AMENDMENT NUMBER SEVEN TO FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan and Security Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
THIS FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of October 14, 2016, among MALLARD INTERMEDIATE, INC., a Delaware corporation (“Intermediate Holdco”),, MALLARD BUYER CORP., a Delaware corporation (“Borrower Agent”), each other Subsidiary of Intermediate Holdco party to this Agreement from time to time, including the Project Vine Targets identified below (together with the Borrower Agent, each a “Borrower” and, collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF THE WEST (“Bank of the West”), as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), Bank of the West, ING CAPITAL LLC (“ING Capital”) and AMERICAN AGCREDIT, PCA (“American AgCredit”), as joint lead arrangers (in such capacity, together with their successors and assigns in such capacity, the “Joint Lead Arrangers”),
AMENDMENT NUMBER FIVE AND WAIVER TO FIRST LIEN LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
This AMENDMENT NUMBER FIVE AND WAIVER TO FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of June 7, 2019, and is entered into by and among MALLARD INTERMEDIATE, INC., a Delaware corporation (“Intermediate Holdco”), MALLARD BUYER CORP., a Delaware corporation (“Borrower Agent”), each other Subsidiary of Intermediate Holdco from time to time party to the Loan Agreement referenced below (together with the Borrower Agent, each a “Borrower” and, collectively, “Borrowers”), the Lenders (as defined below) party hereto, and BANK OF THE WEST (“Bank of the West”), as administrative agent for the Lenders (in such capacity, “Agent”).
GRAPE PURCHASE AGREEMENT AMENDMENTGrape Purchase Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages
This document shall serve as an Amendment to the Grape Purchase Agreement by and between Duckhorn Wine Company (Buyer) and Alex and [****] Ryan (Grower), drafted on May 11, 2016 for the purchase of Merlot grapes from Mt. George Vineyard, specific to section 1. f. Vineyard Blocks, Varietals, Quantities:
AMENDMENT NUMBER FOUR TO FIRST LIEN LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
This AMENDMENT NUMBER FOUR TO FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of October 30, 2018, and is entered into by and among MALLARD INTERMEDIATE, INC., a Delaware corporation (“Intermediate Holdco”). MALLARD BUYER CORP., a Delaware corporation (“Borrower Agent”), each other Subsidiary of Intermediate Holdco from time to time party to the Loan Agreement referenced below (together with the Borrower Agent, each a “Borrower” and, collectively, “Borrowers”), the Lenders (as defined below) party hereto, and BANK OF THE WEST (“Bank of the West”), as administrative agent for the Lenders (in such capacity, “Agent”).
AMENDMENT NUMBER SIX TO FIRST LIEN LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
MALLARD HOLDCO, LLC AWARD AGREEMENTAward Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • Delaware
THIS AWARD AGREEMENT (this “Agreement”) is made as of this day of , , (the “Grant Date”) between Mallard Holdco, LLC, a Delaware limited liability company (the “Company”), and the undersigned Recipient (the “Recipient”). Any capitalized terms used but not defined herein shall have the meanings ascribed to them in the Plan (as defined below).
AMENDMENT NUMBER ONE TO FIRST LIEN LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
This AMENDMENT NUMBER ONE TO FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of July 28, 2017, and is entered into by and among MALLARD INTERMEDIATE, INC., a Delaware corporation (“Intermediate Holdco”), MALLARD BUYER CORP., a Delaware corporation (“Borrower Agent”), each other Subsidiary of Intermediate Holdco from time to time party to the Loan Agreement referenced below (together with the Borrower Agent, each a “Borrower” and, collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF THE WEST (“Bank of the West”), as administrative agent for Lenders (in such capacity, “Agent”).
ContractDuckhorn Portfolio, Inc. • February 23rd, 2021 • Beverages
CERTAIN INFORMATION IDENTIFIED WITH [****] HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL AND (ii) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
