700 Anderson Hill Road, Purchase, NY 10577
EXHIBIT 10.1
700 Anderson Hill Road, Purchase, NY 10577
May 9, 2012
To the Lenders party the Credit Agreement referred to below
c/o Citibank, N.A. as Agent for such Lenders
1615 Brett Road, Building #3
New Castle, Delaware 19720
Attn: Bank Loan Syndications
Fax# 212 ###-###-####
Copy via email sent to:
Carolyn A. Kee
Managing Director, Global Loans
Citibank Global Captial Markets, Inc.
390 Greenwich Street
New York, NY 10013
***@***
| Subject: | Four Year Credit Agreement dated as of June 14, 2011 among PepsiCo, Inc., | |
| the Lenders party thereto and Citibank, N.A. as Agent for the Lenders (the “Credit Agreement”) |
Ladies and Gentleman:
Pursuant to Section 2.06(b) of the Credit Agreement, PepsiCo, Inc. hereby requests a one year extension of the Existing Termination Date from June 14, 2015 to June 14, 2016.
In addition, the Company requests that the words “the repayment of outstanding commercial paper issued by the Company and its Subsidiaries,” be deleted from the Preliminary Statement and Section 2.16 of the Credit Agreement.
Please indicate your agreement to each of the foregoing requests by signing in the space provided below and returning the signed copy to the Agent no later than May 24, 2012.
Capitalized terms used but not defined herein shall have the meanings assigned to them in the Credit Agreement.
Except as expressly amended hereby, the Credit Agreement shall remain in full force and effect.
Sincerely,
| /s/ Maria Teresa Hilado |
| Maria Teresa Hilado |
| Senior Vice President, Finance and Treasurer |
| /s/ Jay Laramie |
| Jay Laramie |
| Vice President and Assistant Treasurer |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Citibank, N.A. |
| Name of Lender |
| /s/ Carolyn Kee |
| Name: Carolyn Kee |
| Title: Vice President |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| JPMorgan Chase Bank, N.A. |
| Name of Lender |
| /s/ Tony Yung |
| Name: Tony Yung |
| Title: Executive Director |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Bank of America, N.A. |
| Name of Lender |
| /s/ David L. Catherall |
| Name: David L. Catherall |
| Title: Director |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Morgan Stanley Bank, N.A. |
| Name of Lender |
| /s/ Sherrese Clarke |
| Name: Sherrese Clarke |
| Title: Authorized Signatory |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| HSBC Bank USA, N.A. |
| Name of Lender |
| /s/ Thomas A. Foley |
| Name: Thomas A. Foley |
| Title: Managing Director |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| UBS Loan Finance LLC | ||||||||
| Name of Lender | ||||||||
| /s/ Irja R. Otsa | /s/ Mary E. Evans | |||||||
| Name: | Irja R. Otsa | Name: | Mary E. Evans | |||||
| Title: | Associate Director | Title: | Associate Director | |||||
| Banking Products | Banking Products | |||||||
| Services, US | Services, US | |||||||
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| BNP Paribas |
| Name of Lender |
| /s/ Angela B. Arnold |
| Name: Angela B. Arnold |
| Title: Managing Director |
| /s/ Melissa Balley |
| Name: Melissa Balley |
| Title: Vice President |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| THE ROYAL BANK OF SCOTLAND PLC |
| Name of Lender |
| /s/ Michaela V. Galluzzo |
| Name: Michaela V. Galluzzo |
| Title: Director |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| DEUTSCHE BANK AG NEW YORK BRANCH | ||||
| Name of Lender | ||||
| /s/ Ming K. Chu | /s/ Heidi Sandquist | |||
| Name: MING K. CHU | Name: HEIDI SANDQUIST | |||
| Title: VICE PRESIDENT | Title: DIRECTOR | |||
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Banco Bilbao Vizcaya Argentaria S.A. | ||||
| Name of Lender | ||||
| /s/ Adriana Alaix | /s/ Matias Cruces | |||
| Name: Adriana Alaix | Name: Matias Cruces | |||
| Title: Vice President | Title: Executive Director | |||
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| GOLDMAN SACHS BANK USA |
| Name of Lender |
| /s/ Mark Walton |
| Name: MARK WALTON |
| Title: AUTHORIZED SIGNATORY |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Australia and New Zealand Banking Group Limited |
| Name of Lender |
| /s/ Robert Grillo |
| Name: Robert Grillo |
| Title: Director |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Mizuho Corporate Bank (USA) |
| Name of Lender |
| /s/ Noel Purcell |
| Name: Noel Purcell |
| Title: Senior Vice President |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| TORONTO DOMINION (NEW YORK) LLC |
| Name of Lender |
| /s/ Bebi Yasin |
| Name: BEBI YASIN |
| Title: AUTHORIZED SIGNATORY |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| THE BANK OF NEW YORK MELLON |
| Name of Lender |
| /s/ Donald G. Cassidy, Jr. |
| Name: DONALD G. CASSIDY, JR. |
| Title: MANAGING DIRECTOR |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| US BANK, NATIONAL ASSOCIATION |
| Name of Lender |
| /s/ Steven L. Sawyer |
| Name: Steven L. Sawyer |
| Title: Vice President |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| PNC Bank, National Association | ||
| Name of Lender | ||
| /s/ Michael A. Richards | ||
| Name: Michael A. Richards | ||
| Title: | Senior Vice President PNC Bank, National Association | |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| THE NORTHERN TRUST COMPANY |
| Name of Lender |
| /s/ Daniel J. Boote |
| Name: Daniel J. Boote |
| Title: Senior Vice President |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| SOCIETE GENERALE |
| Name of Lender |
| /s/ Kimberly Metzger |
| Name: Kimberly Metzger |
| Title: Director |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Barclays Bank PLC |
| Name of Lender |
| /s/ Michael Mozer |
| Name: Michael Mozer |
| Title: Vice President |
By its signature below the undersigned Lender
confirms its agreement to the extension and amendments
requested above
| Bank of China, New York Branch |
| Name of Lender |
| /s/ Haifeng Xu |
| Name: Haifeng Xu |
| Title: Assistant General Manager |
