INDEMNIFICATION AGREEMENTIndemnification Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of , 2008, between PRIMO WATER CORPORATION, a Delaware corporation (the “Company”), and (“Indemnitee”).
CREDIT AGREEMENT among PRIMO WATER CORPORATION, as the Company, CERTAIN DOMESTIC SUBSIDIARIES OF THE COMPANY FROM TIME TO TIME PARTY HERETO, as Subsidiary Borrowers, CERTAIN DOMESTIC SUBSIDIARIES OF THE COMPANY FROM TIME TO TIME PARTY HERETO, as...Credit Agreement • November 16th, 2010 • Primo Water Corp • Wholesale-groceries, general line • New York
THIS CREDIT AGREEMENT, dated as of November 10, 2010, is by and among PRIMO WATER CORPORATION, a Delaware corporation (the “Company”), the Subsidiary Borrowers (as hereinafter defined), the Guarantors (as hereinafter defined), the Lenders (as hereinafter defined) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).
PRIMO WATER CORPORATION Common Stock Form of Underwriting AgreementUnderwriting Agreement • May 13th, 2011 • Primo Water Corp • Wholesale-groceries, general line • New York
Stifel, Nicolaus & Company, Incorporated As Representative of the Underwriters named in Schedule I hereto, c/o Stifel, Nicolaus & Company, Incorporated One Montgomery Street, Suite 3700 San Francisco, CA 94104
Primo Water Corporation Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • May 18th, 2018 • Primo Water Corp • Wholesale-groceries, general line • New York
Primo Water Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. and BMO Capital Markets Corp. are acting as representatives (the “Representatives” or “you”) an aggregate of 4,643,000 shares (the “Firm Securities”) of common stock, par value $0.001 per share (the “Common Stock”) of the Company, and, at the election of the Underwriters, up to 696,450 additional shares (the “Optional Securities”) of Common Stock (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).
PRIMO WATER CORPORATION Common Stock Form of Underwriting AgreementUnderwriting Agreement • August 11th, 2010 • Primo Water Corp • Wholesale-groceries, general line • New York
Wells Fargo Securities, LLC Stifel, Nicolaus & Company, Incorporated As Representatives of the Underwriters named in Schedule I hereto,
CREDIT AGREEMENT among PRIMO WATER CORPORATION, as the Company, CERTAIN DOMESTIC SUBSIDIARIES OF THE COMPANY FROM TIME TO TIME PARTY HERETO, as Subsidiary Borrowers, CERTAIN DOMESTIC SUBSIDIARIES OF THE COMPANY FROM TIME TO TIME PARTY HERETO, as...Credit Agreement • November 29th, 2011 • Primo Water Corp • Wholesale-groceries, general line • New York
THIS CREDIT AGREEMENT, dated as of November 10, 2010, is by and among PRIMO WATER CORPORATION, a Delaware corporation (the “Company”), the Subsidiary Borrowers (as hereinafter defined), the Guarantors (as hereinafter defined), the Lenders (as hereinafter defined) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).
CREDIT AND GUARANTY AGREEMENT dated as of December 12, 2016 among PRIMO WATER CORPORATION and certain of its Subsidiaries from time to time, as Companies, VARIOUS LENDERS, GOLDMAN SACHS BANK USA as Administrative Agent, Collateral Agent, and Lead...Credit and Guaranty Agreement • December 13th, 2016 • Primo Water Corp • Wholesale-groceries, general line • New York
This CREDIT AND GUARANTY AGREEMENT, dated as of December 12, 2016 is entered into by and among PRIMO WATER CORPORATION, a Delaware corporation, (“Primo”), PRIMO PRODUCTS, LLC, a North Carolina limited liability company (“Products”), PRIMO DIRECT, LLC, a North Carolina limited liability company (“Direct”), PRIMO REFILL, LLC, a North Carolina limited liability company (“Refill”), PRIMO ICE, LLC, a North Carolina limited liability company (“ICE”), upon consummation of the Closing Date Acquisition, GLACIER WATER SERVICES, INC., a Delaware corporation (“Glacier Water”), upon consummation of the Closing Date Acquisition, GW SERVICES, LLC, a California limited liability company (“GWS” and together with Primo, Products, Direct, Refill and ICE, and Glacier Water, and any other Subsidiaries of Holdings that hereafter join this Agreement, the “Companies” and each, a “Company”), the Lenders party hereto from time to time, GOLDMAN SACHS BANK USA (“GSBUSA”), as Administrative Agent (in such capacity
EMPLOYMENT AGREEMENTEmployment Agreement • March 7th, 2018 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS EMPLOYMENT AGREEMENT (the or this “Amendment”), made and entered into on the 6th day of March, 2018, by and between PRIMO WATER CORPORATION (the “Company”), a Delaware corporation having its principal office at Winston-Salem, North Carolina, and DAVID J MILLS (the “Executive”), an individual residing in Winston-Salem, North Carolina.
