EX-10.8 2 dex108.htm CREDIT AGREEMENT DATED AS OF MARCH 31, 2008, CONFORMED TO INCLUDE AMENDMENTS Credit Agreement dated as of March 31, 2008, conformed to include amendments

EXHIBIT 10.8

The Credit Agreement has been refiled to include all exhibits and schedules thereto as of March 31, 2008.

CONFIDENTIAL TREATMENT

Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such Portions are marked “[*]” in this document; they have been filed separately with the Commission.

CONFORMED FOR AMENDMENTS THROUGH JUNE 30, 2008

 

 

CREDIT AGREEMENT

among

CHIQUITA BRANDS L.L.C.,

as Borrower

CHIQUITA BRANDS INTERNATIONAL, INC.,

THE LENDERS NAMED HEREIN

and

COÖPERATIEVE CENTRALE RAIFFEISEN—BOERENLEENBANK B.A.,

“RABOBANK NEDERLAND”, NEW YORK BRANCH,

as Administrative Agent, an L/C Issuer and Swing Line Lender,

and

COÖPERATIEVE CENTRALE RAIFFEISEN—BOERENLEENBANK B.A.,

“RABOBANK NEDERLAND”, NEW YORK BRANCH,

as Lead Arranger and Bookrunner

Dated as of March 31, 2008

 

 


CREDIT AGREEMENT

THIS CREDIT AGREEMENT, dated as of March 31, 2008, is entered into by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN—BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as Administrative Agent (as defined below), as Swing Line Lender (as defined below), and as an L/C Issuer (as defined below); and (e) Rabobank, as lead arranger and bookrunner (in such capacities, the “Lead Arranger”).

RECITALS

A. The Borrower has requested that the L/C Issuer and the Lenders make available to it the Commitments, on the terms and conditions set forth herein, to (i) on the Effective Date, pay certain transaction fees and expenses and to refinance certain existing indebtedness of the Borrower, including the indebtedness under the Existing Credit Agreement, and (ii) from time to time thereafter, provide working capital for the Borrower and its Subsidiaries (including to fund Permitted Acquisitions (as defined below)).

B. The L/C Issuer and the Lenders have indicated their willingness to provide the Commitments upon the terms and subject to the conditions set forth herein.

AGREEMENT

NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows:

ARTICLE I INTERPRETATION

SECTION 1.01. Definitions. Unless otherwise indicated in this Agreement or any other Credit Document, each term set forth below, when used in this Agreement or any other Credit Document, shall have the respective meaning given to that term below or in the provision of this Agreement or other document, instrument or agreement referenced below:

Act” shall have the meaning given to that term in Section 8.16.

Additional Revolving Lender” shall have the meaning given to that term in Section 2.16(b)(ii).

Administrative Agent” shall mean, as the context may require, (a) Rabobank, acting as administrative agent for the Lenders (or any successor administrative agent appointed in accordance with Section 7.06), or (b) the administrative agent for the Lenders (or any successor administrative agent appointed in accordance with Section 7.06) acting in its capacity as collateral agent for the Secured Parties in accordance with Section 7.01(a).

 

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Affected Lender” shall have the meaning given to that term in Section 2.15.

Affiliate” shall mean, with respect to any Person, (a) each other Person that, directly or indirectly, owns or controls, whether beneficially or as a trustee, guardian or other fiduciary, 10% or more of any class of Equity Securities of such Person (exclusive of any Person that is permitted to report such ownership pursuant to Schedule 13G under the Exchange Act), (b) each other Person that controls, is controlled by or is under common control with such Person or any Affiliate of such Person or (c) that is a CBII Entity, the officers or directors of CBII or the Borrower; provided, however, that in no case shall the Administrative Agent or any Lender (by reason of its capacity as such) be deemed to be an Affiliate of any CBII Entity for purposes of this Agreement. For the purpose of this definition, “control” of a Person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of its management and policies, whether through the ownership of voting Equity Securities, by contract or otherwise.

Agreement” shall mean this Credit Agreement, as the same may be amended, restated, supplemented or modified from time to time.

Anti-Terrorism Laws” shall mean any laws, rules or regulations relating to terrorism, national security, US embargoes or other sanctions, or money laundering, including Executive Order No. 13224, the Act and the rules and regulations promulgated or administered by OFAC.

Applicable Lending Office” shall mean, with respect to any Lender, (a) in the case of its Base Rate Loans, its US Lending Office and (b) in the case of its LIBOR Loans, its Euro-Dollar Lending Office.

Applicable Margin” shall mean, (a) with respect to each Term Loan, the per annum margin which is determined pursuant to the Term Loan Pricing Grid and added to the Base Rate or LIBOR Rate, as the case may be, for such Term Loan, (b) with respect to each Revolving Loan, the per annum margin which is determined pursuant to the Revolving Loan Pricing Grid and added to the Base Rate or LIBOR Rate, as the case may be, for such Revolving Loan, and (c) with respect to the calculation of the Letter of Credit Fee Percentage, the per annum margin which is determined pursuant to the Revolving Loan Pricing Grid and added to the LIBOR Rate for Revolving Loans. The Applicable Margin with respect to (x) each Term Loan shall be determined as provided in the Term Loan Pricing Grid and shall change as set forth in the definition of Term Loan Pricing Grid and (y) each Revolving Loan and the calculation of the Letter of Credit Fee Percentage shall be determined as provided in the Revolving Loan Pricing Grid and shall change as set forth in the definition of Revolving Loan Pricing Grid. Notwithstanding the foregoing, the Applicable Margin with respect to (a) each Term Loan shall be determined for the first six months after the Effective Date based upon Tier 2 of the Term Loan Pricing Grid and (b) each Revolving Loan and the Letter of Credit Fee Percentage shall be determined for the first six months after the Effective Date based upon Tier 2 of the Revolving Loan Pricing Grid. Anything contained herein to the contrary notwithstanding, in the event that any Financial Statement or any Compliance Certificate is shown to be inaccurate (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin with respect to any Loans or the Letter of Credit Fee Percentage for any period (an

 

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Applicable Period”) than the Applicable Margin applied for such Applicable Period, then the Borrower shall immediately (a) deliver to the Administrative Agent a corrected Compliance Certificate for such Applicable Period, (b) determine the Applicable Margin with respect to such Loans and the Letter of Credit Fee Percentage for such Applicable Period based upon the corrected Compliance Certificate, and (c) pay to the Administrative Agent the accrued additional interest and the Letter of Credit Fee Percentage owing as a result of such increased Applicable Margin for such Applicable Period, which payment shall be promptly distributed to the Appropriate Lenders. This provision shall not limit the rights of the Administrative Agent and the Lenders with respect to Section 2.07(d) and Article VI.

Appropriate Lender” shall mean, at any time, with respect to (a) either the Term Loan Facility or the Revolving Loan Facility, a Lender that has a Commitment with respect to such Facility at such time, (b) the Letter of Credit Sublimit, (i) the L/C Issuer and (ii) if any L/C Borrowings have been refinanced as a Revolving Loan Borrowing that is outstanding at such time, each Revolving Lender and (c) the Swing Line Sublimit, the Swing Line Lender.

