SECURITY AGREEMENT Dated as of June 23, 2006 among MERISANT COMPANY, as Borrower, and Each Other Grantor From Time to Time Party Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral AgentSecurity Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
Contract Type FiledJune 27th, 2006 Company Industry JurisdictionSECURITY AGREEMENT, dated as of June 23, 2006 by Merisant Company, a Delaware corporation (the “Borrower”) and each of the other entities listed on the signature pages hereof or which becomes a party hereto pursuant to Section 7.10 (each a “Grantor” and, collectively, the “Grantors”), in favor of Wells Fargo Bank, National Association, as agent for the Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Collateral Agent”).
AMENDED AND RESTATED SECURITY AGREEMENT Dated as of June 23, 2006 amongSecurity Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
Contract Type FiledJune 27th, 2006 Company Industry JurisdictionAMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of June 23, 2006, by MERISANT COMPANY, a Delaware corporation (the “Borrower”) and each of the other entities listed on the signature pages hereof or which becomes a party hereto pursuant to Section 7.10 (each a “Grantor” and, collectively, the “Grantors”), in favor of CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Secured Party”), as agent for the Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Administrative Agent”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • Delaware
Contract Type FiledJune 27th, 2006 Company Industry JurisdictionThis INTERCREDITOR AGREEMENT, is dated as of June 23, 2006, and entered into by and among Merisant Company, a Delaware corporation (the “Company”), Merisant Worldwide, Inc., a Delaware corporation (“Holdings”), as a Guarantor, the Subsidiary Grantors (as defined in Section 1 below) party hereto, CREDIT SUISSE, Cayman Islands Branch (“CS”), in its capacity as administrative agent (together with its successors and assigns from time to time, the “First Lien Agent”) for the First Lien Claimholders, and Wells Fargo Bank, National Association (“Wells Fargo”) in its capacity as collateral agent (together with its successors and assigns from time to time, the “Second Lien Collateral Agent”) for the Second Lien Claimholders. Capitalized terms used herein but not otherwise defined herein have the meanings set forth in Section 1 below.
85,000,000 SECOND LIEN CREDIT AGREEMENT Dated as of June 23, 2006 among MERISANT WORLDWIDE, INC., MERISANT COMPANY as Borrower, THE LENDERS PARTY HERETO, CREDIT SUISSE, as Administrative Agent, JEFFERIES & COMPANY, INC. and CREDIT SUISSE SECURITIES...Second Lien Credit Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
Contract Type FiledJune 27th, 2006 Company Industry JurisdictionCREDIT AGREEMENT, dated as of June 23, 2006 among MERISANT COMPANY, a Delaware corporation (the “Borrower”), MERISANT WORLDWIDE, INC., a Delaware corporation (“Holdings”), the Lenders (as defined below), CREDIT SUISSE, a bank organized under the laws of Switzerland, as agent for the Lenders (“Credit Suisse”, and in such capacity, the “Administrative Agent”), JEFFERIES & COMPANY, INC. AND CREDIT SUISSE SECURITIES (USA) LLC, as joint lead arrangers (together in such capacities, the “Arrangers”), CREDIT SUISSE SECURITIES (USA) LLC, as syndication agent (in such capacity, the “Syndication Agent”) and as documentation agent (in such capacity, the “Documentation Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, the “Collateral Agent”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 27th, 2006 • Merisant Co • Industrial organic chemicals • New York
Contract Type FiledJune 27th, 2006 Company Industry JurisdictionThis FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), is dated as of June 23, 2006, among Merisant Company, a Delaware corporation (the “Borrower”), Merisant Worldwide, Inc., a Delaware corporation, formerly known as Tabletop Holdings, Inc. (“Holdings”), the Subsidiary Guarantors named on the signature pages hereto, each of the Lenders listed on the signature page hereto and Credit Suisse, Cayman Islands Branch (formerly Credit Suisse First Boston), as agent for the Lenders and Issuers (in such capacity, the “Administrative Agent”).