MUTUAL NONDISCLOSURE AGREEMENTMutual Nondisclosure Agreement • August 15th, 2018 • Jay Merger Sub, Inc. • Retail-eating & drinking places • Delaware
This Mutual Nondisclosure Agreement (this “Agreement”) by and between Jamba, Inc., a Delaware corporation, including on behalf of its affiliates (the “Company”), and FOCUS Brands Inc., a Delaware corporation, including on behalf of its subsidiaries (the “Participant” and together with the Company, each a “Party” and collectively, the “Parties”), is dated as of the latest date set forth on the signature page hereto (the “Effective Date”).
BASE INDENTURE Dated as of April 6, 2017Indenture • August 15th, 2018 • Jay Merger Sub, Inc. • Retail-eating & drinking places • New York
BASE INDENTURE, dated as of April 6, 2017, by and among FOCUS BRANDS FUNDING LLC, a Delaware limited liability company (the “Master Issuer”), CARVEL FUNDING LLC, a Delaware limited liability (“Carvel Funding”), MCALISTER’S FUNDING LLC, a Delaware limited liability company (“McAlister’s Funding”, and collectively with the Master Issuer and Carvel Funding, the “Co-Issuers” and each, a “Co-Issuer”), and CITIBANK, N.A., a national banking association, as trustee (in such capacity, the “Trustee”) and as securities intermediary.
CLASS A-1 NOTE PURCHASE AGREEMENT (SERIES 2017-1 CLASS A-1 NOTES) dated as of April 6, 2017 among FOCUS BRANDS FUNDING LLC, CARVEL FUNDING LLC and MCALISTER’S FUNDING LLC, as Co-Issuers, CARVEL FUNDING HOLDCO LLC, FOCUS FUNDING HOLDCO LLC, MCALISTER’S...Note Purchase Agreement • August 15th, 2018 • Jay Merger Sub, Inc. • Retail-eating & drinking places • New York
THIS CLASS A-1 NOTE PURCHASE AGREEMENT, dated as of April 6, 2017 (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), is made by and among:
MCALISTER’S FUNDING LLC,Jay Merger Sub, Inc. • August 15th, 2018 • Retail-eating & drinking places • New York
SERIES 2017-1 SUPPLEMENT, dated as of April 6, 2017 (this “Series Supplement”), by and among FOCUS BRANDS FUNDING LLC, a Delaware limited liability company (the “Master Issuer”), CARVEL FUNDING LLC, a Delaware limited liability (“Carvel Funding”), MCALISTER’S FUNDING LLC, a Delaware limited liability company (“McAlister’s Funding” and, collectively with the Master Issuer and Carvel Funding, the “Co-Issuers” and each, a “Co-Issuer”), and CITIBANK, N.A., a national banking association, as trustee (in such capacity, the “Trustee”) and as Series 2017-1 Securities Intermediary, to the Base Indenture, dated as of April 6, 2017, by and among the Co-Issuers and Citibank, N.A., as Trustee and as Securities Intermediary (as amended, modified or supplemented from time to time, exclusive of Series Supplements, the “Base Indenture”).