Approved Fund” shall mean any Fund that is administered, managed or underwritten by (a) a Lender, (b) an Affiliate of a Lender or (c) an entity or an Affiliate of an entity that administers or manages a Lender.

Asset Sale” shall mean the sale or disposition of any assets other than (a) sales permitted under Section 5.02(c)(i), 5.02(c)(iii), 5.02(c)(v) or 5.02(c)(vi), (b) transfers, sales or leases between Borrower Entities, (c) substantially equivalent exchanges of assets at Fair Market Value and upon terms at least as favorable as an arm’s-length transaction with unaffiliated Persons and (d) the sale or disposition of, or collection on, the Banacol Notes, or any sale or other disposition of any Equity Securities and/or assets of Landec, Atlanta AG or Meneu by any of the CBII Entities (the transactions permitted by clauses (a) through (d) herein being referred to as “Permitted Sales”).

Assignee Lender” shall have the meaning given to that term in Section 8.05(c)(i).

Assignment” shall have the meaning given to that term in Section 8.05(c)(i).

Assignment Agreement” shall have the meaning given to that term in Section 8.05(c)(i).

Assignment Effective Date” shall have, with respect to each Assignment Agreement, the effective date of the Assignment as set forth therein.

Assignor Lender” shall have the meaning given to that term in Section 8.05(c)(i).

Atlanta AG” shall mean Atlanta Aktiengesellschaft, a company organized under the laws of Germany.

Banacol Notes” shall mean the non-negotiable promissory notes from Invesmar Limited, a British Virgin Islands company, to any of the Borrower Entities, as any of the same may be amended, restated, renewed, replaced, supplemented or modified from time to time.

Bankruptcy Code” shall mean 11 U.S.C. Section 101 et seq.

 

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Base Rate” shall mean a fluctuating interest rate per annum in effect from time to time, which rate per annum shall at all times be equal to the higher of:

(a) the rate of interest per annum then most recently quoted by the Administrative Agent to be its base rate for Dollars loaned in the US; and

(b)  1/2 of 1% per annum above the Federal Funds Rate.

The Base Rate is an index rate and is not necessarily intended to be the lowest or best rate of interest charged to other customers in connection with extensions of credit or to other banks. Any change in the rate of interest resulting from a change in either of the above rates shall be effective as of the opening of business of the Administrative Agent on the day of such change.

Base Rate Loan” shall mean, at any time, a Loan which then bears interest as provided in Section 2.01(d)(i).

Blocked Person” shall have the meaning given to that term in Section 4.01(dd).

Board of Directors” shall mean, with respect to any Person, the Board of Directors, Board of Managers or similar governing body of such Person or any duly authorized committee or delegated officers of such Board of Directors.

Board Resolution” shall mean a copy of a resolution certified by the Secretary or an Assistant Secretary of the Borrower to have been duly adopted by its respective Board of Directors and to be in full force and effect on the date of such certification, and delivered to the Administrative Agent.

Borrower” shall have the meaning given to that term in the introductory paragraph hereof.

Borrower EBITDA” shall mean EBITDA in respect of the Borrower Entities on a consolidated basis, and after deducting CBII Overhead Expenses.

Borrower Entities” shall mean the Borrower and its Subsidiaries.

Borrower Funded Debt” shall mean Funded Debt in respect of the Borrower Entities, on a consolidated basis.

Borrower Leverage Ratio” shall mean the ratio of (a) Borrower Funded Debt, as of the end of any fiscal quarter, to (b) Borrower EBITDA for the four fiscal quarter period ended as of the end of such fiscal quarter.

Borrowing” shall mean a Term Loan Borrowing, a Revolving Loan Borrowing or a Swing Line Borrowing, as the context may require.

Business Day” shall mean any day on which (a) commercial banks are not authorized or required by law to close in New York, New York and (b) if such Business Day is related to a LIBOR Loan, dealings in Dollar deposits are carried out in the London interbank market.

 

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Capex Carryover” shall have the meaning given to that term in Section 5.03(c).

Capital Adequacy Requirement” shall have the meaning given to that term in Section 2.11(d).

Capital Asset” shall mean, with respect to any Person, any tangible, fixed or capital asset owned or leased (in the case of a Capital Lease) by such Person.

Capital Expenditures” shall mean, with respect to any Person and any period, all amounts expended by such Person during such period to acquire or to construct Capital Assets computed in accordance with GAAP.

Capital Leases” shall mean any and all lease obligations that, in accordance with GAAP, are required to be capitalized on the books of a lessee.

Cash Collateralize” shall mean to pledge and deposit with or deliver to the Administrative Agent, for the benefit of the L/C Issuer and the Revolving Lenders, as Collateral for the L/C Obligations, cash or deposit account balances in an amount equal to the L/C Obligations pursuant to documentation in form and substance reasonably satisfactory to the Administrative Agent and the L/C Issuer (which documents are hereby consented to by the Lenders). Derivatives of such term shall have a corresponding meaning.

CBCBV” shall mean Chiquita Banana Company B.V., an entity organized under the laws of The Netherlands.

CBII” shall have the meaning given to that term in the introductory paragraph hereof.

CBII Entities” shall mean CBII and its Subsidiaries.

CBII Overhead Expenses” shall mean the expenses of CBII, including for employing and compensating officers and employees and in fulfilling its obligations as a public company and administering its Subsidiaries’ activities, entering into space leases and other agreements in connection with such business activities, and having and maintaining various employee benefit plans for it, its Subsidiaries and their employees; provided that any such expenses shall be excluded to the extent such expenses are attributable to or incurred for any Subsidiary of CBII that is not a Borrower Entity or Permitted Joint Venture and which (a) is not dormant and has active business operations or (b) has more than de minimis profits, earnings, and/or assets.

Change of Control” shall mean an event or series of events by which any of the following occurs:

(a) any Exchange Act Person is or becomes the beneficial owner, directly or indirectly, of more than 50% of the total voting power of all outstanding classes of voting capital stock of CBII;

(b) the adoption of a plan relating to the liquidation or dissolution of CBII or the Borrower;

 

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(c) on any date, a majority of CBII’s Board of Directors does not consist of Persons (i) who were directors at the Effective Date (“Continuing Directors”) or (ii) whose election or nomination as directors was approved by at least 2/3 of the directors then in office who are Continuing Directors or whose election or nomination was previously so approved;

(d) CBII fails to own directly or indirectly 100% of the Borrower; or

(e) except as a result of a transaction permitted by Section 5.02(c), Section 5.02(d)(i) or Section 5.02(d)(ii), the Borrower fails to own, directly or indirectly, 100% of each of the Subsidiary Guarantors and the other Significant Subsidiaries (other than the Borrower).

Change of Law” shall have the meaning given to that term in Section 2.11(b).

