CONSENT, WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENTConsent, Waiver and Fifth • December 6th, 2004 • Sanfilippo John B & Son Inc • Sugar & confectionery products
This Consent, Waiver and Fifth Amendment (“Amendment”) is made as of the 17th day of November, 2004 to the Credit Agreement dated as of March 31, 1998 (as amended, supplemented, restated or otherwise modified and in effect from time to time, the “Credit Agreement”), by and among JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (and successor in interest to Sunshine Nut Co., Inc. and Quantz Acquisition Co., Inc., “Sanfilippo” or the “Borrower”), and JBS INTERNATIONAL, INC., a Barbados corporation which has been dissolved prior to the date of this Amendment (“JBS”), the financial institutions party thereto (collectively “Lenders” and individually a “Lender”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as successor Agent for the Lenders to U.S. Bancorp Ag Credit, Inc., a Colorado corporation (the “Agent”). This Amendment is made by Borrower and the Lenders and is executed by at least the Required Lenders. Except as defined herein, all capitali
