| Preview
Subscribers | 2004 |
364-Day Credit Agreement
364-Day Credit Agreement (311K)
Doc #446880: Click preview link for longer preview.
364-DAY CREDIT AGREEMENT
Dated as of July 28, 2004
HERSHEY FOODS CORPORATION, a Delaware corporation (the
"Company"), the banks, financial institutions and other institutional lenders
(the "Initial Lenders") listed on the signature pages hereof, CITIBANK, N.A.
("Citibank"), as administrative agent (the "Agent") for the Lenders (as
hereinafter defined), BANK OF AMERICA, N.A., as syndication agent and CITIGROUP
GLOBAL MARKETS INC. and BANC AMERICA SECURITIES LLC, as joint . . .
446880
|
Citibank
As referenced in this 364-Day Credit Agreement:
CITIBANK, N.A. – as of July 28, 2004
HERSHEY FOODS CORPORATION, a Delaware corporation (the
"Company"), the banks, financial institutions and other institutional lenders
(the "Initial Lenders") listed on the signature pages hereof, CITIBANK, N.A.
("Citibank"), as administrative agent (the "Agent") for the Lenders (as
hereinafter defined), BANK OF AMERICA, N.A., as syndication agent and CITIGROUP
GLOBAL MARKETS INC. and BANC AMERICA SECURITIES
_____________
CITIBANK, N.A. – the date first above written.
HERSHEY FOODS CORPORATION
By: /s/ Frank Cerminara
-------------------------------
Title: Senior Vice President, Chief
Financial Officer
By: /s/ Edward H. Achorn, Jr.
-------------------------------
Title: Vice President and Treasurer
CITIBANK, N.A. ,
as Administrative Agent
By: /s/ Carolyn Kee
-------------------------------
Title: Vice President
Lenders
-------
CITIBANK, N.A.
By: /s/ Carolyn Kee
-------------------------------
Title: Vice President
BANK OF AMERICA, N.A.
By: /s/ William
_____________
CITIBANK, N.A. – Vice President, Chief
Financial Officer
By: /s/ Edward H. Achorn, Jr.
-------------------------------
Title: Vice President and Treasurer
CITIBANK, N.A.,
as Administrative Agent
By: /s/ Carolyn Kee
-------------------------------
Title: Vice President
Lenders
-------
CITIBANK, N.A.
By: /s/ Carolyn Kee
-------------------------------
Title: Vice President
BANK OF AMERICA, N.A.
By: /s/ William Sweeney
-------------------------------
Title: Managing Director
UBS LOAN FINANCE LLC
By: /s/ Joselin Fernandes
-------------------------------
Title: Director
_____________
CITIBANK, N.A. – 14th Floor
Dallas, TX 75202 Dallas, TX 75202
Attn: Sam Brown Attn: Sam Brown
T: (214) 209-9262 T: (214) 209-9262
F: (214) 290-9519 F: (214) 290-9519
------------------------------ ----------------------- ---------------------------------- -------------------------------
------------------------------ ----------------------- ---------------------------------- -------------------------------
CITIBANK, N.A. $166,666,666.67 Two Penns Way Two Penns Way
New Castle, DE 19720 New Castle, DE 19720
Attn: Bank Loan Syndications Attn: Bank Loan Syndications
T: (302) 894-
_____________
CITIBANK, N.A. – S. $500,000,000
364-DAY CREDIT AGREEMENT
Dated as of July 28, 2004
Among
HERSHEY FOODS CORPORATION,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A. ,
as Administrative Agent,
and
BANK OF AMERICA, N.A.,
as Syndication Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC AMERICA SECURITIES LLC,
as Joint Lead Arrangers and Joint Book
_____________
dt 1478554
;
McGraw-Hill Companies
As referenced in this 364-Day Credit Agreement:
McGraw-Hill Companies, Inc – such Borrower to such
Lender resulting from the Revolving Credit Advances made by such Lender
to such Borrower.
"S&P" means Standard & Poor's Rating Services, a division of
the McGraw-Hill Companies, Inc ., or its successor.
