SECOND AMENDED AND RESTATED TERM NOTETerm Note • March 18th, 2013 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products
FOR VALUE RECEIVED, the undersigned CRYSTAL ROCK HOLDINGS, INC., a Delaware corporation, formerly known as Vermont Pure Holdings, Ltd. (“Holdings”), individually and as successor by merger to its former Subsidiary, Crystal Rock Holdings, Inc., a Delaware corporation (“CRH”), and CRYSTAL ROCK LLC, a Delaware limited liability company (“Crystal Rock LLC”, and together with Holdings 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):
THIRD AMENDMENT AGREEMENTAmended and Restated Credit Agreement • March 18th, 2013 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products • New York
THIRD AMENDMENT AGREEMENT (this “Agreement”), dated as of March 13, 2013, by and among Crystal Rock Holdings, Inc., formerly known as Vermont Pure Holdings, Ltd. (“Holdings”), individually and as successor by merger to its former Subsidiary, Crystal Rock Holdings, Inc., Crystal Rock LLC (“Crystal Rock”, and together with Holdings, collectively, the “Borrowers”), Bank of America, N.A. (“Bank of America”) and the other lending institutions party to that certain Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the “Lenders”), and Bank of America, as administrative agent (the “Administrative Agent”) for itself and the other Lenders with respect to a certain Amended and Restated Credit Agreement dated as of April 5, 2010, as amended by that certain First Amendment Agreement dated as of September 1, 2005 and that certain Second Amendment Agreement dated as of March 23, 2006 (as amended the “Credit Agreement”).
