EXHIBIT 4 (J)(9) GOLD KIST INC. NOTE PURCHASE AND PRIVATE SHELF AGREEMENT PRIVATE SHELF FACILITY with an initial draw of 7.60% SERIES A SENIOR NOTES DUE FEBRUARY 11, 2012 Dated as of February 11, 1997 TABLE OF CONTENTSGold Kist Inc • September 24th, 1997 • Poultry slaughtering and processing • New York
Exhibit B-10(e)(3) SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT This SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated as of February 11, 2003, is made and entered into by and among GOLD KIST...Credit Agreement • September 23rd, 2003 • Gold Kist Inc • Poultry slaughtering and processing
RECITALSOperating Agreement • October 13th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
AS AGENT.Credit Agreement • September 22nd, 1995 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
WAIVERGold Kist Inc • September 20th, 2002 • Poultry slaughtering and processing • New York
EXECUTION COPY AMENDMENT OF NOTE AGREEMENTS This Amendment, entered into as of March 23, 2000, by and between GOLD KIST, INC. (the "Company") and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA ("Noteholder"). WHEREAS, the parties hereto have executed and...Gold Kist Inc • October 13th, 2000 • Poultry slaughtering and processing • New York
Exhibit B-10(e)(2) FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT This FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated as of January 24, 2003, is made and entered into by and among GOLD KIST...Credit Agreement • September 23rd, 2003 • Gold Kist Inc • Poultry slaughtering and processing
Exhibit B-10(f)(2) FIRST AMENDMENT AND WAIVER This FIRST AMENDMENT AND WAIVER (this "Amendment") is effective as of the 30th day of March, 2002, by and among GOLD KIST INC., a cooperative marketing association organized and existing under the laws of...Gold Kist Inc • September 20th, 2002 • Poultry slaughtering and processing • New York
SOUTHERN STATES COOPERATIVE, INCORPORATED andGold Kist Inc • September 26th, 2001 • Poultry slaughtering and processing • Virginia
ARTICLE 5 REPRESENTATIONS AND WARRANTIES 46 Section 5.1.Organization and Qualification 46 Section 5.2.Financial Statements 46 Section 5.3.Taxes 46 Section 5.4.Actions Pending 47 Section 5.5.Title to Properties 47 Section 5.6.Regulation U, Etc 47...Credit Agreement • February 11th, 2003 • Gold Kist Inc • Poultry slaughtering and processing • New York
among COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH, as Collateral Agent, Credit Agent, a Lender, and a Letter of Credit Issuer and EACH OF THE LENDERS UNDER THE THIRD AMENDED AND RESTATED CREDIT...Intercreditor Agreement • February 11th, 2003 • Gold Kist Inc • Poultry slaughtering and processing • New York
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 13th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
GOLD KIST INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 12th, 2004 • Gold Kist Inc • Poultry slaughtering and processing • New York
Gold Kist Inc., a corporation organized under the Georgia Cooperative Marketing Act (the “Issuer”), proposes to issue and sell to Credit Suisse First Boston LLC, Rabo Securities USA, Inc., SunTrust Capital Markets, Inc., ING Financial Markets LLC and Harris Nesbitt Corp. (collectively, the “Initial Purchasers”), upon the terms set forth in a purchase agreement dated as of March 5, 2004 (the “Purchase Agreement”), U.S.$200,000,000 aggregate principal amount of its 10 1/4% Senior Notes due 2014 (the “Initial Securities”) to be unconditionally guaranteed (the “Guaranties”) by Agra Trade Financing, Inc., Agvestments, Inc., Cross Equipment Company, Inc., GK Finance Corporation, GK Pecans, Inc., GK Peanuts, Inc., AgraTech Seeds, Inc. and Luker, Inc. (collectively, the “Guarantors” and, together with the Issuer, the “Company”). The Initial Securities will be issued pursuant to an Indenture dated as of March 10, 2004 (the “Indenture”), among the Issuer, the Guarantors named therein and U.S. Ba
amongNote Agreement • September 23rd, 2003 • Gold Kist Inc • Poultry slaughtering and processing • New York
EXHIBIT 10(H)(2) FIRST AMENDMENT TO CREDIT AGREEMENT -----------------------------------Credit Agreement • September 24th, 1997 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
MLA No. E126 MASTER LOAN AGREEMENT THIS MASTER LOAN AGREEMENT is entered into as of August 1, 1996, between CoBANK, ACB ("CoBank") and Gold Kist Inc., Atlanta, GA (the "Company"). BACKGROUND From time to time CoBank may make loans to the Company. In...Master Loan Agreement • November 12th, 1996 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
1 - Exhibit B-10(b)(13)Employment Agreement • September 20th, 2002 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
TENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 13th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
ELEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 13th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