"SINGLE EMPLOYER PLAN" means a single employer plan, as
defined in Section 4001(a)(15) of ERISA, that (a) is maintained for
employees of the Company
_____________
dt 1516598
;
|
 BofA
As referenced in this 364-Day Credit Agreement:
BANK OF AMERICA, N.A. – financial institutions and other institutional lenders
(the "Initial Lenders") listed on the signature pages hereof, CITIBANK, N.A.
("Citibank"), as administrative agent (the "Agent") for the Lenders (as
hereinafter defined), BANK OF AMERICA, N.A. , as syndication agent and CITIGROUP
GLOBAL MARKETS INC. and BANC AMERICA SECURITIES LLC, as joint lead arrangers and
joint book managers (the "Arrangers"), agree as follows:
ARTICLE I
DEFINITIONS
_____________
Bank of America, N.A. – or Moody's, as the case may be,
shall refer to the then equivalent rating by S&P or Moody's, as the
case may be.
"REFERENCE BANKS" means Citibank, Bank of America, N.A. and
UBS AG, Stamford Branch, or, in the event that less than two of such
Lenders remain Lenders hereunder at any time, any other commercial bank
designated by the
_____________
BANK OF AMERICA, N.A. – Jr.
-------------------------------
Title: Vice President and Treasurer
CITIBANK, N.A.,
as Administrative Agent
By: /s/ Carolyn Kee
-------------------------------
Title: Vice President
Lenders
-------
CITIBANK, N.A.
By: /s/ Carolyn Kee
-------------------------------
Title: Vice President
BANK OF AMERICA, N.A.
By: /s/ William Sweeney
-------------------------------
Title: Managing Director
UBS LOAN FINANCE LLC
By: /s/ Joselin Fernandes
-------------------------------
Title: Director
By: /s/ Winslowe Ogbourne
-------------------------------
Title: Associate Director
{PAGE}
SCHEDULE I TO THE
_____________
BANK OF AMERICA, N.A. – SCHEDULE I TO THE 364-DAY CREDIT AGREEMENT
COMMITMENTS AND APPLICABLE LENDING OFFICES
{TABLE}
{CAPTION}
------------------------------ ----------------------- ---------------------------------- -------------------------------
{S} {C} {C} {C}
Name of Initial Lender Commitment Domestic Lending Office Eurodollar Lending Office
------------------------------ ----------------------- ---------------------------------- -------------------------------
------------------------------ ----------------------- ---------------------------------- -------------------------------
BANK OF AMERICA, N.A. $166,666,666.66 901 Main Street, 14th Floor 901 Main Street, 14th Floor
Dallas, TX 75202 Dallas, TX 75202
Attn: Sam Brown Attn: Sam Brown
T: (214) 209-
_____________
BANK OF AMERICA, N.A. – AGREEMENT
Dated as of July 28, 2004
Among
HERSHEY FOODS CORPORATION,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A.,
as Administrative Agent,
and
BANK OF AMERICA, N.A. ,
as Syndication Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC AMERICA SECURITIES LLC,
as Joint Lead Arrangers and Joint Book Managers,
{PAGE}
{TABLE}
{CAPTION}
TABLE OF CONTENTS
ARTICLE I
_____________
dt 1554427
;
BNY
As referenced in this 364-Day Credit Agreement:
Bank
of New York, – System arranged by Federal funds
brokers, as published for such day (or, if such day is not a Business
Day, for the next preceding Business Day) by the Federal Reserve Bank
of New York, or, if such rate is not so published for any day that is a
Business Day, the average of the quotations for such day on such
transactions received by
_____________
dt 1584225
;
More... |
| Preview
Subscribers | 2003 |
Annual Report to Shareholders
Annual Report to Shareholders (1,138K)
Doc #2367890: Click preview link for longer preview.
Fifth Third Funds Annual Report
July 31, 2002
[LOGO]
STOCK AND BOND MUTUAL FUNDS
Annual Report to Shareholders
July 31, 2002
NOTICE OF DELIVERY OF PROSPECTUSES,
SEMI-ANNUAL REPORTS AND ANNUAL REPORTS
In order to reduce expenses of the Fifth Third Funds incurred in connection
with the mailing of prospectuses, . . .