Clayton County Lease” shall mean that certain Lease Agreement, dated as of April 1, 2004, between the Development Authority of Clayton County, Georgia, and Fresh-Cuts, LLC, as successor in interest to Fresh-Cuts Incorporated, as amended, restated, supplemented or modified from time to time.

Clayton County Leasehold Mortgage” shall mean that deed to secure debt, dated as of the Effective Date, in substantially the form of Exhibit Q-2 covering the leasehold interest and any and all other interests of the lessee (including any residual interests of the lessee and any purchase option held by the lessee or any other Loan Party) created under the Clayton County Lease (together with the Assignments of (Sub)leases and Rents referred to therein, in each case as amended, restated, supplemented or modified from time to time).

Clayton County Property” shall mean that certain property located at 1361 Southern Road, Morrow, Clayton County, Georgia, subject to the Clayton County Lease.

Co-Documentation Agents” shall mean ING Capital LLC and Barclays Bank PLC, acting together in their capacities as co-documentation agents.

Co-Managing Agents” shall mean Royal Bank of Canada and The PrivateBank and Trust Company, acting together in their capacities as co-managing agents.

Collateral” shall have the meaning ascribed to the term “Collateral” or “Pledged Collateral” under the respective Security Documents and shall include any and all property and assets from time to time subject to or intended to be subject to the Lien created pursuant to the Security Documents.

Collateral Agent” shall have the meaning given to that term in Section 7.01(a).

Commitment Fee Percentage” shall mean 0.50% per annum.

Commitment Fees” shall have the meaning given to that term in Section 2.05(b).

Commitment Letter” shall mean the Commitment Letter dated February 4, 2008, and entered into by and among Rabobank, CBII and the Borrower.

 

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Commitments” shall mean the Revolving Loan Commitments and the Term Loan Commitments and “Commitment” shall mean the Revolving Loan Commitment and the Term Loan Commitment of any Lender.

Communications” shall have the meaning given to that term in Section 8.01(c)(i).

Compliance Certificate” shall have the meaning given to that term in Section 5.01(a)(iii).

Computation Date” shall have the meaning given to that term in Section 2.02(k).

Conduit Lender” shall mean any special purpose corporation organized and administered by any Lender for the purpose of making Loans otherwise required to be made by such Lender and designated by such Lender in a written instrument; provided that the designation by any Lender of a Conduit Lender shall not relieve the designating Lender of any of its obligations to fund a Loan under this Agreement if, for any reason, its Conduit Lender fails to fund any such Loan, and the designating Lender (and not the Conduit Lender) shall have the sole right and responsibility to deliver all consents and waivers required or requested under this Agreement with respect to its Conduit Lender, and provided, further, that no Conduit Lender shall (a) be entitled to receive any greater amount pursuant to this Agreement than the designating Lender would have been entitled to receive in respect of the extensions of credit made by such Conduit Lender or (b) be deemed to have any Commitment.

Consolidated” shall mean, as the context may require, the consolidation of the accounts of the Borrower Entities or the CBII Entities, in each case in accordance with GAAP.

Consolidated Adjusted Leverage Ratio” shall mean the ratio of (a) Consolidated Funded Debt, as of the end of any fiscal quarter, to (b) Consolidated EBITDA for the four fiscal quarter period ended as of the end of such fiscal quarter.

Consolidated EBITDA” shall mean EBITDA in respect of the CBII Entities on a consolidated basis.

Consolidated Funded Debt” shall mean Funded Debt in respect of the CBII Entities on a consolidated basis, minus the outstanding principal amount of the Indebtedness incurred under the Convertible Notes Indenture.

Container Assets” shall mean refrigerated and unrefrigerated containers, chassis and generator assets used by any of the CBII Entities to transport products.

Contingent Obligation” shall mean, with respect to any Person, (a) any Guarantee given by that Person and (b) any direct or indirect obligation or liability, contingent or otherwise, of that Person (i) in respect of any Surety Instrument issued for the account of that Person or as to which that Person is otherwise liable for reimbursement of drawings or payments, (ii) as a general partner or joint venturer with liability in any partnership or joint venture, (iii) to purchase any materials, supplies or other property from, or to obtain the services of, another Person if the relevant contract or other related document or obligation requires that payment for such materials, supplies or other property, or for such services, shall be made regardless of whether

 

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delivery of such materials, supplies or other property is ever made or tendered, or such services are ever performed or tendered or (iv) in respect of any Rate Contract that is not entered into in connection with a bona fide hedging operation that provides offsetting benefits to such Person or, in the case of a Borrower Entity, to one or more of the Borrower Entities. The amount of any Contingent Obligation (other than a Guarantee) shall be deemed equal to the probable liability in respect thereof, and shall, with respect to clause (b)(iv) above, be marked to market on a current basis.

Contractual Obligation” of any Person shall mean any indenture, note, lease, loan agreement, security, deed of trust, trust deed, deed to secure debt, mortgage, security agreement, Guarantee, instrument, contract, agreement or other form of contractual obligation or undertaking to which such Person is a party or by which such Person or any of its property is bound.

Convertible Notes” shall mean the 4.25% Convertible Senior Notes due 2016 of CBII.

Convertible Notes Documents” shall mean the Convertible Notes Indenture and all other agreements, instruments and other documents pursuant to which any Convertible Notes are issued, in each case as amended, restated, supplemented or modified from time to time to the extent permitted under the Credit Documents.

Convertible Notes Indenture” shall mean that certain Indenture dated as of February 1, 2008, between CBII, as issuer, and LaSalle Bank National Association, as trustee, and the First Supplemental Indenture thereto, dated as of February 12, 2008, in respect of the Convertible Notes, as further amended, restated, supplemented or modified from time to time to the extent permitted under the Credit Documents.

Copyright Security Agreements” shall mean the Copyright Security Agreements executed and delivered by the Grantors party thereto from time to time, as the same may be amended, restated, supplemented or modified from time to time, and substantially in the form of Exhibit M.

Credit Documents” shall mean this Agreement, the Notes, each Guarantee Agreement, the Security Documents, each Letter of Credit Application, each Notice of Borrowing, each Notice of Interest Period Selection, each Notice of Conversion, the Fee Letter and the Post Effective Date Requirements Letter Agreement, including any consents or waivers, as the same may be amended, restated, supplemented or modified from time to time. For the avoidance of doubt, Lender Rate Contracts shall not qualify as Credit Documents for the purposes of this Agreement or any other Credit Document or any Obligations in connection therewith; provided, however, that obligations owing to Secured Parties under Lender Rate Contracts shall constitute Secured Obligations and shall be secured to the extent provided in this Agreement.

Credit Event” shall mean the making of any Loan (including a Swing Line Loan), the making of an L/C Credit Extension or the increase of the Revolving Loan Commitment in accordance with Section 2.16.

Current Assets” of any Person shall mean all assets of such Person that would, in accordance with GAAP, be classified as current assets of a company conducting a business the

 

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same as or similar to that of such Person, after deducting adequate reserves in each case in which a reserve is proper in accordance with GAAP.