EXHIBIT 109(H)(3) SECOND AMENDMENT TO CREDIT AGREEMENT ------------------------------------Credit Agreement • September 24th, 1997 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
FIRST AMENDMENT TO NOTE PURCHASE AND PRIVATE SHELF AGREEMENTNote Purchase and Private Shelf Agreement • October 13th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • New York
EXHIBIT B-10(i)(5) FOURTH AMENDMENT TO CREDIT AGREEMENT This Fourth Amendment to Credit Agreement (this "Amendment"), dated as of April 30, 1999, is made and entered into by and among GOLD KIST INC., a cooperative marketing association organized and...Credit Agreement • September 22nd, 1999 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
Exhibit B-10(f) CREDIT AGREEMENT Dated as of February 11, 2003 by and among GOLD KIST INC., as Borrower, VARIOUS BANKS, LENDING INSTITUTIONS, AND INSTITUTIONAL INVESTORSCredit Agreement • September 23rd, 2003 • Gold Kist Inc • Poultry slaughtering and processing • New York
SIXTH AMENDMENT TO CREDIT AGREEMENT This Sixth Amendment to Credit Agreement (this "Amendment"), dated as of December 21, 1999, is made and entered into by and among GOLD KIST INC., a cooperative marketing association organized and existing under the...Credit Agreement • February 14th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (Term Loan)Credit Agreement • September 23rd, 2003 • Gold Kist Inc • Poultry slaughtering and processing • Colorado
Gold Kist Inc. PURCHASE AGREEMENTPurchase Agreement • March 12th, 2004 • Gold Kist Inc • Poultry slaughtering and processing • New York
On the Closing Date, the Company and the Guarantors will, simultaneously with the purchase, sale and delivery of the Offered Securities, amend and restate the Credit Agreement dated as of September 27, 2002 (as amended and restated, the “Rabobank Agreement”), among the Company, the lenders named therein and Cooperatieve Centrale Raiffeisen – Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as agent (the “Agent”). The Company will apply a portion of the net proceeds of the Offered Securities to the prepayment in full of all revolving loans, term loans, accrued and unpaid interest, prepayment penalties and other amounts unpaid and outstanding under the Rabobank Agreement on the Closing Date (the “Outstanding Amounts”). Contemporaneously with the purchase, sale and delivery of the Offered Securities, the Company will (i) deliver to the Agent an irrevocable notice of full prepayment of the Outstanding Amounts and (ii) wire transfer, to the account of the Agent designated for suc
AGREEMENT AND PLAN OF MERGER DATED AS OF APRIL 22, 1997 AMONG GOLDEN POULTRY COMPANY, INC., GOLD KIST INC., AGRI INTERNATIONAL, INC. AND GOLDEN POULTRY ACQUISITION CORP. TABLE OF CONTENTSAgreement and Plan of Merger • April 25th, 1997 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
EXHIBIT B-10-(i)(3) SECOND AMENDMENT TO CREDIT AGREEMENT This Second Amendment to Credit Agreement (this "Second Amendment"), dated as of October 13, 1998, is made and entered into by and among GOLD KIST INC., a cooperative marketing association...Credit Agreement • September 22nd, 1999 • Gold Kist Inc • Poultry slaughtering and processing • New York
NINTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 13th, 2000 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
By: /s/ Billy Greer Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as asset manager for Gateway Recovery Trust By: /s/ Paul Price Vice President [14687] CONSENT, REAFFIRMATION AND AGREEMENT OF GUARANTORSWaiver Under Note Agreement • September 20th, 2002 • Gold Kist Inc • Poultry slaughtering and processing • New York
CREDIT AGREEMENT (Term Loan)Credit Agreement • September 23rd, 2003 • Gold Kist Inc • Poultry slaughtering and processing • Colorado
EXHIBIT B-10(i)(2) FIRST AMENDMENT TO CREDIT AGREEMENT This First Amendment to Credit Agreement (this "Amendment"), dated as of September 30, 1998, is made and entered into by and among GOLD KIST INC., a cooperative marketing association organized and...Credit Agreement • September 22nd, 1999 • Gold Kist Inc • Poultry slaughtering and processing • Georgia
EXHIBIT B-10(i)Credit Agreement • September 24th, 1998 • Gold Kist Inc • Poultry slaughtering and processing • New York
SECOND AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (Term Loan)Credit Agreement • March 12th, 2004 • Gold Kist Inc • Poultry slaughtering and processing • Colorado
THIS SECOND AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (Term Loan) (“Amendment Agreement”) is made as of March 10, 2004 (“Execution Date”) to be effective as of the Effective Date, by and among Gold Kist Inc., a Georgia cooperative marketing association (“Borrower”) and CoBank, ACB (“CoBank”) as Lender.
October 13, 1998 GOLD KIST INC. 244 Perimeter Center Parkway, N.E. Atlanta, Georgia 30346 Attention: Mr. Steven O. West, Treasurer Ladies and Gentlemen: Reference is made to each of the following agreements: (i) that certain Note Purchase and Private...Gold Kist Inc • October 13th, 2000 • Poultry slaughtering and processing