2367890
|
Hershey Foods
As referenced in this Annual Report to Shareholders:
Hershey Foods Corp. – Zions Bancorporation 333
----------------------------------- -------
Total 53,700
----------------------------------- -------
Food and Beverages - 0.4%
-----------------------------------
4,900 Brown-Forman Corp. 332
29,500 Campbell Soup Co. 687
38,650 ConAgra, Inc. 971
9,800 Hershey Foods Corp. 769
----------------------------------- -------
Total 2,759
----------------------------------- -------
Health Care - 3.4%
-----------------------------------
7,500 AmerisourceBergen Corp. 502
3,900 Bausch & Lomb, Inc. 129
43,200 Baxter International, Inc. 1,724
18,600 Becton,
_____________
Hershey Foods Corp. – 3,046
----------------------------------------------------------- -------
Financial Services - 5.9%
-----------------------------------------------------------
24,850 Fannie Mae 1,861
81,400 Marsh & McLennan Cos., Inc. 3,899
----------------------------------------------------------- -------
Total 5,760
----------------------------------------------------------- -------
Food and Beverages - 1.7%
-----------------------------------------------------------
21,200 Hershey Foods Corp. 1,663
----------------------------------------------------------- -------
Health Care - 2.5%
-----------------------------------------------------------
58,850 Medtronic, Inc. 2,378
----------------------------------------------------------- -------
Insurance - 1.1%
-----------------------------------------------------------
25,500 Cincinnati Financial Corp. 1,022
----------------------------------------------------------- -------
{/TABLE}
{TABLE}
{CAPTION}
Shares or
Principal
Amount
_____________
dt 1475590
;
3Com
As referenced in this Annual Report to Shareholders:
3Com Corp. – of Portfolio Investments (continued)
July 31, 2002
(Amounts in thousands except share amounts)
--------------------------------------------------------------------------------
{TABLE}
{CAPTION}
Shares or
Principal Security
Amount Description Value
--------- ------------------------------------- -------
{C} {S} {C}
Telecommunications - 5.2%
-------------------------------------
327,000 3Com Corp. (b) $ 1,475
200,000 AT&T Corp. 2,035
276,800 Crown Castle International (b) 637
350,000 JDS Uniphase Corp. (b) 886
35,000 Verizon Communications, Inc.
_____________
dt 1564993
;
Acxiom
As referenced in this Annual Report to Shareholders:
Acxiom Corp. – Republic Bancorp., Inc. 2,694
112,500 Texas Regional Bancshares, Inc. 3,712
------------------------------------ --------
Total 12,273
------------------------------------ --------
Business Equipment & Services - 7.5%
------------------------------------
150,000 ABM Industries, Inc. 2,475
100,000 Acxiom Corp. (b) 1,586
75,000 Administaff, Inc. (b) 563
75,000 Advo, Inc. (b) 2,582
100,000 Catalina Marketing Corp. (b) 2,874
125,000 Copart, Inc. (b)
_____________
dt 1536566
;
|
AES
As referenced in this Annual Report to Shareholders:
AES Corp. – assets), up 75.4%, and Boston Scientific Corp. (0.14%), up 66.5%. The
poorest performers during the period were Qwest Communications International,
Inc. (0.01%), down 95.1%, and AES Corp. (0.01%), down 94.6%./++/
Q. What is your outlook for large-company stocks going forward?
A. The U.S. economy should improve going forward; however, the recovery depends
_____________
AES Corp. – 275
55,405 Southwest Airlines Co. 765
18,100 Union Pacific Corp. 1,062
80,300 United Parcel Service, Inc. 5,247
---------------------------------------- -------
Total 10,721
---------------------------------------- -------
Utilities - 2.7%
----------------------------------------
42,600 AES Corp. (b) 87
9,000 Allegheny Energy, Inc. 189
10,400 Ameren Corp. 454
24,360 American Electric Power Company, Inc. 802
29,700 Calpine Corp. (b) 148
10,200
_____________
dt 1567822
;
Affiliated
As referenced in this Annual Report to Shareholders:
Affiliated
Computer Services, Inc. – What stocks helped boost returns?