Current Liabilities” of any Person shall mean (a) all Indebtedness of such Person that by its terms is payable on demand or matures within one year after the date of determination (excluding any Indebtedness renewable or extendible, at the option of such Person, to a date more than one year from such date or arising under a revolving credit or similar agreement that obligates the lender or lenders to extend credit during a period of more than one year from such date) and (b) all other items (including taxes accrued as estimated) that in accordance with GAAP would be classified as current liabilities of such Person.

De Minimis US Subsidiaries” shall mean all direct or indirect Subsidiaries of the Borrower which are organized under the laws of the US or any state thereof and which as of the end of the most recent fiscal year do not have annual revenue or assets in excess of $5,000,000 individually and $50,000,000 in the aggregate (excluding those Subsidiaries that have been designated by the Borrower as a US Subsidiary pursuant to Section 5.01(i)(ii)).

Debtor Relief Laws” shall mean the Bankruptcy Code, and all other applicable liquidation, conservatorship, bankruptcy, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief Governmental Rules from time to time in effect affecting the rights of creditors generally.

Default” shall mean an Event of Default or any event or circumstance not yet constituting an Event of Default which, with the giving of any notice or the lapse of any period of time or both, would become an Event of Default.

Default Rate” shall have the meaning given to that term in Section 2.07(d).

Defaulting Lender” shall mean a Lender which has failed to fund its portion of any Borrowing which it is required to fund under this Agreement and has continued in such failure for three Business Days after written notice from the Administrative Agent.

Designated Non-US Currency Market” shall mean, with respect to any Non-US Currency Letter of Credit, the Non-US Currency Market designated by the Administrative Agent as appropriate for such Non-US Currency Letter of Credit.

Distributions” shall mean dividends (in cash, property or obligations) on, or other payments or distributions on account of, or the setting apart of money for a sinking or other analogous fund for, any Equity Securities of any Person, or the purchase, redemption, retirement or other acquisition of, any Equity Securities of any CBII Entity (other than a Borrower Entity) by a Borrower Entity or of any warrants, options or other rights to acquire the same, but excluding dividends payable solely in shares of common stock of any Borrower Entity to any other Borrower Entity or payable solely in shares of common stock of CBII.

DOJ Liability” shall mean the fine in an aggregate amount equal to $25,000,000 plus interest thereon to be paid by CBII in five annual installments to the US, commencing September, 2007, resulting from the investigation by the U.S. Department of Justice into certain payments made by a former Colombian subsidiary of CBII and related matters.

 

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Dollars” and “$” shall mean the lawful currency of the US and, in relation to any payment under this Agreement, same day or immediately available funds.

Due Inquiry” shall mean any and all inquiry, investigation and analysis which a prudent Person would undertake and complete with diligence with the intent of coming to a reasonable understanding of facts or circumstances, and shall include, where appropriate, a review of relevant records in such Person’s possession and inquiry of appropriate employees, officers and directors, and shall mean such inquiry, investigation, and analysis has occurred as of the Effective Date and as of the date of each supplement provided pursuant to Section 5.01(a) or 5.01(k).

EBITDA” shall mean, for any period, Net Income for such period of a Person and its Subsidiaries determined on a consolidated basis in accordance with GAAP plus, without duplication, and to the extent deducted in determining such Net Income for such period, the sum of the following for such period: (a) Interest Expense, net of interest income, for such period; (b) income tax expense for such period; (c) depreciation and amortization expense for such period; (d) extraordinary items of non-cash loss for such period; (e) non-cash writedowns, including any non-cash asset impairment charges under SFAS No. 142 or SFAS No. 144; (f) for any period subsequent to September 30, 2006, but prior to September 30, 2007, costs incurred related to restoring consumer confidence in spinach and packaged salad products in an aggregate amount of $6,000,000; and (g) non-cash stock based compensation expense, and minus, without duplication, and to the extent added in determining such Net Income for such period, the aggregate amount of extraordinary items of income. Pro forma credit shall be given for any acquired Person’s EBITDA or the identifiable EBITDA of identifiable business units or operations acquired during such period calculated in a similar fashion (so long as such acquisition was permitted by this Agreement) as if owned on the first day of the applicable period; and any Person or identifiable business units or operations sold, transferred or otherwise disposed of during such period will be treated as if not owned during the entire applicable period. When calculating EBITDA for purposes of determining compliance with the terms and covenants of this Agreement, EBITDA shall be calculated without giving effect to (i) the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (87/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom, (ii) any costs or expenses incurred by any of the CBII Entities in connection with the consent solicitation for the Senior Notes (7 1/2%), (iii) any after-tax income or loss from discontinued operations to the extent established on or before the Effective Date in accordance with GAAP and (iv) any costs and expenses incurred by any of the Borrower Entities in connection with any Permitted Acquisition, in an aggregate amount for all Permitted Acquisitions not to exceed $10,000,000.

Effective Amount” shall mean (a) with respect to Revolving Loans and Swing Line Loans on any date, the aggregate outstanding principal amount thereof after giving effect to (i) any borrowings and prepayments or repayments of Revolving Loans and Swing Line Loans and (ii) with respect to Swing Line Loans, any risk participation amongst the Revolving Lenders, as the case may be, occurring on such date and (b) with respect to any L/C Obligations on any date, the amount of such L/C Obligations on such date after giving effect to any L/C Credit

 

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Extension occurring on such date and any other changes in the aggregate amount of the L/C Obligations as of such date (provided that in the case of any Non-US Currency Letter of Credit or Non-US Currency Unreimbursed Amount, the calculation shall be based on the US Currency Equivalent of the amount of such Non-US Currency L/C Obligations on the Non-US Currency Business Day preceding such date), including as a result of any reimbursements of outstanding unpaid drawings under any Letters of Credit or any reductions in the maximum amount available for drawing under Letters of Credit taking effect on such date.

Effective Date” shall mean the earlier of (a) the time and Business Day on which the consummation of all conditions precedent contemplated in Section 3.01 shall have been fulfilled and the Administrative Agent shall have notified the Borrower and Lenders of the Administrative Agent’s satisfaction that such conditions have been met and (b) the date on which (i) a Credit Event shall have occurred and (ii) the Administrative Agent, CBII and the Borrower shall have entered into a post-Effective Date requirements letter agreement (“Post Effective Date Requirements Letter Agreement”) setting forth the terms and dates for post-Effective Date compliance with unfulfilled conditions precedent contemplated in Section 3.01 in respect of Collateral delivery (free from adverse claims) and perfection matters relating to certain Non-US Subsidiaries and Non-US jurisdictions and certain other matters as specified therein; provided that the Administrative Agent may condition the occurrence of any one or all subsequent Credit Events on satisfaction of the terms of the Post Effective Date Requirements Letter Agreement.

