THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
THIS THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of March 31, 2003 (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).
CONSENTConsent • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
This Consent is given by Dresdner Kleinwort Benson Private Equity Partners LP, a Delaware limited partnership (“Dresdner”), to and for the benefit of Gardenburger, Inc., an Oregon corporation (“Gardenburger”), as of March 31, 2003. Capitalized terms used and not otherwise defined herein have the meaning given them in the Revolving Credit and Term Loan Agreement dated as of January 10, 2002, as amended, between Gardenburger and CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”).
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
March 27, 2003Gardenburger Inc • May 14th, 2003 • Canned, frozen & preservd fruit, veg & food specialties
This letter agreement concerns the interest payment (the “Interest Payment”) of $856,665 that is due on March 3l, 2003, from Gardenburger, Inc. (“Gardenburgcr”), to Dresdner Kleinwort Benson Private Equity Partners LP (“Dresdner”) under the terms of the Amended and Restated Convertible Subordinated Note, dated January 10, 2002, between Gardenburger and Dresdner (the “Note”).
SUPPLEMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
FORM OF AWARD AGREEMENT under the Gardenburger, Inc. INCENTIVE STOCK OPTIONAward Agreement • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
Company maintains the Gardenburger, Inc. 2001 Stock Incentive Plan (the “Plan”). The Plan is administered by the Stock-Based Awards Committee (the “Committee”) of the Board of Directors of Company (the “Board”).
