Form of Indemnification AgreementForm of Indemnification Agreement • November 17th, 2021 • Chobani Inc. • Food and kindred products • Delaware
This Indemnification Agreement (this “Agreement”) is entered into as of ________ ___, _____ (the “Effective Date”) by and between Chobani Inc., a Delaware public benefit corporation (the “Company”), and ____________ (the “Indemnitee”).
TAX RECEIVABLE AGREEMENT dated as ofTax Receivable Agreement • November 12th, 2021 • Chobani Inc. • Food and kindred products • Delaware
This TAX RECEIVABLE AGREEMENT (this “Agreement”), dated as of [•], 2021, is entered into by and among Chobani, Inc., a Delaware corporation (Chobani, Inc., together with each of its Subsidiaries that is classified as a corporation for U.S. federal income tax purposes, and each successor thereto, the “Corporation”), Chobani Global Holdings, LLC, a Delaware limited liability company that is classified as a partnership for U.S. federal income tax purposes (the “Company”), each of the TRA Holders, and the TRA Representative.
INDENTURE Dated as of April 13, 2017 Among CHOBANI, LLC, as Issuer, CHOBANI FINANCE CORPORATION, INC., as Co-Issuer, CHOBANI GLOBAL HOLDINGS, LLC, as Parent Guarantor, the SUBSIDIARY GUARANTORS party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION,...Indenture • September 29th, 2021 • Chobani Inc. • Food and kindred products • New York
INDENTURE Dated as of October 23, 2020 Among CHOBANI, LLC, as Issuer, CHOBANI FINANCE CORPORATION, INC., as Co-Issuer, CHOBANI GLOBAL HOLDINGS, LLC, as Parent Guarantor, the SUBSIDIARY GUARANTORS party hereto and WELLS FARGO BANK, NATIONAL...Indenture • September 29th, 2021 • Chobani Inc. • Food and kindred products • New York
CREDIT AGREEMENT Dated as of October 7, 2016 among CHOBANI GLOBAL HOLDINGS, LLC, as Holdings, CHOBANI, LLC, as the U.S. Opco Borrower, CHOBANI IDAHO, LLC, as the Idaho Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Issuing...Credit Agreement • September 29th, 2021 • Chobani Inc. • Food and kindred products • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of October 7, 2016 by and among CHOBANI GLOBAL HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), CHOBANI, LLC, a Delaware limited liability company (the “U.S. Opco Borrower”), CHOBANI IDAHO, LLC, an Idaho limited liability company (the “Idaho Borrower” and, together with the U.S. Opco Borrower, each, a “Borrower” and collectively, the “Borrowers”), BANK OF AMERICA, N.A. (“Bank of America”), as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) under the Loan Documents, as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) under the Loan Documents, as an Issuing Bank and as a Swing Line Lender, and each other lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
Dated as of June 30, 2021 Michelle Brooks Dear Michelle,Solicitation Agreement • November 17th, 2021 • Chobani Inc. • Food and kindred products • New York
Reference is made to your Employment Letter Agreement dated December 7, 2020, as amended on February 26, 2021 (“Agreement”). The purpose of this letter is to to amend the Agreement pursuant to the terms herein, which terms shall be effective as of July 4, 2021. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.
New York, New York 10012Letter Agreement • November 17th, 2021 • Chobani Inc. • Food and kindred products
Reference is made to your Employment Letter Agreement dated December 7, 2020 (“Agreement”). The purpose of this letter is to to amend the Agreement pursuant to the terms herein. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. The parties hereto agree to amend the Agreement as follows:
STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • November 17th, 2021 • Chobani Inc. • Food and kindred products • Delaware
This STOCKHOLDERS’ AGREEMENT (this “Agreement”), dated as of [_____], 2021 (the “Effective Date”) is entered into by and among Chobani Inc., a Delaware corporation (the “Company”), FHU US Holdings, LLC (the “Initial Founder Stockholder”) and Healthcare of Ontario Pension Plan Trust Fund (the “Initial HOOPP Stockholder”).
Employment Letter Amendment Chobani Global Holdings, LLCEmployment Agreement • November 17th, 2021 • Chobani Inc. • Food and kindred products
This letter amends the terms of the Employment Agreement, dated as of June 27, 2018 as amended on December 20, 2018 (“Employment Agreement”), by and between you and Chobani Global Holdings, LLC (the “Company”). You and the Company hereby agree that Section 5 of the Agreement shall be deleted in its entirety. All other terms of the Agreement shall remain unchanged.
ContractRefinancing Amendment • September 29th, 2021 • Chobani Inc. • Food and kindred products • New York
AMENDMENT NO. 2 (this “Refinancing Amendment”), dated as of October 10, 2017, to the Credit Agreement dated as of October 7, 2016 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof and as further amended, restated, supplemented or otherwise modified hereby, the “Credit Agreement”; the Credit Agreement as amended hereby, the “Amended Credit Agreement”) among CHOBANI GLOBAL HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), CHOBANI, LLC, a Delaware limited liability company (the “U.S. Opco Borrower”), CHOBANI IDAHO, LLC, an Idaho limited liability company (the “Idaho Borrower” and, together with the U.S. Opco Borrower, each, a “Borrower” and collectively, the “Borrowers”), BANK OF AMERICA, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”), and the Lenders, Issuing Banks and other parties from time to time party thereto.
Employment Letter Amendment Chobani Global Holdings, LLCEmployment Letter Agreement • September 29th, 2021 • Chobani Inc. • Food and kindred products
ContractChobani Inc. • September 29th, 2021 • Food and kindred products • New York
AMENDMENT NO. 1 (this “Amendment”), dated as of April 13, 2017, to the Credit Agreement dated as of October 7, 2016 (as further amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”; the Credit Agreement as amended hereby, the “Amended Credit Agreement”) among CHOBANI GLOBAL HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), CHOBANI, LLC, a Delaware limited liability company (the “U.S. Opco Borrower”), CHOBANI IDAHO, LLC, an Idaho limited liability company (the “Idaho Borrower” and, together with the U.S. Opco Borrower, each, a “Borrower” and collectively, the “Borrowers”), BANK OF AMERICA, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”), and the Lenders, Issuing Banks and other parties from time to time party thereto.
ContractRefinancing Amendment • September 29th, 2021 • Chobani Inc. • Food and kindred products • New York
AMENDMENT NO. 3 (this “Refinancing Amendment”), dated as of October 23, 2020, to the Credit Agreement dated as of October 7, 2016 (as amended by that certain Amendment No. 1, dated as of April 13, 2017, and that certain Amendment No. 2, dated as of October 10, 2017, and as otherwise amended, restated, supplemented or modified from time to time prior to the date hereof and as further amended, restated, supplemented or otherwise modified hereby, the “Credit Agreement”; the Credit Agreement as amended hereby, the “Amended Credit Agreement”) among CHOBANI GLOBAL HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), CHOBANI, LLC, a Delaware limited liability company (the “Borrower”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”), and the Lenders, Issuing Banks and other parties from time to time party thereto.