Eligible Assignee” shall mean a Person which is (a) a commercial bank organized under the laws of the US, or any state thereof, and, to the extent such Person is or pursuant to the contemplated Assignment shall become a Revolving Lender, having a combined capital and surplus of at least $500,000,000, (b) a commercial bank organized under the laws of any other country which is a member of the Organization for Economic Cooperation and Development (the “OECD”), or a political subdivision of any such country, and, to the extent such Person is or pursuant to the contemplated Assignment shall become a Revolving Lender, having a combined capital and surplus of at least $500,000,000; provided that such bank is acting through a branch or agency located in the country in which it is organized or another country which is also a member of the OECD, (c) a Person that is primarily engaged in the business of commercial banking and that is (i) a Subsidiary of a Lender, (ii) a Subsidiary of a Person of which a Lender is a Subsidiary or (iii) a Person of which a Lender is a Subsidiary, (d) any (i) savings bank, savings and loan association, or financial institution or (ii) insurance company engaged in the business of writing insurance, which bank, association, institution or company, in any case (A) to the extent such Person is or pursuant to the contemplated Assignment shall become a Revolving Lender, has a combined capital and surplus of at least $500,000,000, (B) is engaged in the business of lending money and extending credit under credit facilities substantially similar to those extended under this Agreement and (C) is operationally and procedurally able to meet the obligations of a Lender hereunder to the same degree as a commercial bank, (e) an Approved Fund or (f) any other Person (other than an individual) approved by (A) the Administrative Agent, (B) in the case of an assignment of a Revolving Loan Commitment, the L/C Issuer and the Swing Line Lender and (C) unless an Event of Default has occurred and is continuing, the Borrower (each such approval not to be unreasonably withheld or delayed); provided, that no CBII Entity shall be an Eligible Assignee.

 

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Employee Benefit Plan” shall mean any employee benefit plan within the meaning of Section 3(3) of ERISA maintained or contributed to by the Borrower or any ERISA Affiliate, other than a Multiemployer Plan.

Environmental Damages” shall mean all claims, judgments, damages, losses, penalties, liabilities (including strict liability), costs and expenses, including costs of investigation, remediation, defense, settlement and attorneys’ fees and consultants’ fees, that are incurred at any time (a) as a result of the existence of any Hazardous Material upon, about or beneath any real property owned by the Significant Parties or migrating or threatening to migrate to or from any such real property, (b) arising from any investigation, proceeding or remediation of any location at which the Significant Parties or any predecessors have directly or indirectly disposed of Hazardous Materials, (c) arising in any manner whatsoever out of any violation of Environmental Laws by the CBII Entities or with respect to any real property owned by the CBII Entities or (d) arising from any exposure or alleged exposure of any Hazardous Materials.

Environmental Laws” shall mean the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (including the Superfund Amendments and Reauthorization Act of 1986, “CERCLA”), 42 U.S.C. Section 9601 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Mine Safety and Health Act of 1977, 30 U.S.C. Section 801 et seq.; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; and all other Governmental Rules relating to the protection of human health and safety and the environment, including all Governmental Rules pertaining to the reporting, licensing, permitting, transportation, storage, disposal, investigation or remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials into the air, surface water, groundwater, or land; or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transportation or handling of Hazardous Materials.

Equity Securities” of any Person shall mean (a) all common stock, preferred stock, participations, shares, partnership interests, limited liability company interests or other equity or similar interests in and of such Person (regardless of how designated and whether or not voting or non-voting) and (b) all warrants, options and other rights to acquire any of the foregoing (but excluding in all cases any debt security that is convertible into, or exchangeable for, such Equity Securities).

ERISA” shall mean the Employee Retirement Income Security Act of 1974.

ERISA Affiliate” shall mean any Person which is treated as a single employer with any Significant Party under Section 414 of the IRC.

ERISA Event” shall mean (a) a Reportable Event with respect to a Pension Plan, (b) a withdrawal by any Significant Party or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a “substantial employer” (as defined in Section 4001(a)(2) of ERISA) or a substantial cessation of operations at a facility that is

 

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treated as such a withdrawal under Section 4062(e) of ERISA which could reasonably be expected to give rise to any liability on account of such withdrawal, (c) a complete or partial withdrawal by the Borrower or any ERISA Affiliate from a Multiemployer Plan or notification that a Multiemployer Plan is in reorganization (within the meaning of Section 4241 of ERISA), (d) the filing of a notice of intent to terminate, the treatment of a Pension Plan or Multiemployer Plan amendment as a termination under Sections 4041 or 4041A of ERISA, or the commencement of proceedings by the Borrower or any ERISA Affiliate to terminate a Pension Plan to completely or partially withdraw from a Multiemployer Plan, (e) the receipt of notice of an application by the PBGC to institute proceedings under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan, or the receipt by the Borrower or any ERISA Affiliate of a notice from a Multiemployer Plan that such action has been taken by the PBGC with respect to such Multiemployer Plan or (f) the imposition of any liability under Title IV of ERISA, other than PBGC premiums due but not delinquent under Section 4007 of ERISA, upon the Borrower or any ERISA Affiliate.

Euro-Dollar Lending Office” shall mean, with respect to any Lender, (a) initially, its office designated as such to the Administrative Agent (or, in the case of any Lender which becomes a Lender by an assignment pursuant to Section 8.05(c), its office designated as such in the applicable Assignment Agreement) and (b) subsequently, such other office or offices as such Lender may designate to the Administrative Agent as the office at which such Lender’s LIBOR Loans will thereafter be maintained and for the account of which all payments of principal of, and interest on, such Lender’s LIBOR Loans will thereafter be made.

Event of Default” shall have the meaning given to that term in Section 6.01.

Evergreen Letter of Credit” shall have the meaning given to that term in Section 2.02(b)(iii).

Excess Cash Flow” shall mean, for any period,

(a) the sum of (without duplication):

(i) Consolidated net income (or loss) of the CBII Entities for such period calculated in accordance with GAAP plus

(ii) the aggregate amount of all non-cash charges deducted in arriving at such Consolidated net income (or loss), but excluding non-cash expenses to the extent they represent an accrual or reserve for cash payments in any future period plus

(iii) if there was a net increase in Consolidated Current Liabilities of the CBII Entities during such period, the amount of such net increase plus

(iv) if there was a net decrease in Consolidated Current Assets (excluding cash and Temporary Cash Investments) of the CBII Entities during such period, the amount of such net decrease plus

(v) any Capex Carryover from a prior period permitted to be used for Capital Expenditures during such period to the extent not so used during such period less

 

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(b) the sum of (without duplication):

(i) the aggregate amount of all non-cash credits included in arriving at such Consolidated net income (or loss) (other than non-cash credits that were accrued in the ordinary course of business) plus

(ii) if there was a net decrease in Consolidated Current Liabilities of the CBII Entities during such period, the amount of such net decrease plus

(iii) if there was a net increase in Consolidated Current Assets (excluding cash and Temporary Cash Investments) of the CBII Entities during such period, the amount of such net increase plus

(iv) the aggregate amount of Capital Expenditures of the CBII Entities paid in cash during such period solely to the extent permitted by this Agreement plus

(v) the aggregate amount of all regularly scheduled principal payments of Funded Debt of the CBII Entities made during such period plus

(vi) the aggregate principal amount of all optional prepayments of Funded Debt of the CBII Entities (other than Funded Debt that is revolving in nature and available to be reborrowed) made during such period plus

(vii) the aggregate principal amount of all commitment reductions in the Revolving Loan Facility made during such period plus

(viii) the aggregate principal amount of all mandatory prepayments of the Term Loan Facility made during such period pursuant to Section 2.06(c) plus

(ix) the Capex Carryover for such period plus

(x) the aggregate amount of Distributions made by the Borrower to CBII in respect of the Borrower’s Equity Securities to the extent such Distributions are permitted to be made pursuant to Section 5.02(f) but excluding Distributions made to reimburse CBII for CBII Overhead Expenses already deducted in calculating the Consolidated net income of the CBII Entities and Distributions to CBII used by CBII to make payments in respect of Funded Debt included in clauses (b)(v) and (b)(vi) above.