A. The Fund's top-performing stocks were North Fork Bancorp. (2.66% of net
assets), Zebra Technologies Corp. (1.88%), Fastenal Co. (2.99%), Affiliated
Computer Services, Inc. (0.77%) and First Tennessee National Corp. (4.75%)./++/
Q. What is your outlook for the stock market, and how will you position the Fund
in that environment?
A.
_____________
Affiliated Computer Services,
Inc. – from their low valuations.
Q. What were the Fund's top five holdings at the end of the period?
A. The top five holdings as of July 31, 2002 were Affiliated Computer Services,
Inc. (5.09% of net assets), Cardinal Health, Inc. (4.63%), HCA-The Healthcare
Co. (4.42%), Willis Group Holdings Ltd. (4.02%), and Forest Laboratories, Inc.
(3.87%)./++/
------------
/++/ The
_____________
Affiliated Computer Services, Inc. – 323,000 National Commerce Bancorp. 8,317
160,000 North Fork Bancorp. 6,498
215,000 SouthTrust Corp. 5,427
---------------------------------------- -------
Total 31,845
---------------------------------------- -------
Business Equipment & Services - 0.8%
----------------------------------------
40,000 Affiliated Computer Services, Inc. (b) 1,879
---------------------------------------- -------
Business Services - 4.1%
----------------------------------------
63,000 Cintas Corp. 2,765
192,000 Fastenal Co. (b) 7,309
---------------------------------------- -------
Total 10,074
---------------------------------------- -------
Computer Software & Services - 8.3%
----------------------------------------
355,
_____________
Affiliated Computer Services, Inc. – amounts)
--------------------------------------------------------------------------------
{TABLE}
{CAPTION}
Security
Shares Description Value
------ -------------------------------------- ------
{C} {S} {C}
Common Stocks - 100.1%
Banking - 1.3%
--------------------------------------
7,014 Wells Fargo Co. $ 357
-------------------------------------- ------
Business Equipment & Services - 6.3%
--------------------------------------
29,100 Affiliated Computer Services, Inc. (b) 1,367
16,300 Concord EFS, Inc. (b) 318
-------------------------------------- ------
Total 1,685
-------------------------------------- ------
Chemicals - 0.6%
--------------------------------------
3,165 Praxair, Inc. 166
-------------------------------------- ------
Computer Software & Services - 6.3%
--------------------------------------
14,775 Fiserv,
_____________
dt 1446939
;
More... |
| Preview
Subscribers | 2003 |
Broad Based Stock Option Plan
Broad Based Stock Option Plan (38K)
Doc #446993: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
Broad Based Stock Option Plan
(Amended and Restated as of August 19, 2002)
1. ESTABLISHMENT AND PURPOSE
The purpose of the Broad Based Stock Option Plan (the "Plan") is to
provide to participating employees of Hershey Foods Corporation (the
"Corporation") and its subsidiaries (as defined below), upon whose efforts the
Corporation is dependent for the successful conduct of its business, an
incentive to continue and increase their efforts as . . .
446993
| | |
| Subscribers | 2002 |
Certification
Certification (1K)
Doc #447039: This document is immediately available for purchase, but does not have a preview available for viewing.
447039
| | |
| Subscribers | 2002 |
Certification
Certification (1K)
Doc #447040: This document is immediately available for purchase, but does not have a preview available for viewing.
447040
| | |
| Preview
Subscribers | 2007 |
Credit Agreement
Credit Agreement (240K)
Doc #3013068: Click preview link for longer preview.
U.S. $300,000,000
CREDIT AGREEMENT
Dated as of August 24, 2007
Among
THE HERSHEY COMPANY,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A.,
as Administrative Agent,
and
BANK OF AMERICA, N.A.,
as Syndication Agent,
and
UBS LOAN FINANCE LLC,
as Documentation Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC OF AMERICA SECURITIES LLC,
as Joint Lead Arrangers and Joint Book Managers,
TABLE OF CONTENTS
ARTICLE I DEFINITIONS AND ACCOUNTING TERMS
. . .
