Common use of Principal Documents Clause in Contracts

Principal Documents. 1. Ninth Amended and Restated Receivables Purchase Agreement among Dairy Group Receivables, L.P., a Delaware limited partnership (“Dairy Group”), Dairy Group Receivables II, L.P., a Delaware limited partnership (“Dairy Group II” and, together with Dairy Group, the “Sellers”), each of the parties listed on Schedule I as a Servicer (the Servicers, together with the Sellers, the “Seller Parties”), Nieuw Amsterdam Receivables Corporation B.V. (“Nieuw Amsterdam”), as a Company, Coöperatieve Rabobank U.A. (“Rabobank”), as a Financial Institution, other Companies and Financial Institutions (the “Purchasers”), LC Bank, as issuer of Letters of Credit (the “LC Bank”), and Coöperatieve Rabobank U.A., New York Branch, as Agent (the “Agent”), to which are attached: Exhibit I Definitions Exhibit II Form of Purchase Notice Exhibit III Places of Business of the Seller Parties; Locations of Records Exhibit IV Names of Collection Banks; Collection Accounts Exhibit V Form of Compliance Certificate Exhibit VI Form of Collection Account Agreement Exhibit VII Form of Assignment Agreement Exhibit VIII Credit and Collection Policies Exhibit IX Form of Letter of Credit Application Exhibit X Form of Monthly Report Exhibit X-A Form of Interim Report Exhibit XI Form of Performance Undertaking Exhibit XII Forms of U.S. Tax Compliance Certificates Exhibit XIII Form of Interim Order Schedule A Commitments Schedule B Closing Documents Schedule C Servicers Schedule D Originators Schedule E Notice Addresses Schedule F Top Twenty-Five Obligors 2. Eighth Amended and Restated Master Fee Letter between each Seller, each Purchaser, the Agent and the LC Bank 3. Third Amended and Restated Receivables Sale Agreement between the Originators party thereto and Dairy Group 4. Second Amended and Restated Receivables Sale Agreement between the Originators party thereto and Dairy Group II 5. Amended and Restated Performance Undertakings by ▇▇▇▇ Foods Company (“Provider”) 6. Amended and Restated Intercreditor Agreement 7. Secretary’s Certificate of Dairy Group and Dairy Group II (and Resolutions thereto) 8. Letter of Credit Backstop Agreement among the Provider, Sellers, the Servicers party thereto, and PNC, and acknowledged by Agent, Nieuw Amsterdam, and Rabobank 1. ▇▇▇▇-▇▇▇▇ Certified Dairy, LLC Delaware 2. Berkeley Farms, LLC California

Principal Documents. 1. Ninth Eighth Amended and Restated Receivables Purchase Agreement among Dairy Group Receivables, L.P., a Delaware limited partnership (“Dairy Group”), Dairy Group Receivables II, L.P., a Delaware limited partnership (“Dairy Group II” and, together with Dairy Group, the “Sellers”), each of the parties listed on Schedule I as a Servicer (the Servicers, together with the Sellers, the “Seller Parties”), Nieuw Amsterdam Receivables Corporation B.V. (“Nieuw Amsterdam”), as a Company, Coöperatieve Rabobank U.A. (“Rabobank”), as a Financial Institution, other Companies and Financial Institutions (the “Purchasers”), LC Bank, as issuer of Letters of Credit (the “LC Bank”), and Coöperatieve Rabobank U.A., New York Branch, as Agent (the “Agent”), to which are attached: Exhibit I Definitions Exhibit II Form of Purchase Notice Exhibit III Places of Business of the Seller Parties; Locations of Records Exhibit IV Names of Collection Banks; Collection Accounts Exhibit V Form of Compliance Certificate Exhibit VI Form of Collection Account Agreement Exhibit VII Form of Assignment Agreement Exhibit VIII Credit and Collection Policies Exhibit IX Form of Letter of Credit Application Exhibit X Form of Monthly Report Exhibit X-A Form of Interim Report Exhibit XI Form of Performance Undertaking Exhibit XII Forms of U.S. Tax Compliance Certificates Exhibit XIII Form of Interim Order Schedule A Commitments Schedule B Closing Documents Schedule C Servicers Schedule D Originators Schedule E Notice Addresses Schedule F Top Twenty-Five Obligors 2. Eighth Seventh Amended and Restated Master Fee Letter