AGREEMENT AND PLAN OF MERGER BY AND AMONG WWF OPERATING COMPANY; BLOCKER MERGER SUB INC.; TIERRA MERGER SUB, LLC; EB SAV INC.; EARTHBOUND HOLDINGS I, LLC; AND HM EARTHBOUND LLC (solely in its capacity as the Sellers’ Representative) AND THE WHITEWAVE...Merger Agreement • January 8th, 2014 • WHITEWAVE FOODS Co • Dairy products • Delaware
INCREMENTAL TERM LOAN AGREEMENTIncremental Term Loan Agreement • January 8th, 2014 • WHITEWAVE FOODS Co • Dairy products • New York
THIS INCREMENTAL TERM LOAN AGREEMENT dated as of January 2, 2014 (this “Agreement”) is by and among each of the Persons identified as “Term A-3 Incremental Term Loan Lenders” on the signature pages hereto (each, a “Term A-3 Incremental Term Loan Lender”), The WhiteWave Foods Company, a Delaware corporation (the “Borrower”), the Guarantors, and Bank of America, N.A., as Administrative Agent. Capitalized terms used but not otherwise defined herein have the meanings provided in the Credit Agreement (as hereinafter defined).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 8th, 2014 • WHITEWAVE FOODS Co • Dairy products • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of January 2, 2014 (the “Second Amendment Effective Date”) and is executed and delivered by and among THE WHITEWAVE FOODS COMPANY, a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below), as amended hereby.