Exchange Act” shall mean the Securities Exchange Act of 1934.

Exchange Act Person” shall have the meaning given to “Person” in Sections 13(d) and 14(d) of the Exchange Act.

Executive Order 13224” shall mean executive Order 13224 on Terrorist Financing, effective September 24, 2001.

Existing Credit Agreement” shall mean that certain amended and restated credit agreement dated as of June 28, 2005, with the lenders party thereto, Wachovia Bank, National

 

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Association, as administrative agent for such lenders, as swing line lender and as letter of credit issuer, Wells Fargo, as a letter of credit issuer, Wachovia Capital Markets, LLC, as a co-lead arranger, Morgan Stanley Senior Funding, Inc., as syndication agent and a co-lead arranger, and Goldman Sachs Credit Partners L.P., as documentation agent, as amended prior to the date hereof.

Existing Indebtedness” shall mean Indebtedness of each Loan Party and its Subsidiaries outstanding immediately before the occurrence of the Effective Date.

Existing Swap Counterparties” shall mean those Lenders (as defined in the Existing Credit Agreement) and Affiliates thereof that are parties to Lender Rate Contracts (as defined in the Existing Credit Agreement) dated prior to the Effective Date, in each case as more particularly described on Schedule V.

Exportadora Chile” shall mean Exportadora Chiquita-Enza Chile Limitada, a Chilean limitada.

Extraordinary Receipt” shall mean any cash received by or paid to or for the account of any Person not in the ordinary course of business, including tax refunds received in connection with or as a result of any settlement or audit that are in excess of $1,000,000 in any fiscal year, pension plan reversions, proceeds of insurance (including any key man life insurance but excluding proceeds of business interruption insurance to the extent such proceeds constitute compensation for lost earnings), condemnation awards (and payments in lieu thereof), indemnity payments and any purchase price adjustment received in connection with any purchase agreement.

Facility” shall mean the Term Loan Facility, the Revolving Loan Facility, the Letter of Credit Sublimit or the Swing Line Sublimit.

Fair Market Value” shall mean the price that would be paid in an arm’s-length transaction between an informed and willing seller under no compulsion to sell and an informed and willing buyer under no compulsion to buy.

Federal Funds Rate” shall mean, for any day, the rate per annum (rounded upwards to the nearest 1/100 of 1%) equal to the weighted average of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers on such day, as published by the Federal Reserve Bank of New York on the Business Day next succeeding such day; provided that (a) if such day is not a Business Day, the Federal Funds Rate for such day shall be such rate on such transactions on the next preceding Business Day as so published on the next succeeding Business Day and (b) if no such rate is so published on such next succeeding Business Day, the Federal Funds Rate for such day shall be the average rate charged to Rabobank on such day on such transactions as determined by the Administrative Agent.

Federal Reserve Board” shall mean the Board of Governors of the Federal Reserve System.

 

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Fee Letter” shall mean the Fee Letter dated the date hereof and entered into by and between the Borrower and Rabobank.

Financial Covenants” shall mean, collectively, the Borrower Leverage Ratio, the Fixed Charge Coverage Ratio and the Maximum Capital Expenditures covenants set forth in Sections 5.03(a), (b) and (c), respectively.

Financial Statements” shall mean, with respect to any accounting period for any Person, statements of income and cash flows of such Person for such period, and a balance sheet of such Person as of the end of such period setting forth in each case in comparative form figures for the corresponding period in the preceding fiscal year, all prepared in reasonable detail in accordance with GAAP, except that interim Financial Statements may omit footnotes, statement of shareholders’ equity and year-end adjustments.

Fixed Charge Coverage Ratio” shall mean, as at any date of determination, (a) Borrower EBITDA for the four fiscal quarter period ended as of the close of the most recently ended fiscal quarter, plus (i) net lease expense of the Borrower Entities for such period and (ii) net rent expense of the Borrower Entities for such period, divided by (b) Fixed Charges for the four fiscal quarter period ended as of the close of the most recently ended fiscal quarter. Anything contained herein to the contrary notwithstanding, the calculation of “net lease expense”, “net rent expense” and “Fixed Charges” shall exclude that portion of any lease or rent expense arising under any timecharter or spot charter of ocean-going vessels to the extent reasonably determined by the Borrower to be attributable to expenses related to the operation of such vessel and not to the lease or rental of the vessel itself.

Fixed Charges” shall mean, for any period, the sum, for the Borrower Entities (determined on a consolidated basis without duplication in accordance with GAAP), of the following items: (a) cash Interest Expense, net of cash interest income, for such period (excluding the amortization of any expenses incurred by any of the Borrower Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (87/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom); plus (b) net lease expense; plus (c) net rent expense; plus (d) Distributions and dividends, or cash advances or any other funds, however characterized, paid by any Borrower Entity to CBII pursuant to Section 5.02(f)(ii)(B) or Section 5.02(f)(ii)(D). Pro forma effect shall be given, in respect of the acquisition of a Person or identifiable business units or operations permitted by this Agreement, to any Indebtedness incurred to finance such acquisition as if owed on the first day of the applicable period during which such acquisition was made.

Food-Related Businesses” shall mean businesses or operations involving food or food products, including any business related, ancillary or complementary thereto; provided that, if in the case of any business acquired or joint venture entered into by any of the CBII Entities after the Effective Date, such business or joint venture is primarily engaged in one or more Food-Related Businesses, then such acquired business or joint venture shall be deemed to be engaged in Food-Related Businesses.

 

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Fund” shall mean any Person (other than an individual) that is or will be engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its business.

