Exhibit 10.9 OVERHILL FARMS, INC. SECOND AMENDED AND RESTATED SECURED SENIOR TERM A NOTE $17,800,000.00 Originally Amended and Restated April 16, 2003, as Further Amended and Restated October 31, 2003 FOR VALUE RECEIVED, the undersigned, OVERHILL...Secured Senior Term Note • November 5th, 2003 • Overhill Farms Inc • Canned, frozen & preservd fruit, veg & food specialties
This Second Amended and Restated Secured Senior Term A Note (this "NOTE") is the "Senior Term A Note" referred to in that certain Second Amended and Restated Loan and Security Agreement dated as of April 16, 2003, as amended by a First Amendment to Second Amended and Restated Loan and Security Agreement dated as of May 16, 2003, a Second Amendment to Second Amended and Restated Loan and Security Agreement dated as of June 19, 2003, and a Third Amendment to Second Amended and Restated Loan and Security Agreement dated as of October 31, 2003 (the "THIRD AMENDMENT") (as so amended and as further amended from time to time, the "LOAN AGREEMENT"), by and among Borrower and Payee. This Note (i) amends and restates the Amended and Restated Senior Term A Note dated April 16, 2003, in the original principal amount of $17,000,000.00, and (ii) evidences the Senior Term A Loan, including the original principal amount of $17,000,000.00 and the $800,000.00 of Additional Funds (as defined in the Third
