PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • February 1st, 2011 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
THIS PLEDGE AND SECURITY AGREEMENT, dated as of the 28th day of January, 2011 (this “Agreement”), is made by KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the “Parent”), KRISPY KREME DOUGHNUT CORPORATION, a North Carolina corporation (the “Borrower”), and by each of the undersigned Subsidiaries of the Borrower and each other Subsidiary that, after the date hereof, executes an instrument of accession hereto substantially in the form of Exhibit C (a “Pledgor Accession”; the undersigned and such other Subsidiaries, collectively, together with the Parent and the Borrower, the “Pledgors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders party to the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), for the benefit of the Secured Parties (as hereinafter defined). Except as otherwise provided herein, capitalized terms used herein without definition have the meanings given to them in the Credit Agreement
CREDIT AGREEMENT among KRISPY KREME DOUGHNUT CORPORATION, as Borrower, KRISPY KREME DOUGHNUTS, INC., as Parent Guarantor, THE LENDERS NAMED HEREIN, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, $60,000,000 Senior Secured Credit...Credit Agreement • February 1st, 2011 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
THIS CREDIT AGREEMENT, dated as of the 28th day of January, 2011, is made among KRISPY KREME DOUGHNUT CORPORATION, a North Carolina corporation (the “Borrower”), KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the “Parent”), the Lenders (as hereinafter defined), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders.
GUARANTY AGREEMENTGuaranty Agreement • February 1st, 2011 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
THIS GUARANTY AGREEMENT, dated as of the 28th day of January, 2011 (this “Guaranty”), is made by KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the “Parent”), each of the undersigned Subsidiaries of KRISPY KREME DOUGHNUT CORPORATION, a North Carolina corporation (the “Borrower”), and each other Subsidiary of the Borrower that, after the date hereof, executes an instrument of accession hereto substantially in the form of Exhibit A (a “Guarantor Accession”; the undersigned and such other Subsidiaries of the Borrower, collectively, the “Subsidiary Guarantors,” and together with the Parent, the “Guarantors”), in favor of the Guaranteed Parties (as hereinafter defined).Capitalized terms used herein without definition shall have the meanings given to them in the Credit Agreement referred to below.
