THIRD AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • October 13th, 2011 • J.M. Smucker LLC • Miscellaneous food preparations & kindred products • New York
This THIRD AMENDED AND RESTATED INTERCREDITOR AGREEMENT is dated as of June 11, 2010, among (i) the holders of the 2000 Senior Notes (defined below) (the “2000 Noteholders”), (ii) the holders of the 2004 Senior Notes (defined below) (the “2004 Noteholders”), (iii) the holders of the 2007 Senior Notes (defined below) (the “2007 Noteholders”), (iv) the holders of the 2008 Senior Notes (defined below) (the “2008 Noteholders”), (v) the holders of the 2010 Senior Notes (defined below) that shall become a party hereto pursuant to Section 6.12(a) (the “2010 Noteholders” and, together with the 2000 Noteholders, the 2004 Noteholders, the 2007 Noteholders and the 2008 Noteholders collectively, the “Noteholders”), (vi) KeyBank National Association, in its capacity as administrative agent under the 2004 Bank Credit Agreement (defined below) for itself and on behalf of and for the benefit of the 2004 Banks (defined below) from time to time party to the 2004 Bank Credit Agreement (in such capacity,