3013068
| | |
| Preview
Subscribers | 2007 |
Credit Agreement
Credit Agreement (240K)
Doc #3024640: Click preview link for longer preview.
U.S. $300,000,000
CREDIT AGREEMENT
Dated as of August 24, 2007
Among
THE HERSHEY COMPANY,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A.,
as Administrative Agent,
and
BANK OF AMERICA, N.A.,
as Syndication Agent,
and
UBS LOAN FINANCE LLC,
as Documentation Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC OF AMERICA SECURITIES LLC,
as Joint Lead Arrangers and Joint Book Managers,
TABLE OF CONTENTS
ARTICLE I DEFINITIONS AND ACCOUNTING TERMS
. . .
3024640
| | |
| Preview
Subscribers | 2002 |
Deferred Compensation Plan
Deferred Compensation Plan (48K)
Doc #447046: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
DEFERRED COMPENSATION PLAN
(AMENDED AND RESTATED AS OF AUGUST 19, 2002)
This Deferred Compensation Plan (the "Plan") allows
participants in the following programs of Hershey Foods Corporation's Key
Employee Incentive Plan to defer receipt of all or part of their awards: (1)
cash awards under the Annual Incentive Program (the "AIP"); (2) the cash
equivalent or Common Stock of Hershey Foods Corporation (the . . .
447046
| | |
| Preview
Subscribers | 2002 |
Deferred Compensation Plan
Deferred Compensation Plan (39K)
Doc #447103: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
DEFERRED COMPENSATION PLAN
(AMENDED AND RESTATED AS OF OCTOBER 31, 2001)
This Deferred Compensation Plan (the "Plan") allows
participants in the following programs of Hershey Foods Corporation's Key
Employee Incentive Plan to defer receipt of all or part of their awards: (1)
cash awards under the Annual Incentive Program (the "AIP"); (2) the cash
equivalent or Common Stock of Hershey Foods Corporation (the "Company")
representing . . .
447103
| | |
| Preview
Subscribers | 2003 |
Directors' Compensation Plan
Directors' Compensation Plan (35K)
Doc #446991: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
DIRECTORS' COMPENSATION PLAN
(Amended and Restated as of December 3, 2002)
1
PURPOSE
The purposes of the Directors' Compensation Plan ("Plan") are to provide
Directors of Hershey Foods Corporation ("Corporation") with payment alternatives
for the retainer and fees payable for services as members of the Board of
Directors ("Board") of the Corporation or as a chair of . . .
446991
| | |
| Preview
Subscribers | 2002 |
Directors' Compensation Plan
Directors' Compensation Plan (33K)
Doc #447104: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
DIRECTORS' COMPENSATION PLAN
(Amended and Restated as of October 2, 2001)
1
PURPOSE
The purposes of the Directors' Compensation Plan ("Plan") are to provide
Directors of Hershey Foods Corporation ("Corporation") with payment alternatives
for the retainer and fees payable for services as members of the Board of
Directors ("Board") of the Corporation or as a chair of . . .
447104
| | |
| Preview
Subscribers | 2001 |
Executive Employment Agreement
Executive Employment Agreement (131K)
Doc #447146: Click preview link for longer preview.
EXECUTIVE EMPLOYMENT AGREEMENT
THIS EXECUTIVE EMPLOYMENT AGREEMENT (the "Agreement") is entered into
as of March 12, 2001 (the "Effective Date"), between Hershey Foods Corporation,
a Delaware corporation together with its successors and assigns permitted under
this Agreement ("Employer"), and Richard H. Lenny (the "Executive").
1. TERM. Subject to earlier termination as provided herein, Employer
hereby agrees to employ and continue in its employ the Executive, and the
Executive hereby . . .
447146
| | |
| Preview
Subscribers | 2004 |
Five Year Credit Agreement
Five Year Credit Agreement (300K)
Doc #446851: Click preview link for longer preview.
