AMENDED AND RESTATED FIRST LIEN LOAN AND SECURITY AGREEMENT Dated as of November 4, 2022 SELWAY WINE COMPANY, as Intermediate Holdco MALLARD BUYER CORP., AND CERTAIN OTHER PERSONS FROM TIME TO TIME PARTY HERETO, as Borrowers BANK OF THE WEST, as...First Lien Loan and Security Agreement • November 4th, 2022 • Duckhorn Portfolio, Inc. • Beverages • New York
THIS AMENDED AND RESTATED FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of November 4, 2022, among SELWAY WINE COMPANY, 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 (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”) and Bank of the West, COMPEER FINANCIAL, PCA (“Compeer Financial”) 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”).
FIRST AMENDMENT TO AMENDED AND RESTATED FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan and Security Agreement • March 8th, 2023 • Duckhorn Portfolio, Inc. • Beverages
This FIRST AMENDMENT TO AMENDED AND RESTATED FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of February 6, 2023, and is entered into by and among SELWAY WINE COMPANY, a Delaware corporation (“Intermediate Holdco”), MALLARD BUYER CORP., a Delaware corporation (“Borrower Agent”), each other Subsidiary of Intermediate Holdco party hereto (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 FIVE AND WAIVER TO FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan 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”).
AMENDMENT NUMBER FOUR TO FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan 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”).
SECOND AMENDMENT TO AMENDED AND RESTATED FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan and Security Agreement • June 8th, 2023 • Duckhorn Portfolio, Inc. • Beverages
This SECOND AMENDMENT TO AMENDED AND RESTATED FIRST LIEN LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of May 2, 2023, and is entered into by and among SELWAY WINE COMPANY, a Delaware corporation (“Intermediate Holdco”), MALLARD BUYER CORP., a Delaware corporation (“Borrower Agent”), each other Subsidiary of Intermediate Holdco party hereto (together with the Borrower Agent, each a “Borrower” and, collectively, “Borrowers”), the Lenders (as defined below) party hereto, and BMO HARRIS BANK N.A., as successor in interest to BANK OF THE WEST (“BMO”), as administrative agent for the Lenders (in such capacity, “Agent”).
AMENDMENT NUMBER SIX TO FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan and Security Agreement • February 23rd, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
AMENDMENT NUMBER ONE TO FIRST LIEN LOAN AND SECURITY AGREEMENTFirst Lien Loan 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”).
