Confidential information redacted and filed separately with the Commission. Omitted portions indicated by [***] TriNet Employer Group SUBSCRIBER SERVICE AGREEMENTSubscriber Service Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • California
This AGREEMENT is made between the individual or firm named as SUBSCRIBER on Exhibit A (which is incorporated into this agreement) and TriNet Employer Group, Inc. (TRINET) a California corporation.
Confidential information redacted and filed separately with the Commission. Omitted portions indicated by [***] CONTRACT MANUFACTURING AND PACKAGING AGREEMENTContract Manufacturing and Packaging Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • Oregon
This Agreement (the “Agreement”), dated this 18 day of April, 2008, is between Annie’s Homegrown, Inc. (“Customer”), and Harmony Foods Corp (dba Santa Cruz Nutritionals), a Delaware corporation (“Manufacturer”).
Annie’s, Inc. Header]Employment Separation Agreement and Release • January 18th, 2012 • Annie's, Inc. • Food and kindred products • California
This letter is with reference to our meeting on April 1, 2011 regarding your employment with Annie’s, Inc. and its related entities (collectively the “Company”) and our subsequent discussions. As we discussed, the Company has made the business decision to end your employment relationship, but it is willing to agree to the mutual separation of your employment pursuant to your resignation on May 31, 2011, and the Company has offered you a separation package in exchange for a release of all claims as set forth in this letter below. This letter supersedes and replaces the prior severance offer letters presented to you dated April 1, 2011, April 7, 2011, April 14, 2011, and April 15, 2011. You may accept the terms of the separation package as described below by signing and returning a copy of this letter to my attention.
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products
THIS AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) dated as of August 25, 2010, is between ANNIE’S, INC., a Delaware corporation, formerly known as Homegrown Naturals, Inc., which is qualified to do business in the State of California as Homegrown Naturals, ANNIE’S ENTERPRISES, INC., a Vermont corporation, ANNIE’S HOMEGROWN, INC., a Delaware corporation, and NAPA VALLEY KITCHENS, a California corporation (individually and collectively, the “Pledgor”) and BANK OF AMERICA, N.A., its subsidiaries and affiliates (collectively, the “Bank”).
Confidential information redacted and filed separately with the Commission. Omitted portions indicated by [***] REVISED CONTRACT MANUFACTURING AND PACKAGING AGREEMENTContract Manufacturing and Packaging Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products
This Agreement dated as of 4 -1 -, 2007 by and between Annie’s Homegrown, Inc. (“Annie’s”), a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 564 Gateway Drive, Napa, CA 94558, on the one hand, and Philadelphia Macaroni Company (doing business as Conte Luna Foods) (“Conte Luna”), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 760 South 11th Street, Philadelphia, Pennsylvania 19147, on the other hand.
Confidential information redacted and filed separately with the Commission. Omitted portions indicated by [***] CONTRACT MANUFACTURING AND PACKAGING AGREEMENTContract Manufacturing and Packaging Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • New York
Agreement dated as of May 29, 2009 by and between Annie’s Enterprises, Inc. (d/b/a Annie’s Naturals) (“Customer”) and Chelten House Products, Inc. (“Manufacturer”), each a “Party” and together the “Parties”.
Confidential information redacted and filed separately with the Commission. Omitted portions indicated by [***]Purchase Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products
Our terms of payment are [***] days from the invoice date in U.S. dollars. Payments received within ten days of invoice date earn a one percent discount on that portion of the invoice amount which represents glass, F.O.B. Bridgeton, New Jersey and not including pallet charges. We will charge interest at[***] percent per month on all amounts outstanding for more than [***] days, including the billed amount ($ [***] each) for pallets. If a customer’s account discloses amounts of any sort outstanding for more than [***] days we will not release glass to that customer until payment is received for all amounts outstanding for [***] or more days.
Addendum to our Agreement dated January 12, 2007Addendum to Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products
Please let this letter agreement serve as an addendum to extend the on-going agreement between Leone Industries (“Leone”) and Annie’s , Inc. (“Annie’s”), their successors or assigns dated January 12, 2007 which currently runs through June 30, 2009 until June 30, 2013 (the “Term”). Once signed, this addendum will become part of the previously signed Agreement dated January 12, 2007 by and between Leone and Annie’s (the “Original Agreement” and as amended hereby, the “Agreement”) and will be subject to the same terms and conditions unless otherwise noted below. The prices provided are based upon that Agreement continuing and the volumes and items being purchased on a normal and exclusive basis.
Annie’s, Inc.Consulting Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • New York
Annie’s, Inc. (the “Company”) hereby agrees to retain you, Solera Capital, LLC (“Solera”), to continue to provide consulting and advisory services to the Company for a term ending on the later of: (i) March 5, 2014, or (ii) the date on which Solera and its affiliates cease to own at least 10% of the voting equity of the Company (including any successor thereto). Such services may include (i) assisting in the raising of additional debt and equity capital from time to time for the Company, if deemed advisable by the Board of Directors of the Company, (ii) assisting the Company in its long-term strategic planning generally and (iii) providing such other consulting and advisory services as the Company may reasonably request.
SECOND AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • California
THIS SECOND AMENDED AND RESTATED LOAN AGREEMENT dated as of December 21st, 2011 is between Bank of America, N.A. (the “Bank”) and ANNIE’S, INC., a Delaware corporation, formerly known as Homegrown Naturals, Inc., which is qualified to do business in the State of California as Homegrown Naturals, ANNIE’S ENTERPRISES, INC., a Vermont corporation, ANNIE’S HOMEGROWN, INC., a Delaware corporation, and NAPA VALLEY KITCHENS, a California corporation (individually and collectively, the “Borrower”).
OFFICE LEASE for BERKELEY, CALIFORNIA by and between CEDAR/FOURTH STREET PARTNERS and ANNIE’S, INC.Office Lease • January 18th, 2012 • Annie's, Inc. • Food and kindred products • California
THIS LEASE (“Lease”), is made as of this day of November 2010, by and between Cedar/Fourth Street Partners, a California general partnership (“Landlord”) and Annie’s, Inc., a Delaware corporation (“Tenant”) for space in a portion of that building commonly known as 1609 Fourth Street/1610 Fifth Street (the “Building”) located in the City of Berkeley, County of Alameda, State of California. In consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Lease shall be upon the terms and conditions contained hereinafter.
PRODUCT SUPPLY AGREEMENTProduct Supply Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • New York
This PRODUCT SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of November 1, 2011 (the “Effective Date”) by and between Annie’s Homegrown, Inc., a Delaware corporation with its principal offices located at 1610 Fifth Street, Berkeley, CA 94710 (“Annie’s”), and DairiConcepts, L.P., a Delaware limited partnership with its principal offices located at 3253 East Chestnut Expressway, Springfield, Missouri 65802 (“DC”) (each of Annie’s and DC, a “Party” and together the “Parties”).
Confidential information redacted and filed separately with the Commission. Omitted portions indicated by [***]Distribution Agreement • January 18th, 2012 • Annie's, Inc. • Food and kindred products • California
Agreement dated as of Sept. 30, 2011 by and between Annie’s, Inc. (“ANNIE’S”) and Distribution 2000, Inc. (“D2000” and together with ANNIE’S, the “PARTIES”). This Agreement will supersede the Agreement between the PARTIES dated as of January 2, 2009, as amended, as of the Effective Date (defined below).