Funded Debt” shall mean all of the following, without duplication, of any Person and its Subsidiaries on a consolidated basis: (a) all indebtedness for borrowed money (including that evidenced by senior or subordinated debts or notes); (b) the unpaid principal balance of Capital Lease obligations as presented on a balance sheet in accordance with GAAP; (c) the undrawn balance of issued and outstanding letters of credit and the aggregate amount of unreimbursed drawings under letters of credit; (d) the aggregate amount of Synthetic Lease Principal Components or similar arrangements; (e) the principal portion of obligations (i) in respect of the deferred purchase price of property or services (other than trade accounts payable) or (ii) under conditional sale or other title retention agreements relating to property purchased by such Person (other than customary reservations or retentions of title under agreements with suppliers, and in either case entered into in the ordinary course of business and not exceeding 90 days (180 days for up to $12,000,000 in the aggregate outstanding at any one time for seasonal arrangements)); (f) preferred stock or other Equity Securities providing for mandatory redemptions, sinking fund or like payments prior to the Termination Date; (g) Funded Debt of any partnership or joint venture (other than a partnership or joint venture that is itself a corporation, limited liability company, or such other entity providing equivalent protection from pass through liability, or such Funded Debt is expressly made non-recourse to such Person); (h) obligations owing in connection with any on or off balance sheet financing of receivables (whether or not reflected on a balance sheet of such Person and its Subsidiaries prepared in accordance with GAAP) involving any CBII Entity; and (i) Guarantees by the specified Person or its Subsidiaries of the kind of Indebtedness described in clauses (a) through (h) above, other than reimbursement obligations with respect to Guarantees provided by financial institutions to Guarantee the payment of Governmental Charges or other regulatory obligations in the normal course of business. Additionally, the term “Funded Debt” includes all Funded Debt of others secured by a Lien on any asset of the specified Person (whether or not such Funded Debt is assumed by the specified Person) (the amount of such Funded Debt as of any date being deemed to be the lesser of the value of such property or assets as of such date or the principal amount of such Funded Debt of such other Person) and, to the extent not otherwise included, the Guarantee by such Person of any Funded Debt of any other Person; but the term “Funded Debt” excludes bonds in respect of workers’ compensation, provided no Default exists or is continuing.

GAAP” shall mean generally accepted accounting principles in the US as in effect from time to time (including those set forth in the opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board or in such other statements by such other entity as approved by a significant segment of the accounting profession), consistently applied.

German Share Pledge Agreements” shall mean, collectively, (a) the Share Pledge Agreement duly executed by “Hameico” Fruit Trade GmbH acting as pledgor with respect to the pledge of shares in Atlanta AG in favor of the Secured Parties, (b) the Share Pledge Agreement duly executed by “Hameico” Fruit Trade GmbH acting as pledgor with respect to the pledge of shares in Chiquita Deutschland GmbH in favor of the Secured Parties and (c) the Share Pledge

 

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Agreement duly executed by CBCBV and American Produce Company acting as pledgors with respect to the pledge of shares in “Hameico” Fruit Trade GmbH in favor of the Secured Parties.

Governmental Authority” shall mean any US or Non-US national, state or local government, any political subdivision thereof, any department, agency, authority or bureau of any of the foregoing, or any other entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Comptroller of the Currency, any central bank or any comparable authority.

Governmental Authorization” shall mean any permit, license, registration, approval, finding of suitability, authorization, plan, directive, order, consent, exemption, waiver, consent order or consent decree of or from, or notice to, action by or filing with, any Governmental Authority.

Governmental Charges” shall mean, with respect to any Person, all levies, assessments, licenses, fees, duties, claims or other charges imposed by any Governmental Authority upon such Person or any of its property or otherwise payable by such Person.

Governmental Rule” shall mean any law, rule, regulation, ordinance, order, code, interpretation, judgment, decree, directive, guidelines, policy or similar form of decision of any Governmental Authority.

Grantors” shall mean (a) the Borrower, (b) CBII, (c) the entities listed on Part I of Schedule I and (d) US Subsidiaries formed, acquired or becoming US Subsidiaries after the Effective Date.

Guarantee” shall mean any obligation, contingent or otherwise, of any Person directly or indirectly guaranteeing any Indebtedness of any other Person and, without limiting the generality of the foregoing, any obligation, direct or indirect, contingent or otherwise, of such Person (a) to purchase or pay (or advance or supply funds for the purchase or payment of) such Indebtedness of such other Person (whether arising by virtue of partnership arrangements, or by agreements to keep-well, to purchase assets, goods, securities or services (unless such purchase arrangements are on arm’s-length terms and are entered into in the ordinary course of business), to take-or-pay, or to maintain Financial Statement conditions or otherwise) or (b) entered into for purposes of assuring in any other manner the obligee of such Indebtedness of the payment thereof or to protect such obligee against loss in respect thereof (in whole or in part); provided that the term “Guarantee” shall not include endorsements for collection or deposit in the ordinary course of business. The amount of any Guarantee shall be deemed equal to the lesser of the stated or determinable amount of the primary obligation or the maximum liability of the guarantor thereunder in respect thereof. The term “Guarantee” used as a verb has a corresponding meaning.

Guarantee Agreements” shall mean, collectively, the Parent Guarantee Agreement and each Subsidiary Guarantee Agreement.

Guarantors” shall mean, collectively, the Parent Guarantor and the Subsidiary Guarantors.

 

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GWF” shall mean Great White Fleet, Ltd., a Bermuda company.

Hazardous Materials” shall mean all pollutants, contaminants and other materials, substances and wastes which are hazardous, toxic, caustic, harmful or dangerous to human health or the environment, including petroleum and petroleum products and byproducts, radioactive materials, asbestos, polychlorinated biphenyls and all materials, substances and wastes which are classified or regulated as “hazardous”, “toxic” or similar descriptions under any Environmental Law.

Hedging Obligations” shall mean, with respect to any Person, the obligations of such Person under any Rate Contract.

Honor Date” shall have the meaning given to that term in Section 2.02(c)(i).

ICC” shall have the meaning given to that term in Section 2.02(h).

Increased Revolving Loan Commitment” shall have the meaning given to that term in Section 2.16(a)(ii).

Indebtedness” shall mean, with respect to any specified Person, any indebtedness of such Person, contingent or otherwise, in respect of Funded Debt.

Indemnitees” shall have the meaning given to that term in Section 8.03.

Initial Lenders” shall have the meaning given to that term in the introductory paragraph hereof.

Intellectual Property Security Agreements” shall mean, collectively, the Copyright Security Agreements, the Patent Security Agreements, and the Trademark Security Agreements.

Interest Expense” shall mean, for any period, interest expense for a Person and its Subsidiaries (determined on a consolidated basis without duplication in accordance with GAAP).

Interest Period” shall mean, with respect to any LIBOR Loan, the time periods selected by the Borrower pursuant to Section 2.01(h) which commence on the first day of such Loan or the effective date of any conversion and end on the last day of such time period, and thereafter, each subsequent time period selected by the Borrower pursuant to Section 2.01(g) which commences at the end of the last day of the immediately preceding time period and ends on the last day of that time period.

Investment” shall mean, with respect to any Person, all investments by such Person in other Persons in the form of direct or indirect loans (including Guarantees of Indebtedness or other obligations), advances or capital contributions and purchases or other acquisitions for consideration of Indebtedness, Equity Securities or other securities (including Equity Securities or other securities of CBII).

IP” shall mean all property and assets of the nature covered by the Intellectual Property Security Agreements.

 

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IRC” shall mean the Internal Revenue Code of 1986, as amended.

Joinder Agreement” shall have the meaning given to that term in Section 5.01(i)(ii).

