CREDIT AGREEMENT Dated as of August 30, 2002 among Green Mountain Coffee Roasters, Inc. and Green Mountain Coffee Roasters Franchising Corporation as Borrowers, THE LENDERS SIGNATORY HERETO FROM TIME TO TIME, as Lenders, and FLEET NATIONAL BANK as...Credit Agreement • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products • New Hampshire
THIS CREDIT AGREEMENT, dated as of August 30, 2002, is by and among GREEN MOUNTAIN COFFEE ROASTERS, INC., a Vermont corporation ("GMCR"), and its wholly owned subsidiary GREEN MOUNTAIN COFFEE ROASTERS FRANCHISING CORPORATION, a Delaware corporation (the "Subsidiary"), each such corporation having their chief executive offices at 33 Coffee Lane, Waterbury, Vermont 05676 (the GMCR and the Subsidiary are hereinafter referred to individually as a "Borrower" and collectively as the "Borrowers"), and FLEET NATIONAL BANK (successor by merger to Fleet Bank - NH), a national banking association organized under the laws of the United States of America with an address of Mail Stop NH DE 01102A, 1155 Elm Street, Manchester, New Hampshire 03101, for itself, as Lender, and as Agent for Lenders, and the other Lenders signatory hereto from time to time.
REVOLVING NOTERevolving Note • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products
This Revolving Note is one of the Revolving Notes issued pursuant to that certain Credit Agreement dated as of August 30, 2002 by and among the Borrowers, Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Revolving Credit Advance made by Lender to the Borrowers, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any such rec
TERM NOTETerm Note • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products
This Term Note is one of the Term Notes issued pursuant to that certain Credit Agreement dated as of August 30, 2002, by and among the Borrowers, Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The principal balance of the Term Loan, the rates of interest applicable thereto and the date and amount of each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any such recordation shall not affect the obl
SECURITY AGREEMENTSecurity Agreement • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products • New Hampshire
SECURITY AGREEMENT (this "Agreement") made this 30th day of August, 2002, by and between GREEN MOUNTAIN COFFEE ROASTERS, INC., a Vermont corporation having its chief executive offices at 33 Coffee Lane, Waterbury, Vermont 05676 (the "Debtor"), in favor of FLEET NATIONAL BANK, a national banking association organized under the laws of the United States of America with an address of Mail Stop NH DE 01102A, 1155 Elm Street, Manchester, New Hampshire 03101 (together with its successors and assigns, the "Secured Party"), acting as agent under the terms of that certain Credit Agreement dated as of even date herewith (as it may be amended from time to time, the "Credit Agreement") by and among the Debtor, Green Mountain Coffee Roaster Franchising Corporation, the Secured Party and the banks that are parties thereto (the "Lenders").
EQUIPMENT LINE NOTEEquipment Line Note • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products
This Equipment Line Note is one of the Equipment Line Notes issued pursuant to that certain Credit Agreement dated as of August 30, 2002 by and among the Borrowers, Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Equipment Line Advance made by Lender to the Borrowers, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any
SECURITIES COLLATERAL PLEDGE AGREEMENTSecurities Collateral Pledge Agreement • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products • New Hampshire
SECURITIES COLLATERAL PLEDGE AGREEMENT dated as of August 30, 2002 (this "Agreement") by and between GREEN MOUNTAIN COFFEE ROASTERS, INC., a Vermont corporation having its chief executive offices at 33 Coffee Lane, Waterbury, Vermont 05676 (the "Pledgor"), and FLEET NATIONAL BANK, a national banking association organized under the laws of the United States of America with an address of Mail Stop NH DE 01102A, 1155 Elm Street, Manchester, New Hampshire 03101 (the "Agent"), acting in its capacity as agent for itself and the other banking institutions (collectively, the "Lenders") that are or may become parties to a certain Credit Agreement dated as of the date hereof (the "Credit Agreement") among the Pledgor, Green Mountain Coffee Roaster Franchising Corporation, the Borrowers (as defined below), the Agent, and the Lenders.
SECURITY AGREEMENT (INTELLECTUAL PROPERTY)Security Agreement • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products • New Hampshire
THIS SECURITY AGREEMENT (the "Agreement"), is made as of this 30th day of August, 2002, by and between GREEN MOUNTAIN COFFEE ROASTERS, INC., a Vermont corporation having its chief executive offices at 33 Coffee Lane, Waterbury, Vermont 05676 (hereinafter, together with any successors to and assigns of any or all of its present or future interests in the Intellectual Property Collateral, as hereinafter defined, other than the Lender, as hereinafter defined, referred to jointly, severally, individually, and collectively as the "Debtor"), and FLEET NATIONAL BANK, a national banking association organized under the laws of the United States of America with an address of Mail Stop NH DE 01102A, 1155 Elm Street, Manchester, New Hampshire 03101 (together with its successors and assigns, the "Secured Party"), acting as agent under the terms of that certain Credit Agreement dated as of even date herewith (as it may be amended from time to time, the "Credit Agreement") by and among the Debtor, Gr
SWING LINE NOTESwing Line Note • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products
This Swing Line Note is issued pursuant to that certain Credit Agreement dated as of August 30, 2002, by and among Borrowers, Agent, Swing Line Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Swing Line Advance made by Swing Line Lender to Borrowers, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any such recordation shall not affect the obligatio
MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FILINGGreen Mountain Coffee Inc • September 6th, 2002 • Miscellaneous food preparations & kindred products • Vermont
GREEN MOUNTAIN COFFEE ROASTERS, INC., a Vermont corporation having its chief executive offices at 33 Coffee Lane, Waterbury, Vermont 05676 ("Mortgagor"), for consideration paid, grants to FLEET NATIONAL BANK, a national banking association organized under the laws of the United States of America with an address of Mail Stop NH DE 01102A, 1155 Elm Street, Manchester, New Hampshire 03101 (together with its successors and assigns, the "Mortgagee"), acting as agent under the terms of that certain Credit Agreement dated as of even date herewith (as it may be amended from time to time, the "Credit Agreement") by and among the Mortgagor, Green Mountain Coffee Roaster Franchising Corporation (the ("Subsidiary"), the Mortgagee, and the banks that are parties thereto (the "Lenders"), to secure (i) the payment of a certain revolving line of credit loan of even date to Mortgagor and the Subsidiary, jointly and severally, from the Lenders in the principal amount of up to Twelve Million Five Hundred
COLLATERAL ASSIGNMENT OF LEASEHOLD INTERESTSCollateral Assignment of Leasehold Interests • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products
COLLATERAL ASSIGNMENT OF LEASEHOLD INTERESTS, made this 30th day of August, 2002, by GREEN MOUNTAIN COFFEE ROASTERS, INC., a Vermont corporation having its chief executive offices at 33 Coffee Lane, Waterbury, Vermont 05676 (the "Assignor"), to FLEET NATIONAL BANK, a national banking association organized under the laws of the United States of America with an address of Mail Stop NH DE 01102A, 1155 Elm Street, Manchester, New Hampshire 03101, for itself, as Lender, and as Agent for Lenders pursuant to a Credit Agreement (defined below) (the "Assignee").
