Credit Agreement
Category: Credit
SIXTH AMENDED AND RESTATED CREDIT AGREEMENT
THIS SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, modified,
supplemented, renewed or restated from time to time, this “Agreement”) is made
as of July 25, 2007, by and between NATIONAL BEEF PACKING COMPANY, LLC, a
Delaware limited liability company (together with its successors as permitted
herein, the “Borrower”), the lenders from time to time party hereto
(collectively, the “Lenders” and individually, a “Lender”), COÖPERATIEVE
CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH,
(”Rabobank”) as Documentation Agent, and COBANK, ACB, an agricultural credit
bank (”CoBank”), as Lead Arranger, Syndication Agent, Swing Line Lender and
Administrative Agent for the Lenders, the Issuers and the Swing Line Lender
hereunder (in its capacity as Administrative Agent, together with its successors
and assigns in such capacity, the “Agent”).
RECITALS
WHEREAS, the Borrower, Rabobank, and the Agent, and the lenders from time
to time party thereto (collectively, the “Existing Lenders”) are parties to a
Fifth Amended and Restated Credit Agreement dated as of May 30, 2006, as amended
by a First Amendment to Fifth Amended and Restated Credit Agreement dated as of
March 21, 2007 (as so amended, together with its predecessor agreements, the
“Existing Credit Agreement”), pursuant to which the Existing Lenders have
extended certain revolving credit loans and term loans to the Borrower;
WHEREAS, the Borrower has requested that the Existing Lenders and certain
new Lenders increase and extend the Line of Credit Loan facility in the Existing
Credit Agreement, and that other changes be made to the terms of the Existing
Credit Agreement; and
WHEREAS, as of and on, but subject to the occurrence of, the Restatement
Date, the Existing Line of Credit Notes will be extended and renewed by the Line
of Credit Notes and the Existing Credit Agreement shall be amended and restated
as set forth in this Agreement;
NOW, THEREFORE, in consideration of the foregoing and of the terms and
conditions contained in this Agreement, and for any loans or extensions of
credit or other financial accommodations at any time made to or for the benefit
of the Borrower by the Agent or the Lenders, the parties hereto agree that as of
and on, but subject to the occurrence of, the Restatement Date, the Existing
Credit Agreement shall be amended and restated in its entirety to read as
follows:
ARTICLE I
DEFINITIONS
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