FIRST AMENDMENTCredit Agreement • November 9th, 2016 • SunOpta Inc. • Wholesale-farm product raw materials • New York
THIS CREDIT AGREEMENT, dated as of February 11, 2016, among SUNOPTA INC. (the “Company” or “Canadian Parent Borrower”; as hereinafter further defined), SUNOPTA FOODS, INC. (the “U.S. Parent Borrower”; as hereinafter further defined), THE ORGANIC CORPORATION B.V. (the “Dutch Parent Borrower”; as hereinafter further defined) and each of the other Borrowers (as hereinafter defined) and Guarantors (as hereinafter defined) party hereto from time to time, the Lenders party hereto from time to time, BANK OF AMERICA, N.A., as Administrative Agent under the U.S. Subfacility (in such capacity, the “U.S. Administrative Agent”; as hereinafter further defined), and as a U.S. Issuing Bank and the U.S. Swingline Lender, BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as Administrative Agent under the Canadian Subfacility (in such capacity, the “Canadian Administrative Agent”; as hereinafter further defined), and as a Canadian Issuing Bank and the Canadian Swingline Lender, BANK OF AMERICA,
EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2016 • SunOpta Inc. • Wholesale-farm product raw materials • Minnesota
This Employment Agreement (“Agreement”) is between SunOpta Inc. (such entity together with all past, present, and future parents, divisions, operating companies, subsidiaries, and affiliates are referred to collectively herein as the “Company”) and Jill E. Barnett (“Employee”).
FIRST AMENDMENT TO SECOND LIEN LOAN AGREEMENTSecond Lien Loan Agreement • November 9th, 2016 • SunOpta Inc. • Wholesale-farm product raw materials • New York
SECOND LIEN LOAN AGREEMENT dated as of October 9, 2015, among SUNOPTA FOODS INC., a Delaware corporation (the “Borrower”), SUNOPTA INC., a Canadian corporation and direct parent company of the Borrower (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, the lending institutions from time to time parties hereto (each a “Lender” and, collectively, the “Lenders”) and BANK OF MONTREAL, as Administrative Agent and Collateral Agent (such terms and each other capitalized term used but not defined in this preamble having the meaning provided in Section 1 hereto).
EMPLOYMENT AGREEMENT AMENDMENTEmployment Agreement Amendment • November 9th, 2016 • SunOpta Inc. • Wholesale-farm product raw materials
This Employment Agreement Amendment (“Agreement”) is between The Organic Corporation B.V. (hereinafter referred to as “Company”) and G.J.M. VERSTEEGH (“Employee”).
SEPARATION AGREEMENT AND FULL AND FINAL RELEASESeparation Agreement • November 9th, 2016 • SunOpta Inc. • Wholesale-farm product raw materials • Minnesota
EMPLOYMENT AGREEMENT AMENDMENTEmployment Agreement • November 9th, 2016 • SunOpta Inc. • Wholesale-farm product raw materials
This Employment Agreement Amendment (“Agreement”) is between SUNOPTA INC. (such entity together with all past, present, and future parents, divisions, operating companies, subsidiaries, and affiliates are referred to collectively herein as the “Company”) and EDWARD HAFT (“Executive”).