CREDIT AGREEMENT dated as of June 22, 2018 among PRIMO WATER CORPORATION, as the Borrower THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors THE LENDERS FROM TIME TO TIME PARTY HERETO BMO HARRIS BANK N.A. and U.S. BANK, NATIONAL...Credit Agreement • June 25th, 2018 • Primo Water Corp • Wholesale-groceries, general line • New York
THIS CREDIT AGREEMENT (this “Agreement”) is made and entered into as of June 22, 2018, by and among Primo Water Corporation, a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein), and SUNTRUST BANK, in its capacities as Administrative Agent, Issuing Bank and Swingline Lender.
LOAN AND SECURITY AGREEMENT by and among PRIMO WATER CORPORATION PRIMO PRODUCTS, LLC PRIMO DIRECT, LLC PRIMO REFILL, LLC and PRIMO ICE, LLC (as Borrowers) and PRIMO REFILL CANADA CORPORATION (as Guarantor) and TD BANK, N.A. (as a Lender and as Agent)...Loan and Security Agreement • May 2nd, 2012 • Primo Water Corp • Wholesale-groceries, general line • New York
This LOAN AND SECURITY AGREEMENT (this “Agreement”), dated April 30, 2012, is entered into by and among PRIMO WATER CORPORATION, a corporation organized under the laws of the State of Delaware (“Parent”), PRIMO PRODUCTS, LLC, a limited liability company organized under the laws of the State of North Carolina (“Products”), PRIMO DIRECT, LLC, a limited liability company organized under the laws of the State of North Carolina (“Direct”), PRIMO REFILL, LLC, a limited liability company organized under the laws of the State of North Carolina (“Refill”), PRIMO ICE, LLC, a limited liability company organized under the laws of the State of North Carolina (“ICE”; and together with Parent, Products, Direct, Refill and any other Person that at any time after the date hereof becomes a Borrower, each a “Borrower” and collectively, the “Borrowers”), PRIMO REFILL CANADA CORPORATION, a corporation organized under the laws of the Province of British Columbia, Canada (“Canadian Guarantor”; and together w
Employment AgreementEmployment Agreement • June 4th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
This Employment Agreement (the “Agreement”) is made as of April 1, 2010 between Primo Water Corporation, a Delaware corporation (the “Company”), and Mark Castaneda (the “Executive”).
AGREEMENT AND PLAN OF MERGER among: PRIMO WATER CORPORATION, a Delaware corporation; COTT CORPORATION, a corporation organized under the laws of Canada; COTT HOLDINGS INC., a Delaware corporation; FORE ACQUISITION CORPORATION, a Delaware corporation;...Agreement and Plan of Merger • January 13th, 2020 • Primo Water Corp • Wholesale-groceries, general line • Delaware
THIS AGREEMENT AND PLAN OF MERGER (“Agreement”) is made and entered into as of January 13, 2020 (the “Agreement Date”), by and among: Cott Corporation, a corporation organized under the laws of Canada (“Parent”); Cott Holdings Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Holdings”); Fore Merger LLC, a Delaware limited liability company and a wholly-owned subsidiary of Holdings (“Merger Sub 2”); Fore Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Merger Sub 2 (“Purchaser”); and Primo Water Corporation, a Delaware corporation (the “Company”) (each of the Company, Purchaser, Merger Sub 2, Holdings and Parent a “Party”). Certain capitalized terms used in this Agreement are defined in Exhibit A.
