MILK SUPPLY AGREEMENTMilk Supply Agreement • June 5th, 2006 • Eagle Family Foods Inc • Miscellaneous food preparations & kindred products • Texas
This Milk Supply Agreement (“Agreement”) is entered into as of the 23rd day of November, 2004, by and between Dairy Farmers of America, Inc., a Kansas cooperative marketing association (“Seller”) and Eagle Family Foods, Inc., a Delaware corporation (“Buyer”). Buyer desires to purchase unprocessed Grade “A” milk (“Demand Milk”) from Seller. Seller desires to supply all the quantities of Demand Milk to Buyer’s processing plant located in El Paso, Texas (the “Plant”).
SECOND AMENDMENT TO FINANCING AGREEMENTFinancing Agreement • June 5th, 2006 • Eagle Family Foods Inc • Miscellaneous food preparations & kindred products • New York
Eagle Family Foods, Inc. Gahanna, Ohio 43230 Tolling AgreementTolling Agreement • June 5th, 2006 • Eagle Family Foods Inc • Miscellaneous food preparations & kindred products • Texas
Reference is made to that certain Asset Purchase Agreement (the “Asset Purchase Agreement”) dated as of November 23, 2004 by and among Dairy Farmers of America, Inc. (“DFA”) as Seller, Mid-Am Capital, L.L.C., Eagle Family Foods, Inc. (“Eagle”) as Buyer, and Eagle Family Foods Holdings, Inc., as Parent, pursuant to which Eagle will purchase DFA’s manufacturing plant located in El Paso, Texas (the “Plant”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Asset Purchase Agreement.