between each Seller, each Purchaser, the Agent and the LC Bank 3. Third Amended and Restated Receivables Sale Agreement between the Originators party thereto and Dairy Group 4. Second Amended and Restated Receivables Sale Agreement between the Originators party thereto and Dairy Group II 5. Amended and Restated Performance Undertakings by ▇▇▇▇ Foods Company (“ProviderDFC”) 64. Amended and Restated Intercreditor Agreement 7. Secretary’s Certificate of Dairy Group and Dairy Group II (and Resolutions thereto) 8. Letter of Credit Backstop Agreement among the Provider, Sellers, the Servicers party thereto, and PNC, and acknowledged by Agent, Nieuw Amsterdam, and Rabobank 1. ▇▇▇▇-▇▇▇▇ Certified Dairy, LLC Delaware 2. Berkeley Farms, LLC CaliforniaCalifornia Country Fresh, LLC Michigan ▇▇▇▇ Dairy Holdings, LLC Delaware ▇▇▇▇ East, LLC Delaware ▇▇▇▇ East II, LLC Delaware ▇▇▇▇ Foods North Central, LLC Delaware ▇▇▇▇ Foods of Wisconsin, LLC Delaware ▇▇▇▇ ▇▇▇▇, LLC Delaware ▇▇▇▇ ▇▇▇▇ II, LLC Delaware Friendly’s Ice Cream Holdings Corp. Delaware Friendly’s Manufacturing and Retail, LLC Delaware Garelick Farms, LLC Delaware ▇▇▇▇▇▇▇▇ Dairy Farms, LLC Delaware Midwest Ice Cream Company, LLC Delaware Model Dairy, LLC Delaware ▇▇▇▇▇▇ Dairy, LLC Delaware Shenandoah’s Pride, LLC Delaware Southern Foods Group, LLC Delaware Suiza Dairy Group, LLC Delaware Tuscan/Lehigh Dairies, Inc. Delaware Verifine Dairy Products of Sheboygan, LLC Wisconsin Sch. B-3 Berkeley Farms, LLC Country Fresh, LLC ▇▇▇▇ Dairy Holdings, LLC ▇▇▇▇ East, LLC ▇▇▇▇ East II, LLC ▇▇▇▇ Foods North Central, LLC ▇▇▇▇ Foods of Wisconsin, LLC ▇▇▇▇ ▇▇▇▇, LLC ▇▇▇▇ ▇▇▇▇ II, LLC Friendly’s Ice Cream Holdings Corp. Friendly’s Manufacturing and Retail, LLC Garelick Farms, LLC ▇▇▇▇▇▇▇▇ Dairy Farms, LLC Midwest Ice Cream Company, LLC Model Dairy, LLC ▇▇▇▇▇▇ Dairy, LLC Shenandoah’s Pride, LLC Southern Foods Group, LLC Suiza Dairy Group, LLC Tuscan/Lehigh Dairies, Inc. Verifine Dairy Products of Sheboygan, LLC ▇▇▇▇-▇▇▇▇ Certified Dairy, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ Farms, LLC ▇▇▇▇ Country Fresh, LLC Suiza ▇▇▇▇ Dairy Holdings, LLC ▇▇▇▇ ▇▇▇▇ East, LLC Suiza ▇▇▇▇ East II, LLC ▇▇▇▇ ▇▇▇▇ Foods North Central, LLC ▇▇▇▇ ▇▇▇▇ Foods of Wisconsin, LLC Suiza ▇▇▇▇ ▇▇▇▇, LLC Suiza ▇▇▇▇ ▇▇▇▇ II, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ Farms, LLC Suiza Friendly’s Ice Cream Holdings Corp. Suiza Friendly’s Manufacturing and Retail, LLC Suiza ▇▇▇▇▇▇▇▇ Dairy Farms, LLC ▇▇▇▇ Midwest Ice Cream Company, LLC ▇▇▇▇ Model Dairy, LLC Suiza ▇▇▇▇▇▇ Dairy, LLC ▇▇▇▇ Shenandoah’s Pride, LLC Suiza Southern Foods Group, LLC Suiza Suiza Dairy Group, LLC Suiza Tuscan/Lehigh Dairies, Inc. Suiza Verifine Dairy Products of Sheboygan, LLC ▇▇▇▇ The Agent: Coöperatieve Rabobank U.A., New York Branch ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Transaction Management Team Email: ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Confirmation No.: (▇▇▇) ▇▇▇-▇▇▇▇ Rabobank: Coöperatieve ▇▇▇▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ The Netherlands Rabobank Company: Nieuw Amsterdam Receivables Corporation B.V. Prins Bernhardplein 200 1097 JB Amsterdam The Netherlands Attention: The Directors Email: ▇▇-▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Facsimile No.: +▇▇ (▇)▇▇ ▇▇▇ ▇▇▇▇ Confirmation No.: +▇▇ (▇)▇▇ ▇▇▇ ▇▇▇▇ PNC: PNC Bank, National Association ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ABF Admin Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ PNC Company PNC Bank, National Association ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ABF Admin Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Seller and each Seller Party: See Exhibit III under the heading “Principal Place of Business” LC Bank: PNC Bank, National Association ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ABF Admin Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ 1. 7-Eleven 2. Ahold / Delhaize / Food Lion Stores / Hannaford / Kash & ▇▇▇▇▇ 3. Albertsons & Safeway 4. Aldi 5. BJ’s Wholesale Club 6. C&S 7. Costco