0001193125-12-125586 Sample Contracts

FORBEARANCE AGREEMENT AND SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 21st, 2012 • Diamond Foods Inc • Miscellaneous food preparations & kindred products • New York

This FORBEARANCE AGREEMENT AND SECOND AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) is made as of March 21, 2012 and entered into by and among Diamond Foods, Inc., (the “Borrower”), the Subsidiaries of the Borrower identified on the signature pages hereto as guarantors (collectively, the “Guarantors”), Bank of America, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), and the lenders party hereto (collectively, the “Lenders”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement (defined below).

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