AMENDMENT NO. 11 TO FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AND REAFFIRMATION OF PERFORMANCE UNDERTAKINGReceivables Purchase Agreement • December 9th, 2010 • Dean Foods Co • Ice cream & frozen desserts • Illinois
This Fifth Amended and Restated Receivables Purchase Agreement, dated as of April 2, 2007, is among Dairy Group Receivables, L.P., a Delaware limited partnership (“Dairy Group”), Dairy Group Receivables II, L.P., a Delaware limited partnership (“Dairy Group II”), Morningstar Receivables, L.P., a Delaware limited partnership (“Morningstar Receivables”), WhiteWave Receivables, L.P., a Delaware limited partnership (“WhiteWave” and, together with Dairy Group, Dairy Group II and Morningstar Receivables, the “Sellers” and each a “Seller”), each of the parties listed on the signature pages hereof as a Servicer (the Servicers, together with the Sellers, the “Seller Parties,” and each a “Seller Party”), the entities listed on Schedule A to this Agreement under the heading “Financial Institution” (together with any of their respective successors and assigns hereunder, the “Financial Institutions”), the entities listed on Schedule A to this Agreement under the heading “Company” (together with any
AMENDMENT NO. 1 Dated as of December 9, 2010 to SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 2, 2007 as amended and restated as of June 30, 2010Credit Agreement • December 9th, 2010 • Dean Foods Co • Ice cream & frozen desserts • New York
THIS AMENDMENT NO. 1 (“Amendment”) is made as of December 9, 2010 by and among Dean Foods Company (the “Borrower”), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, National Association, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), under that certain Second Amended and Restated Credit Agreement dated as of April 2, 2007 as amended and restated as of June 30, 2010 by and among the Borrower, the Lenders party thereto and the Administrative Agent (as may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.