PRIMO WATER CORPORATION COMMON STOCK PURCHASE WARRANTPrimo Water Corp • April 26th, 2010 • Wholesale-groceries, general line • North Carolina
THIS CERTIFIES THAT for value received, subject to the terms and conditions set forth herein, , or its/his/her permitted assigns (the “Holder”), is entitled to purchase up to shares of Common Stock (the “Common Stock”) of Primo Water Corporation, a Delaware corporation (the “Company”), at a purchase price of One Dollar and 25/100 ($1.25) per share (as adjusted from time to time as herein provided, the “Purchase Price”) upon presentation of this Warrant, payment of the Purchase Price for the shares of Common Stock purchased at the principal office of the Company or at such other place as shall have been designated by the Company, and subject to the vesting provisions set forth in Section 1.b. hereof. The number of shares of Common Stock which are purchasable hereunder, as adjusted pursuant to the provisions below, is hereinafter referred to as the “Warrant Shares.”
PRIMO WATER CORPORATION Common Stock Form of Underwriting AgreementUnderwriting Agreement • October 6th, 2010 • Primo Water Corp • Wholesale-groceries, general line • New York
Stifel, Nicolaus & Company, Incorporated As Representative of the Underwriters named in Schedule I hereto, c/o Stifel, Nicolaus & Company, Incorporated One Montgomery Street, Suite 3700 San Francisco, CA 94104
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 16th, 2010 • Primo Water Corp • Wholesale-groceries, general line • New York
This REGISTRATION RIGHTS AGREEMENT, dated as of November 10, 2010 (this “Agreement”), is made between Primo Water Corporation, a Delaware corporation (the “Company”), and Culligan International Company, a Delaware corporation (“Culligan”). Certain capitalized terms used in this Agreement are defined in Section 8. All other capitalized terms used in this Agreement without definition shall have the meanings ascribed to such terms in the Purchase Agreement (as defined below).
ADD-ON TERM NOTEPrimo Water Corp • June 19th, 2013 • Wholesale-groceries, general line • New York
FOR VALUE RECEIVED, each of the undersigned, Primo Water Corporation, a Delaware corporation, Primo Products, LLC, a North Carolina limited liability company, Primo Direct, LLC, a North Carolina limited liability company, Primo Refill, LLC, a North Carolina limited liability company, and Primo Ice, LLC, a North Carolina limited liability company (collectively, the “Maker”), hereby, jointly and severally, promises to pay to Comvest Capital II, L.P., a Delaware limited partnership (“Comvest”), or its registered assigns (hereinafter, collectively with Comvest, the “Payee”), the sum of Three Million ($3,000,000) Dollars (the “Principal”), with interest thereon, on the terms and conditions set forth herein and in the Credit and Security Agreement dated as of April 30, 2012 by and among the Maker and Comvest (as the same may be amended, modified, supplemented and/or restated from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement and not otherwise defined herein sha
LOCK-UP AGREEMENTLock-Up Agreement • May 13th, 2011 • Primo Water Corp • Wholesale-groceries, general line • New York
Stifel, Nicolaus & Company, Incorporated As Representative of the several Underwriters referred to below One Montgomery Street, Suite 3700 San Francisco, CA 94104
NONQUALIFIED STOCK OPTION AGREEMENT PRIMO WATER CORPORATIONNonqualified Stock Option Agreement • June 27th, 2011 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
Primo Water Corporation, a Delaware corporation (the “Company”), hereby grants to (the “Optionee”) an option to purchase shares of its Common stock, par value $0.001 per share (the “Common Stock”), subject to the following:
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 7th, 2019 • Primo Water Corp • Wholesale-groceries, general line • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of July 11, 2019 but effective as of June 28, 2019 (this “Amendment”), is by and among PRIMO WATER CORPORATION, a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and SunTrust Bank, in its capacities as Administrative Agent, Swingline Lender and Issuing Bank.
FORE MERGER LLC AMENDMENT NO. 1 TO LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • March 2nd, 2020 • Primo Water Corp • Wholesale-groceries, general line • Delaware
This Amendment No. 1 to Limited Liability Company Agreement (this “Amendment”) of Fore Merger LLC, a Delaware limited liability company (the “Company”), effective as of March 2, 2020 (the “Amendment Effective Date”) is made by Cott Holdings Inc., a Delaware corporation (“Holdings”), the sole Member of the Company, for the purpose of amending the terms of the limited liability company agreement of the Company.
