REAFFIRMATION OF AMENDED AND RESTATED SECURITY AGREEMENT
Exhibit 10.2
REAFFIRMATION
OF
AMENDED AND RESTATED SECURITY AGREEMENT
In order to induce Bank of America, N.A. (the Bank) to enter into that certain Amendment No. 1 to the Second Amended and Restated Loan Agreement between the Bank and ANNIES, INC., a Delaware corporation, formerly known as Homegrown Naturals, Inc., which is qualified to do business in the State of California as Homegrown Naturals, ANNIES ENTERPRISES, INC., a Vermont corporation, ANNIES HOMEGROWN, INC., a Delaware corporation, and NAPA VALLEY KITCHENS, a California corporation (individually and collectively, the Borrower) dated as of March 7, 2013 (the Agreement), each of the undersigned (i) agrees that nothing contained in the Agreement shall diminish, alter, amend or effect the obligations of the undersigned under that certain Amended and Restated Security Agreement, dated August 25, 2010 (the Security Agreement) granting to the Bank a security interest in certain assets of the Borrower to secure all Indebtedness (as defined in the Security Agreement), or the Banks security interest in certain Collateral (as defined in the Security Agreement); (ii) agrees that the Security Agreement and the Banks security interest in such Collateral secures the Borrowers obligations under the Agreement; and (iii) confirms that the Security Agreement and the security interest in such Collateral remains in full force and effect and reaffirms the same.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the undersigned have executed this Reaffirmation of Amended and Restated Security Agreement effective as of the date first set forth above.
BANK OF AMERICA, N.A. | ||||||
By: | /s/ Thomas K. McComas | |||||
Name: | Thomas K. McComas | |||||
Title: | Senior Vice President | |||||
Farmington-Notice Desk | ||||||
CT2-515-BB-03 | ||||||
70 Batterson Park Road | ||||||
Farmington, CT 06032 | ||||||
Borrowers Location and address for notices (principal residence, if the Borrower is an individual; chief executive office, if the Borrower is not an individual): | ANNIES, INC., a Delaware corporation formerly known as Homegrown Naturals, Inc., which is qualified to do business in the State of California as Homegrown Naturals | |||||
ANNIES, INC. | ||||||
1610 Fifth Street | ||||||
Berkeley, CA 94710 |
2
By: | /s/ Kelly J. Kennedy | |||||
Borrowers state of incorporation or organization (if Borrower is a corporation, partnership, limited liability company or other registered entity): | Name: | Kelly J. Kennedy | ||||
Delaware | Title: | Chief Financial Officer | ||||
Borrowers Location and address for notices (principal residence, if the Borrower is an individual; chief executive office, if the Borrower is not an individual): | ANNIES ENTERPRISES, INC., a Vermont corporation | |||||
ANNIES ENTERPRISES, INC. | ||||||
c/o ANNIES, INC. | ||||||
1610 Fifth Street | ||||||
Berkeley, CA 94710 | By: | /s/ Kelly J. Kennedy | ||||
Name: | Kelly J. Kennedy | |||||
Borrowers state of incorporation or organization (if Borrower is a corporation, partnership, limited liability company or other registered entity): | Title: | Treasurer | ||||
Vermont |
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the undersigned have executed this Reaffirmation of Amended and Restated Security Agreement effective as of the date first set forth above.
3
ANNIES HOMEGROWN, INC., a Delaware corporation | ||||||
Borrowers Location and address for notices (principal residence, if the Borrower is an individual; chief executive office, if the Borrower is not an individual): | ||||||
ANNIES HOMEGROWN, INC. | ||||||
c/o ANNIES, INC. | By: | /s/ Kelly J. Kennedy | ||||
1610 Fifth Street | ||||||
Berkeley, CA 94710 | Name: | Kelly J. Kennedy | ||||
Borrowers state of incorporation or organization (if Borrower is a corporation, partnership, limited liability company or other registered entity): | Title: | Treasurer | ||||
Delaware |
4
Borrowers Location and address for notices (principal residence, if the Borrower is an individual; chief executive office, if the Borrower is not an individual): | NAPA VALLEY KITCHENS, a California corporation | |||||
NAPA VALLEY KITCHENS | ||||||
c/o ANNIES, INC. | ||||||
1610 Fifth Street | ||||||
Berkeley, CA 94710 | By: | /s/ Kelly J. Kennedy | ||||
Name: | Kelly J. Kennedy | |||||
Borrowers state of incorporation or organization (if Borrower is a corporation, partnership, limited liability company or other registered entity): | Title: | Treasurer | ||||
California |
5