LOAN AND SECURITY AGREEMENT by and among PRIMO WATER CORPORATION PRIMO PRODUCTS, LLC PRIMO DIRECT, LLC PRIMO REFILL, LLC and PRIMO ICE, LLC (as Borrowers) and PRIMO REFILL CANADA CORPORATION (as Guarantor) and TD BANK, N.A. (as a Lender and as Agent)...Loan and Security Agreement • May 2nd, 2012 • Primo Water Corp • Wholesale-groceries, general line • New York
This LOAN AND SECURITY AGREEMENT (this “Agreement”), dated April 30, 2012, is entered into by and among PRIMO WATER CORPORATION, a corporation organized under the laws of the State of Delaware (“Parent”), PRIMO PRODUCTS, LLC, a limited liability company organized under the laws of the State of North Carolina (“Products”), PRIMO DIRECT, LLC, a limited liability company organized under the laws of the State of North Carolina (“Direct”), PRIMO REFILL, LLC, a limited liability company organized under the laws of the State of North Carolina (“Refill”), PRIMO ICE, LLC, a limited liability company organized under the laws of the State of North Carolina (“ICE”; and together with Parent, Products, Direct, Refill and any other Person that at any time after the date hereof becomes a Borrower, each a “Borrower” and collectively, the “Borrowers”), PRIMO REFILL CANADA CORPORATION, a corporation organized under the laws of the Province of British Columbia, Canada (“Canadian Guarantor”; and together w
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 2nd, 2012 • Primo Water Corp • Wholesale-groceries, general line
This Registration Rights Agreement (this “Agreement”) is made as of April 30, 2012 by Primo Water Corporation, a Delaware corporation (the “Company”), for the benefit of the Holders (as such term is hereinafter defined). The Company hereby confirms that the rights granted under this Agreement constitute a material inducement to the Holders to enter into the Credit Agreement, make the term loan and other financial accommodations thereunder, and/or acquire or hold Warrant Shares (as such term is hereinafter defined). Each Holder, by its participation or request to participate in any Registration effected pursuant to this Agreement, shall be deemed to have confirmed such Holder’s agreement to comply with the applicable provisions of this Agreement.
CREDIT AND SECURITY AGREEMENT by and among PRIMO WATER CORPORATION PRIMO PRODUCTS, LLC PRIMO DIRECT, LLC PRIMO REFILL, LLC and PRIMO ICE, LLC (as Borrowers) and PRIMO REFILL CANADA CORPORATION (as Guarantor) and COMVEST CAPITAL II, L.P. (as Lender)...Credit and Security Agreement • May 2nd, 2012 • Primo Water Corp • Wholesale-groceries, general line • New York
This CREDIT AND SECURITY AGREEMENT (this “Agreement”), dated April 30, 2012, is entered into by and among PRIMO WATER CORPORATION, a corporation organized under the laws of the State of Delaware (“Parent”), PRIMO PRODUCTS, LLC, a limited liability company organized under the laws of the State of North Carolina (“Products”), PRIMO DIRECT, LLC, a limited liability company organized under the laws of the State of North Carolina (“Direct”), PRIMO REFILL, LLC, a limited liability company organized under the laws of the State of North Carolina (“Refill”), PRIMO ICE, LLC, a limited liability company organized under the laws of the State of North Carolina (“ICE”; and together with Parent, Products, Direct, Refill and any other Person that at any time after the date hereof becomes a Borrower, each a “Borrower” and collectively, the “Borrowers”), PRIMO REFILL CANADA CORPORATION, a corporation organized under the laws of the Province of British Columbia, Canada (“Canadian Guarantor”; and together
TERM NOTETerm Note • May 2nd, 2012 • Primo Water Corp • Wholesale-groceries, general line • New York
FOR VALUE RECEIVED, each of the undersigned, Primo Water Corporation, a Delaware corporation, Primo Products, LLC, a North Carolina limited liability company, Primo Direct, LLC, a North Carolina limited liability company, Primo Refill, LLC, a North Carolina limited liability company, and Primo Ice, LLC, a North Carolina limited liability company (collectively, the “Maker”), hereby, jointly and severally, promises to pay to Comvest Capital II, L.P., a Delaware limited partnership (“Comvest”), or its registered assigns (hereinafter, collectively with Comvest, the “Payee”), the sum of Fifteen Million One Hundred Fifty Thousand ($15,150,000) Dollars (the “Principal”), with interest thereon, on the terms and conditions set forth herein and in the Credit and Security Agreement of even date herewith by and among the Maker and Comvest (as the same may be amended, modified, supplemented and/or restated from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement and not oth
