CONVERSION AND EXCHANGE AGREEMENTConversion and Exchange Agreement • January 25th, 2012 • Mountain Valley Spring Co • Wholesale-groceries & related products
This CONVERSION AND EXCHANGE AGREEMENT (“Agreement”), dated effective as of January 1, 2011, is entered into by and between Mountain Valley Spring Company, LLC, an Arkansas limited liability company (f/k/a Clear Mountain Spring Water, LLC) (the “Company”), J.B. Hunt, LLC, an Arkansas limited liability company (“Hunt”), as assignee of Big Horn Lodge Financing, LLC, a Missouri limited liability company (“Big Horn”), M2 Capital and Roher Investments, Ltd., a Texas limited partnership (“M2”), and James B. Speed, III, John F. Speed Revocable Trust, Mike Jackson, Bradley K. Frieberg Revocable Trust, Thomas N. McCain, Jack Henderson, Tappan Land and Water, LLC, Speed Stodghill, and Jim Karrh (collectively, the “Investors”).
PLEDGE AND SECURITY AGREEMENT (Mountain Valley Spring Company, LLC)Pledge and Security Agreement • January 25th, 2012 • Mountain Valley Spring Co • Wholesale-groceries & related products • Texas
THIS PLEDGE AND SECURITY AGREEMENT (as it may be amended or modified from time to time, the “Agreement”) is entered into as of March 28, 2006 by and between MOUNTAIN VALLEY SPRING COMPANY, LLC, an Arkansas limited liability company (the “Grantor”), and JPMORGAN CHASE BANK, N.A., a national banking association (the “Lender”).
MOUNTAIN VALLEY SPRING COMPANY, LLC An Arkansas Limited Liability Company SECOND AMENDED AND RESTATED OPERATING AGREEMENTOperating Agreement • January 25th, 2012 • Mountain Valley Spring Co • Wholesale-groceries & related products • Arkansas
THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT is made and entered into as of the [·] day of [·], 2012, by Mountain Valley Spring Company, a Delaware corporation f/k/a Sage Transaction Sub, Inc. (the “Member”).
TRADEMARK SECURITY AGREEMENT (Mountain Valley Spring Company, LLC)Trademark Security Agreement • January 25th, 2012 • Mountain Valley Spring Co • Wholesale-groceries & related products • Texas
THIS TRADEMARK SECURITY AGREEMENT (“Agreement”), dated as of March 28, 2006, is by and between MOUNTAIN VALLEY SPRING COMPANY, LLC, an Arkansas limited liability company, whose address is 150 Central Avenue, (P.O. Box 1610), Hot Springs National Park, Arkansas 71902, and JPMORGAN CHASE BANK, N.A., a national banking association, whose address is 700 Lavaca, Austin, Texas 78701, Attention: Manager/Commercial Lending Group (“Secured Party”).
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 25th, 2012 • Mountain Valley Spring Co • Wholesale-groceries & related products • Texas
This Amended and Restated Credit Agreement (“Agreement”) is made as of December 29, 2011, by and between MOUNTAIN VALLEY SPRING COMPANY, LLC (“Borrower”), an Arkansas limited liability company, and JPMORGAN CHASE BANK, N.A. (“Lender”), a national banking association.
