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| DF > SEC Filings for DF > Form 8-K on 3-Apr-2009 | All Recent SEC Filings |
3-Apr-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibits
On March 30, 2009, certain subsidiaries of Dean Foods Company (the "Company")
that are party to the Fifth Amended and Restated Receivables Purchase Agreement
and Limited Waiver (the "Receivables Purchase Agreement") entered into Amendment
Number 7 (the "Seventh Amendment") to the Receivables Purchase Agreement
pursuant to which the liquidity termination date was extended by 364 days to
March 29, 2010, which date may be extended by mutual consent of the parties for
an additional 364 days pursuant to the terms of the Receivables Purchase
Agreement. In addition, the Seventh Amendment contains certain conforming
changes in connection with the assignment by JPMorgan Chase Bank, N.A., JS
Siloed Trust, Cooperatieve Centrale Raiffeisen - Boerenleenbank B.A. and Nieuw
Amsterdam Receivables Corporation of a portion of their respective rights and
obligations under the Receivables Purchase Agreement and related documents to
SunTrust Bank and Three Pillars Funding LLC. The Seventh Amendment is by and
among (1) Dairy Group Receivables, L.P., Dairy Group Receivables II, L.P. and
WhiteWave Receivables, L.P., all of which are subsidiaries of the Company,
(2) the financial institutions that are party to the Receivables Purchase
Agreement, (3) the companies that are party to the Receivables Purchase
Agreement, (4) JPMorgan Chase Bank, N.A., as agent, and (5) the Company, as
provider of certain performance undertakings on behalf of its subsidiaries. The
Third Amendment is attached as Exhibit 10.1 to this Current Report on form 8-K
and the description above is qualified entirely by reference to the full text of
Exhibit 10.1.
(d) Exhibits
10.1 Amendment No. 7 to Fifth Amended and Restated Receivables Purchase
Agreement and Reaffirmation of Performance Undertaking, dated March 30,
2009.
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