U.S. $900,000,000
FIVE YEAR CREDIT AGREEMENT
Dated as of November 12, 2004
Among
HERSHEY FOODS CORPORATION,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A.,
. . .
446851
|
Citibank
As referenced in this Five Year Credit Agreement:
CITIBANK, N.A. – S. $900,000,000
FIVE YEAR CREDIT AGREEMENT
Dated as of November 12, 2004
Among
HERSHEY FOODS CORPORATION,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A. ,
as Administrative Agent,
and
BANK OF AMERICA, N.A.,
as Syndication Agent,
and
UBS LOAN FINANCE LLC,
as Documentation Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC OF AMERICA
_____________
CITIBANK, N.A. – as of November 12, 2004
HERSHEY FOODS CORPORATION, a Delaware corporation (the
"Company"), the banks, financial institutions and other institutional lenders
(the "Initial Lenders") listed on the signature pages hereof, CITIBANK, N.A.
("Citibank"), as administrative agent (the "Agent") for the Lenders (as
hereinafter defined), BANK OF AMERICA, N.A., as syndication agent, UBS LOAN
FINANCE LLC, as documentation agent, and CITIGROUP
_____________
CITIBANK, N.A. – the date first above written.
HERSHEY FOODS CORPORATION
By: /s/ Frank Cerminara
-----------------------------
Title: Senior Vice President, Chief
Financial Officer
By: /s/ Robert J. Mazzoni
--------------------------------
Title: Vice President, Global Sourcing
& Treasurer
CITIBANK, N.A. ,
as Administrative Agent
By: /s/ Carolyn A. Kee
------------------
Title: Vice President
Lenders
CITIBANK, N.A.
By: /s/ Carolyn A. Kee
------------------
Title: Vice President
BANK OF AMERICA, N.A.
By: /
_____________
CITIBANK, N.A. – President, Chief
Financial Officer
By: /s/ Robert J. Mazzoni
--------------------------------
Title: Vice President, Global Sourcing
& Treasurer
CITIBANK, N.A.,
as Administrative Agent
By: /s/ Carolyn A. Kee
------------------
Title: Vice President
Lenders
CITIBANK, N.A.
By: /s/ Carolyn A. Kee
------------------
Title: Vice President
BANK OF AMERICA, N.A.
By: /s/ William F. Sweeney
--------------------------
Title: Senior Vice President
UBS LOAN FINANCE LLC
By: /s/ Dora
_____________
Citibank, N.A. – New York, NY 10017 New York, NY 10017
Attn: Dominic Sorresso Attn: Dominic Sorresso
T: (212) 856-4133 T: (212) 856-4133
F: (212) 856-3991 F: (212) 856-3991
------------------------------ ----------------------- ---------------------------------- -------------------------------
Citibank, N.A. $190,000,000 Two Penns Way Two Penns Way
New Castle, DE 19720 New Castle, DE 19720
Attn: Bank Loan Syndications Attn: Bank Loan Syndications
T: (302) 894-6029
_____________
dt 1478553
;
McGraw-Hill Companies
As referenced in this Five Year Credit Agreement:
McGraw-Hill Companies, Inc – such Borrower to such
Lender resulting from the Revolving Credit Advances made by such Lender
to such Borrower.
"S&P" means Standard & Poor's Rating Services, a division of
the McGraw-Hill Companies, Inc ., or its successor.
"SINGLE EMPLOYER PLAN" means a single employer plan, as
defined in Section 4001(a)(15) of ERISA, that (a) is maintained for
employees of the Company
_____________
dt 1516597
;
|
BofA Securities
As referenced in this Five Year Credit Agreement:
BANC OF AMERICA SECURITIES LLC – and
CITIBANK, N.A.,
as Administrative Agent,
and
BANK OF AMERICA, N.A.,
as Syndication Agent,
and
UBS LOAN FINANCE LLC,
as Documentation Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC OF AMERICA SECURITIES LLC ,
as Joint Lead Arrangers and Joint Book Managers,
{PAGE}
{TABLE}
{CAPTION}
TABLE OF CONTENTS
ARTICLE I DEFINITIONS AND ACCOUNTING TERMS
{S} {C} {C}
SECTION 1.01. Certain Defined Terms...............................................................................