VOTING AGREEMENTVoting Agreement • October 11th, 2016 • Primo Water Corp • Wholesale-groceries, general line • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is made and dated as of [•], 2016, by and between Primo Water Corporation, a Delaware corporation (the “Purchaser”), and the undersigned stockholder (“Stockholder”) of Glacier Water Services, Inc., a Delaware corporation (the “Company”). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement (as defined below).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Second Amendment”) made as of the 30th day of April, 2007, by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
FIRST AMENDMENT TO COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line
This First Amendment to Common Stock Purchase Warrant (the “Amendment”) is dated as of April ___, 2008 by and between Primo Water Corporation, a Delaware corporation (the “Company”), and (the “Holder”).
SUBORDINATED CONVERTIBLE PROMISSORY NOTESubordination Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
FOR VALUE RECEIVED, the undersigned, PRIMO WATER CORPORATION, a Delaware corporation (the “Maker”) promises to pay to , a (the “Holder”), the sum of Dollars ($ ), or so much thereof as may from time to time hereafter be outstanding hereunder, whichever is less, together with interest thereon, all on the terms and conditions hereinafter provided.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 2nd, 2012 • Primo Water Corp • Wholesale-groceries, general line
This Registration Rights Agreement (this “Agreement”) is made as of April 30, 2012 by Primo Water Corporation, a Delaware corporation (the “Company”), for the benefit of the Holders (as such term is hereinafter defined). The Company hereby confirms that the rights granted under this Agreement constitute a material inducement to the Holders to enter into the Credit Agreement, make the term loan and other financial accommodations thereunder, and/or acquire or hold Warrant Shares (as such term is hereinafter defined). Each Holder, by its participation or request to participate in any Registration effected pursuant to this Agreement, shall be deemed to have confirmed such Holder’s agreement to comply with the applicable provisions of this Agreement.
NON-COMPETITION AGREEMENTNon-Competition Agreement • June 4th, 2010 • Primo Water Corp • Wholesale-groceries, general line • Illinois
This NON-COMPETITION AGREEMENT (this “Agreement”) is entered into as of [___], 2010, by and among P1 Sub, LLC, a North Carolina limited liability company (“Primo US”), P2 Sub, LLC, a North Carolina limited liability company (“Primo Canada”, and together with Primo US, the "Buyers”), Primo Water Corporation, a Delaware corporation (“Primo Parent”, and together with the Buyers, the “Primo Parties”), Culligan Store Solutions, LLC, a Minnesota limited liability company (“Culligan US”), Culligan of Canada, Ltd., a corporation governed by the Canada Business Corporations Act (“Culligan Canada”, and together with Culligan US, the “Sellers”), and Culligan International Company, a Delaware corporation (“Culligan Parent”, and together with the Sellers, the “Culligan Parties”).
FORM OF SENIOR SECURED FLOATING RATE REVOLVING NOTEPrimo Water Corp • June 25th, 2014 • Wholesale-groceries, general line
FOR VALUE RECEIVED, each of the undersigned (collectively, the “Companies”) promises, jointly and severally, to pay [NAME OF HOLDER] or its registered assigns the principal amount of the Revolving Loans on the dates and in the amounts specified in the Note Purchase Agreement owing by the Companies pursuant to that certain Note Purchase Agreement, dated as of June 20, 2014 (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Note Purchase Agreement”; capitalized terms used herein but not otherwise defined shall have the meaning set forth in the Note Purchase Agreement), entered into by PRIMO WATER CORPORATION, a Delaware corporation, PRIMO PRODUCTS, LLC, a North Carolina limited liability company, PRIMO DIRECT, LLC, a North Carolina limited liability company, PRIMO REFILL, LLC, a North Carolina limited liability company, PRIMO ICE, LLC, a North Carolina limited liability company, and PRIMO REFILL CANADA CORPORATION, a British Columbia, Canada corpo
Amendment no. 1 to WARRANT AGREEMENTWarrant Agreement • May 10th, 2017 • Primo Water Corp • Wholesale-groceries, general line • Delaware
THIS AMENDMENT NO. 1 TO WARRANT AGREEMENT (this “Amendment”) is dated as of March 13, 2017, by and among Primo Water Corporation, a Delaware corporation (the “Company”), Wells Fargo Bank, National Association, a national banking association (the “Warrant Agent”), and the Holders of Warrants signatory hereto (each a “Consenting Holder” and, collectively, the “Consenting Holders”). Capitalized terms used but not defined herein have the meanings assigned to such terms in the Warrant Agreement (as defined below).
