restated Rights Agreement (the “Rights Agreement”) dated as of July 15, 1999, as amended by Amendment Nos. 1 and 2, by and between Gardenburger, Inc. (the “Company”), and EquiServe Trust Company, N.A. (the “Rights Agent”).
FIRST AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTCredit and Term Loan Agreement • December 19th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
THIS FIRST AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of September 30, 2002 (the “Amendment”), is entered into by and between CAPITALSOURCE FINANCE LLC, a Delaware limited liability company, in its capacity as administrative agent and collateral agent for the Lenders under the Agreement referenced below (“Agent”), the Lenders party thereto, and GARDENBURGER, INC., an Oregon corporation (“Borrower”). Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).
LEASE EXTENSION AGREEMENT BY AND BETWEEN FREEPORT CENTER ASSOCIATES AND GARDENBURGER, INC.Lease Extension Agreement • December 19th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
Pursuant to the lease between and with Gardenburger, Inc. and Freeport Center Associates and your letter dated October 16, 2002, Gardenburger, Inc. hereby exercises the renewal option of the original lease dated May 28, 1997, for the five-year period from January 1, 2003 through December 31, 2007. This extension of the lease is in accordance with the terms and conditions as specified in the lease.
WHOLESOME & HEARTY FOODS, INC. NONQUALIFIED STOCK OPTION AND NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • December 19th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
This Nonqualified Stock Option (the “Option”) is granted pursuant to this Nonqualified Stock Option Agreement (the “Agreement”) executed by and between Wholesome & Hearty Foods, Inc., an Oregon corporation (the “Company”), and Lyle G. Hubbard (the “Optionee”), effective April 14, 1996. This Agreement and the Option evidenced hereby shall not be construed to be granted under or subject in any way to the Company’s 1992 Amended and Restated Combination Stock Option Plan (the “1992 Plan”).
