125.0 MILLION AMENDED AND RESTATED CREDIT AGREEMENT dated as of February 25, 2005, among BEAR CREEK CORPORATION, as Borrower, BEAR CREEK HOLDINGS INC. (formerly known as Pear Acquisition Inc.) and THE OTHER GUARANTORS PARTY HERETO, as Guarantors, THE...Credit Agreement • August 4th, 2005 • Harry & David Holdings, Inc. • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of February 25, 2005 is among BEAR CREEK CORPORATION, a Delaware corporation (the “Borrower”), BEAR CREEK HOLDINGS INC., a Delaware corporation formerly known as Pear Acquisition Inc. (“Holdings”), the other Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC, as lead arranger (in such capacity, “Arranger”), UBS LOAN FINANCE LLC, as a Lender and as swingline lender (in such capacity, “Swingline Lender”), UBS AG, STAMFORD BRANCH (“UBS AG”), as issuing bank (in such capacity, “Issuing Bank”), as the administrative collateral agent (in such capacity, the “Administrative Collateral Agent”) and as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and GMAC COMMERCIAL FINANCE LLC, as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties and Issuing Bank.
EMPLOYMENT AGREEMENTEmployment Agreement • August 4th, 2005 • Harry & David Holdings, Inc. • Delaware
THIS EMPLOYMENT AGREEMENT is made as of June 17, 2004 (this “Agreement”), by and between Bear Creek Corporation, a Delaware corporation (the “Company”), and William H. Williams (“Executive”).
BEAR CREEK CORPORATION AND EACH OF THE GUARANTORS PARTY HERETO SENIOR FLOATING RATE NOTES DUE 2012 9.0% SENIOR NOTES DUE 2013Indenture • August 4th, 2005 • Harry & David Holdings, Inc. • New York
INDENTURE dated as of February 25, 2005 among BEAR CREEK CORPORATION, a Delaware corporation, the Guarantors (as defined) and WELLS FARGO BANK, N.A., as trustee.
CONSENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 4th, 2005 • Harry & David Holdings, Inc. • New York
This CONSENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is effective as of April 8, 2005 by and among BEAR CREEK CORPORATION, a Delaware corporation (“Borrower”), the Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I of the Credit Agreement referenced below), the Required Lenders signatory hereto, UBS AG, STAMFORD BRANCH, as administrative agent (the “Administrative Agent”) for the Lenders, and GMAC Commercial Finance LLC, as collateral agent (the “Collateral Agent”; and together with the Administrative Agent, the “Agents”) for the Secured Parties and Issuing Bank.