PRIMO WATER CORPORATION AMENDED AND RESTATED COMMON STOCK PURCHASE WARRANTPrimo Water Corp • October 6th, 2010 • Wholesale-groceries, general line • North Carolina
THIS CERTIFIES THAT for value received, subject to the terms and conditions set forth herein, __________________, a __________________, or its permitted assigns (the “Holder”), is entitled to purchase up __________________ (_________) shares of Common Stock (the “Common Stock”) of Primo Water Corporation, a Delaware corporation (the “Company”), at a purchase price of [One Dollar and Twenty-Five Cents ($1.25)]1 per share (as adjusted from time to time as herein provided, the “Purchase Price”) upon presentation of this Warrant and payment of the Purchase Price for the shares of Common Stock purchased at the principal office of the Company or at such other place as shall have been designated by the Company. The number of shares of Common Stock which are purchasable hereunder, as adjusted pursuant to the provisions below, is hereinafter referred to as the “Warrant Shares.”
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 26th, 2010 • Primo Water Corp • Wholesale-groceries, general line • North Carolina
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Third Amendment”) made as of the 24 day of June, 2008, by and between PRIMO WATER CORPORATION, a Delaware corporation (together with its successors and assigns, the “Existing Borrower”), PRIMO TO GO, LLC, a North Carolina limited liability company, PRIMO PRODUCTS, LLC, a North Carolina limited liability company, and PRIMO DIRECT, LLC, a North Carolina limited liability company (each a “New Borrower” and together, the “New Borrowers”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, the “Bank”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 12th, 2011 • Primo Water Corp • Wholesale-groceries, general line • New York
This REGISTRATION RIGHTS AGREEMENT, dated as of April 11, 2011 (this “Agreement”), is made between Primo Water Corporation, a Delaware corporation (the “Company”), and Omnifrio Beverage Company, LLC, an Ohio limited liability company (“Omnifrio”). Certain capitalized terms used in this Agreement are defined in Section 7. All other capitalized terms used in this Agreement without definition shall have the meanings ascribed to such terms in the Purchase Agreement (as defined below).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 22nd, 2013 • Primo Water Corp • Wholesale-groceries, general line • New York
TD BANK, N.A., in its capacity as agent (in such capacity, “Agent”) pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the Secured Parties (as defined in the Loan Agreement), the parties to the Loan Agreement as lenders (individually, each a “Lender” and, collectively, “Lenders”), PRIMO WATER CORPORATION, a corporation organized under the laws of the State of Delaware (“Parent”), PRIMO PRODUCTS, LLC, a limited liability company organized under the laws of the State of North Carolina (“Products”), PRIMO DIRECT, LLC, a limited liability company organized under the laws of the State of North Carolina (“Direct”), PRIMO REFILL, LLC, a limited liability company organized under the laws of the State of North Carolina (“Refill”), PRIMO ICE, LLC, a limited liability company organized under the laws of the State of North Carolina (“ICE”; and together with Parent, Products, Direct and Refill, each a “Borrower” and collectively, “Borrowers”), and PRIMO REFILL CANAD
SECOND AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 15th, 2012 • Primo Water Corp • Wholesale-groceries, general line
THIS SECOND AMENDMENT TO ASSET PURCHASE AGREEMENT (“Second Amendment”) is effective as of March 15, 2012, by Primo Water Corporation, a Delaware corporation (“Primo”), Primo Products, LLC, a North Carolina limited liability company (the “Buyer,”, and together with Primo, the “Primo Parties”), and Lawrence Pollock, in his capacity as Members’ Representative.
SUBORDINATED CONVERTIBLE PROMISSORY NOTEPrimo Water Corp • October 6th, 2010 • Wholesale-groceries, general line • North Carolina
FOR VALUE RECEIVED, the undersigned, PRIMO WATER CORPORATION, a Delaware corporation (the “Maker”) promises to pay to _______________, a _______________ (the “Holder”), the sum of __________ Dollars ($__________), or so much thereof as may from time to time hereafter be outstanding hereunder, whichever is less, together with interest thereon, all on the terms and conditions hereinafter provided.
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 29th, 2011 • Primo Water Corp • Wholesale-groceries, general line • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 23, 2011, is by and among PRIMO WATER CORPORATION, a Delaware corporation (the “Company”), the other Borrowers identified on the signature pages hereto (together with the Company, collectively the “Borrowers”), the Guarantors identified on the signature pages hereto (collectively, the “Guarantors”), the Lenders party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