_____________
BANC
OF AMERICA SECURITIES LLC – agent (the "Agent") for the Lenders (as
hereinafter defined), BANK OF AMERICA, N.A., as syndication agent, UBS LOAN
FINANCE LLC, as documentation agent, and CITIGROUP GLOBAL MARKETS INC. and BANC
OF AMERICA SECURITIES LLC , as joint lead arrangers and joint book managers (the
"Arrangers"), agree as follows:
ARTICLE I
DEFINITIONS AND ACCOUNTING TERMS
SECTION 1.01. CERTAIN DEFINED TERMS. As used in this
_____________
dt 1355380
;
BofA
As referenced in this Five Year Credit Agreement:
BANK OF AMERICA, N.A. – AGREEMENT
Dated as of November 12, 2004
Among
HERSHEY FOODS CORPORATION,
as Borrower,
and
THE INITIAL LENDERS NAMED HEREIN,
as Initial Lenders,
and
CITIBANK, N.A.,
as Administrative Agent,
and
BANK OF AMERICA, N.A. ,
as Syndication Agent,
and
UBS LOAN FINANCE LLC,
as Documentation Agent,
and
CITIGROUP GLOBAL MARKETS INC.,
and
BANC OF AMERICA SECURITIES LLC,
as Joint Lead Arrangers and Joint Book
_____________
BANK OF AMERICA, N.A. – financial institutions and other institutional lenders
(the "Initial Lenders") listed on the signature pages hereof, CITIBANK, N.A.
("Citibank"), as administrative agent (the "Agent") for the Lenders (as
hereinafter defined), BANK OF AMERICA, N.A. , as syndication agent, UBS LOAN
FINANCE LLC, as documentation agent, and CITIGROUP GLOBAL MARKETS INC. and BANC
OF AMERICA SECURITIES LLC, as joint lead arrangers and joint book managers (
_____________
Bank of America, N.A. – or Moody's, as
the case may be, shall refer to the then equivalent rating by S&P or
Moody's, as the case may be.
"REFERENCE BANKS" means Citibank, Bank of America, N.A. and
UBS AG, Stamford Branch, or, in the event that less than two of such
Lenders remain Lenders hereunder at any time, any other commercial bank
designated by the
_____________
BANK OF AMERICA, N.A. – President, Global Sourcing
& Treasurer
CITIBANK, N.A.,
as Administrative Agent
By: /s/ Carolyn A. Kee
------------------
Title: Vice President
Lenders
CITIBANK, N.A.
By: /s/ Carolyn A. Kee
------------------
Title: Vice President
BANK OF AMERICA, N.A.
By: /s/ William F. Sweeney
--------------------------
Title: Senior Vice President
UBS LOAN FINANCE LLC
By: /s/ Dora Mesa
------------------
Title: Associate Director
By: /s/ Joselin Fernandes
----------------------
Title: Associate Director
PNC BANK,
_____________
Bank of America, N.A. – PAGE}
{TABLE}
{CAPTION}
SCHEDULE I TO THE AMENDMENT AND RESTATEMENT
COMMITMENTS AND APPLICABLE LENDING OFFICES
------------------------------ ----------------------- ---------------------------------- -------------------------------
{S} {C} {C} {C}
Name of Initial Lender Commitment Domestic Lending Office Eurodollar Lending Office
------------------------------ ----------------------- ---------------------------------- -------------------------------
Bank of America, N.A. $190,000,000 901 Main Street, 14th Floor 901 Main Street, 14th Floor
Dallas, TX 75202 Dallas, TX 75202
Attn: Sam Brown Attn: Sam Brown
T: (214) 209-9262
_____________
dt 1554426
;
More... |
| Preview
Subscribers | 2002 |
Key Employee Incentive Plan
Key Employee Incentive Plan (61K)
Doc #447045: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
KEY EMPLOYEE INCENTIVE PLAN
(Amended and Restated as of August 19, 2002)
1. ESTABLISHMENT AND PURPOSE
Hershey Foods Corporation (the "Corporation") hereby establishes the Key
Employee Incentive Plan (the "Plan"). The purpose of the Plan is to provide
to selected key employees of the Corporation and its subsidiaries (as
defined below), upon whose efforts the Corporation is dependent for the
successful conduct of its business, further . . .
