CREDIT AGREEMENT DATED AS OF NOVEMBER 8, 2013 AMONG INVENTURE FOODS, INC., CERTAIN SUBSIDIARIES THEREOF, THE LENDERS, U.S. BANK NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, AND U.S. BANK NATIONAL ASSOCIATION, AS SOLE LEAD ARRANGER AND SOLE BOOK RUNNERCredit Agreement • November 12th, 2013 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products • Arizona
This Credit Agreement (the “Agreement”), dated as of November 8, 2013, is among Inventure Foods, Inc., certain Subsidiaries thereof, the Lenders and U.S. Bank National Association, a national banking association, as LC Issuer, Swing Line Lender and as Administrative Agent. The parties hereto agree as follows:
November 8, 2013Credit Agreement • November 12th, 2013 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products
Reference is hereby made to (i) the Loan Agreement (Term Loan), dated as of November 30, 2006, by and between La Cometa Properties, Inc. and U.S. Bank National Association (the “La Cometa Agreement”), and (ii) the Loan and Security Agreement, dated as of March 22, 2013, by and among Inventure Foods, Inc., certain affiliates thereof, and U.S. Bank National Association (the “Inventure Agreement”), together with all promissory notes issued under each of the foregoing, and all guarantees and other agreements, documents and instruments delivered together therewith, and as each may be amended, restated, supplemented or otherwise modified from time to time (the “Existing Term Loan Agreements”).
SECURITY AGREEMENTSecurity Agreement • November 12th, 2013 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products • Arizona
THIS SECURITY AGREEMENT (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Security Agreement”) is entered into as of November 8, 2013 by and among Inventure Foods, Inc. (the “Company”), the Persons listed on the signature pages hereto as grantors (together with the Company, the “Initial Grantors,” and together with any additional Persons which become parties to this Security Agreement by executing a Supplement hereto in substantially the form of Annex I and after giving effect to any Persons released pursuant to the terms hereof, the “Grantors”), and U.S. Bank National Association in its capacity as administrative agent (the “Administrative Agent”) for the benefit of the Holders of Secured Obligations under the Credit Agreement (as defined below).
GUARANTYGuaranty • November 12th, 2013 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products • Arizona
THIS GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Guaranty”) is made as of November 8, 2013 by and among each of the Persons listed on the signature pages hereto (each an “Initial Guarantor”) and those additional Persons which become parties to this Guaranty by executing a supplement hereto (a “Guaranty Supplement”) in the form attached hereto as Annex I (such additional Persons, together with the Initial Guarantors, the “Guarantors”), in favor of U.S. Bank National Association, as Administrative Agent (the “Administrative Agent”), for the benefit of the Holders of Secured Obligations under the Credit Agreement described below. As used herein, “Holder of Secured Obligations” shall mean each Lender, the LC Issuer and the Administrative Agent in respect of the Loans, LC Obligations and all other Obligations under the Loan Documents, each Lender, the LC Issuer, the Administrative Agent and their respective Affiliates in connec
