PROCESSING AND PACKAGING AGREEMENTProcessing and Packaging Agreement • May 25th, 2007 • Smart Balance, Inc. • Blank checks • Arkansas
Certain portions hereof denoted with “[***]” have been omitted pursuant to a request for confidential treatment. An unredacted copy hereof has been filed separately with the United States Securities and Exchange Commission pursuant to a request for confidential treatment.
LICENSE AGREEMENTLicense Agreement • May 25th, 2007 • Smart Balance, Inc. • Blank checks • Massachusetts
This Agreement, made and entered into this 18th day of June, 1996, (the Effective Date) by and between BRANDEIS UNIVERSITY, a not-for-profit corporation duly organized and existing under the laws of the Commonwealth of Massachusetts and having its principal office at 415 South Street, Waltham, Massachusetts 02254 U.S.A. (hereinafter referred to as “BRANDEIS”), and GFA Brands, Inc., its AFFILIATE companies, and its successors or assigns, collectively referred to as GFA BRANDS, a corporation duly organized and existing under the laws of the State of Ohio and having its principal office at 211 Knickerbocker Road, Cresskill, NJ 07626 (hereinafter referred to as “LICENSEE”).
FIRST LIEN CREDIT AGREEMENT Dated as of May 21, 2007 among BSB ACQUISITION CO., INC., as the Borrower, BOULDER SPECIALTY BRANDS, INC., as Holdings, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders...First Lien Credit Agreement • May 25th, 2007 • Smart Balance, Inc. • Blank checks • New York
This FIRST LIEN CREDIT AGREEMENT (“Agreement”) is entered into as of May 21, 2007, among BSB ACQUISITION CO., INC., a Delaware corporation (and together with the Surviving Corporation (as hereinafter defined), the “Borrower”), BOULDER SPECIALTY BRANDS, INC., a Delaware corporation (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
SECOND LIEN CREDIT AGREEMENT Dated as of May 21, 2007 among BSB ACQUISITION CO., INC., as the Borrower, BOULDER SPECIALTY BRANDS, INC., as Holdings, BANK OF AMERICA, N.A., as Administrative Agent, and The Other Lenders Party Hereto BANC OF AMERICA...Second Lien Credit Agreement • May 25th, 2007 • Smart Balance, Inc. • Blank checks • New York
This SECOND LIEN CREDIT AGREEMENT (“Agreement”) is entered into as of May18, 2007, among BSB ACQUISITION CO., INC., a Delaware corporation (and together with the Surviving Corporation (as hereinafter defined), the “Borrower”), BOULDER SPECIALTY BRANDS, INC., a Delaware corporation (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent.
MANUFACTURING AGREEMENT FOR MARGARINE AND SPREADSManufacturing Agreement • May 25th, 2007 • Smart Balance, Inc. • Blank checks • California
This Manufacturing Agreement (the “Agreement”) is made and entered into as of the Effective Date shown above by and between
SMART BALANCE, INC. STOCK AND AWARDS PLAN AWARD AGREEMENTStock and Awards Agreement • May 25th, 2007 • Smart Balance, Inc. • Blank checks
THIS AWARD AGREEMENT is entered into this day of May, 2007, by and between SMART BALANCE, INC. (the “Company”) and {INSERT PARTICIPANT’S NAME} (the “Participant”). This Agreement confirms a grant of certain stock options made under the SMART BALANCE, INC. STOCK AND AWARDS PLAN (the “Plan”).