447045
| | |
| Preview
Subscribers | 2002 |
Key Employee Incentive Plan
Key Employee Incentive Plan (57K)
Doc #447090: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
KEY EMPLOYEE INCENTIVE PLAN
(Amended and Restated by the Board February 13, 2002)
1. ESTABLISHMENT AND PURPOSE
Hershey Foods Corporation (the "Corporation") hereby establishes the Key
Employee Incentive Plan (the "Plan"). The purpose of the Plan is to provide
to selected key employees of the Corporation and its subsidiaries (as
defined below), upon whose efforts the Corporation is dependent for the
successful conduct of its business, . . .
447090
| | |
| Preview
Subscribers | 2001 |
Key Employee Incentive Plan
Key Employee Incentive Plan (57K)
Doc #447145: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
KEY EMPLOYEE INCENTIVE PLAN
1. ESTABLISHMENT AND PURPOSE
Hershey Foods Corporation (the "Corporation") hereby establishes the Key
Employee Incentive Plan (the "Plan"). The purpose of the Plan is to provide
to selected key employees of the Corporation and its subsidiaries (as
defined below), upon whose efforts the Corporation is dependent for the
successful conduct of its business, further incentive to continue and
increase . . .
447145
| | |
| Preview
Subscribers | 2001 |
Key Employee Incentive Plan
Key Employee Incentive Plan (57K)
Doc #447153: Click preview link for longer preview.
HERSHEY FOODS CORPORATION
KEY EMPLOYEE INCENTIVE PLAN
1. ESTABLISHMENT AND PURPOSE
Hershey Foods Corporation (the "Corporation") hereby establishes the Key
Employee Incentive Plan (the "Plan"). The purpose of the Plan is to provide
to selected key employees of the Corporation and its subsidiaries (as
defined below), upon whose efforts the Corporation is dependent for the
successful conduct of its business, further incentive to continue and
increase . . .
447153
| | |
| Subscribers | 2007 |
Management Incentive Compensation Plan
Management Incentive Compensation Plan (10K)
Doc #2703716: This document is immediately available for purchase, but does not have a preview available for viewing.
2703716
| | |
| Subscribers | 2006 |
Pricing Agreement
Pricing Agreement (12K)
Doc #2482084: This document is immediately available for purchase, but does not have a preview available for viewing.
2482084
| | |
| Preview
Subscribers | 2005 |
Retirement Agreement and General Release
Retirement Agreement and General Release (51K)
Doc #446807: Click preview link for longer preview.
RETIREMENT AGREEMENT AND GENERAL RELEASE
This Retirement Agreement and General Release (the Agreement) is made as of the 21st day of October, 2004, by and between Hershey Foods Corporation, a Delaware corporation (the Company), and Frank Cerminara (Employee), and together with the Company, (the Parties).
RECITALS
WHEREAS, Employee is on the date hereof an employee of the Company holding the office of Senior Vice President, Chief Financial Officer; and
WHEREAS, Employee has informed the Company that he desires to resign as an officer of the Company (Resignation) effective December 31, 2004 (the Resignation Date), and to retire from the Company (Retirement) effective January 1, 2006, whereupon Employees employment with the Company shall terminate; and
WHEREAS, Employee has offered to provide to the Company certain services relating to the transition of his duties as Chief Financial Officer to his successor (Transition Services) from the Resignation Date to and including December 31, 2005 (such period hereinafter called the Transition Period); and
WHEREAS, in order to secure the services of Employee throughout the Transition Period, Company is willing to retain Employee during such period as an employee of the Company on a paid leave of absence; and
WHEREAS, |