AGREEMENT AND PLAN OF MERGER by and among Utz Quality Foods, LLC, Heron Sub, Inc., and Inventure Foods, Inc. Dated as of October 25, 2017Merger Agreement • October 26th, 2017 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 25, 2017, is by and among Inventure Foods, Inc., a Delaware corporation (the “Company”), Utz Quality Foods, LLC, a Delaware limited liability company (“Parent”), and Heron Sub, Inc., a Delaware corporation and indirect wholly-owned subsidiary of Parent (“Merger Sub”). Parent, Merger Sub and the Company are each sometimes referred to herein as a “Party” and, collectively, as the “Parties.”
LIMITED WAIVER, CONSENT AND SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 26th, 2017 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products • New York
THIS LIMITED WAIVER, CONSENT AND SEVENTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of October 25, 2017, is by and among INVENTURE FOODS, INC., a Delaware corporation (the “Parent Borrower”), the Subsidiaries of the Parent Borrower identified on the signature pages hereof (such Subsidiaries, together with the Parent Borrower, are referred to herein each individually as a “Borrower” and individually and collectively, jointly and severally, as “Borrowers”), the lenders from time to time party to the Credit Agreement defined below (the “Lenders”) and BSP AGENCY, LLC, a Delaware limited liability company, in its capacity as agent for each member of the Lender Group (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