Key Assets” shall mean all or a material portion of the Principal Trademarks.

Landec” shall mean Landec Corporation, a California corporation.

Latin American Subsidiaries” shall mean all direct or indirect Subsidiaries of CBII which are organized in any of the following jurisdictions: Bahamas, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, and Venezuela.

L/C Advance” shall mean, with respect to each Revolving Lender, such Revolving Lender’s participation in any L/C Borrowing in accordance with its Revolving Proportionate Share.

L/C Borrowing” shall mean an extension of credit resulting from a drawing under any Letter of Credit which has not been reimbursed on the date when made or refinanced as a Revolving Loan Borrowing.

L/C Credit Extension” shall mean, with respect to any Letter of Credit, the issuance thereof or extension of the expiry date thereof, or the renewal or increase of the amount thereof.

L/C Issuer” shall mean Rabobank in its capacity as issuer of Letters of Credit hereunder, or any successor issuer of Letters of Credit hereunder.

L/C Obligations” shall mean, as at any date of determination, the US Currency Equivalent of the aggregate undrawn face amount of all outstanding Letters of Credit at such date plus the aggregate of all Unreimbursed Amounts, including all L/C Borrowings, at such date.

Lender Addendum” shall mean, with respect to any Lender as of the Effective Date, a Lender Addendum, substantially in the form of Exhibit R, executed and delivered by such Lender on the Effective Date as provided in Section 8.17.

Lead Arranger” shall mean Rabobank, acting in its capacity as lead arranger.

Lender Rate Contract Obligations” shall mean all liabilities and obligations, however arising, owed by a Borrower Entity to any Lender or any other Secured Party of every kind and description, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising pursuant to the terms of any Lender Rate Contracts.

Lender Rate Contracts” shall mean one or more Rate Contracts (whether or not in respect to the Indebtedness evidenced by this Agreement) between one or more of the Borrower Entities and one or more of the Secured Parties on terms agreed to between such Borrower Entity and any such Secured Party. Each Lender Rate Contract shall be secured by the Liens created by the Security Documents to the extent set forth in Section 2.14(b).

 

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Lenders” shall mean the Initial Lenders and each Person that shall become a Lender hereunder pursuant to Section 8.05 for as long as such Initial Lender or Person, as the case may be, shall be a party to this Agreement.

Letter of Credit” shall mean any letter of credit issued hereunder. A Letter of Credit may be a commercial letter of credit or a standby letter of credit.

Letter of Credit Application” shall mean an application and agreement for the issuance or amendment of a letter of credit in the form from time to time in use by the L/C Issuer.

Letter of Credit Expiration Date” shall mean the day that is 30 days prior to the Maturity Date (or, if such day is not a Business Day, the preceding Business Day).

Letter of Credit Fee Percentage” shall mean, with respect to any Letter of Credit, the per annum percentage calculated as described in the definition of Applicable Margin.

Letter of Credit Sublimit” shall mean an amount equal to the lesser of the Revolving Loan Facility and $100,000,000. The Letter of Credit Sublimit is part of, and not in addition to, the Revolving Loan Facility.

LIBOR Loan” shall mean, at any time, a Loan which then bears interest as provided in Section 2.01(d)(ii).

LIBOR Rate” shall mean, with respect to any Interest Period for the LIBOR Loans in any Borrowing consisting of LIBOR Loans, a rate per annum equal to the quotient (rounded upward if necessary to the nearest 1/16 of 1%) of (a) the rate per annum appearing on Bloomberg L.P. Page BBAM1/(Official BBA USD Dollar Libor Fixings) (or such other display screen as may replace such page or any successor publication) on the second Business Day prior to the first day of such Interest Period at or about 11:00 a.m. (London time) (or as soon thereafter as practicable) (for delivery on the first day of such Interest Period) for a term equal to such Interest Period and in an amount approximately equal to the amount of the Loan to be made or funded by the Administrative Agent, on behalf of the Lenders, as part of such Borrowing, divided by (b) one minus the Reserve Requirement for such Loans in effect from time to time. If for any reason rates are not available as provided in clause (a) of the preceding sentence, the rate to be used in clause (a) shall be (in each case, rounded upward if necessary to the nearest 1/16 of 1%), (i) the rate per annum at which Dollar deposits are offered to Rabobank in the London interbank eurodollar currency market or (ii) the rate at which Dollar deposits are offered to Rabobank in, or by Rabobank to major banks in, any offshore interbank eurodollar market selected by Rabobank, in each case on the second Business Day prior to the commencement of such Interest Period at or about 11:00 a.m. (for delivery on the first day of such Interest Period) for a term equal to such Interest Period and in an amount approximately equal to the amount of the Loan to be made or funded by the Administrative Agent, on behalf of the Lenders, as part of such Borrowing. The LIBOR Rate shall be adjusted automatically as to all LIBOR Loans then outstanding as of the effective date of any change in the Reserve Requirement.

Lien” shall mean (a) any mortgage, deed of trust, trust deed, deed to secure debt, lien, pledge, security interest, conditional sale or other title retention agreement, charge or other security interest or encumbrance of any kind, whether or not filed, recorded or otherwise

 

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perfected under applicable law, including any conditional sale or other title retention agreement or any lease in the nature thereof, (b) any option or other agreement to sell or give a security interest therein, and (c) any authorized filing of, or agreement to file, any effective financing statement under the Uniform Commercial Code (or equivalent statutes of any jurisdiction).

Loan” shall mean a Revolving Loan, a Swing Line Loan or a Term Loan.

Loan Account” shall have the meaning given to that term in Section 2.08(a).

Loan Parties” shall mean the CBII Entities that execute or are required to execute this Agreement, a Security Agreement, a Pledge Agreement, any Intellectual Property Security Agreement, a Guarantee Agreement, any Mortgage, or any other Credit Document. For avoidance of doubt, the term “Loan Parties” does not include Pledged Persons that execute acknowledgments to the Pledge Agreements.

Margin Stock” shall have the meaning given to that term in Regulation U issued by the Federal Reserve Board.

Material Adverse Change” shall mean (a) a change in the business, operations, assets, liabilities or condition (financial or otherwise) of the CBII Entities, taken as a whole, or the Collateral, which in either case would materially and adversely affect the ability of the CBII Entities, taken as a whole, to perform their obligations under the Credit Documents or (b) a material adverse change in the rights and remedies of the Administrative Agent or any Lender thereunder.

Material Adverse Effect” shall mean (a) an effect on the business, operations, assets, liabilities or condition (financial or otherwise) of the CBII Entities, taken as a whole, or the Collateral, which in either case would materially and adversely affect the ability of the CBII Entities, taken as a whole, to perform their obligations under the Credit Documents or (b) a material adverse effect on the rights and remedies of the Administrative Agent or any Lender thereunder.

Material Documents” shall mean the articles of incorporation, certificate of incorporation, by-laws, limited liability company operating agreement, as applicable, and other organizational documents of the Significant Parties.

Maturity” or “maturity” shall mean, with respect to any Loan, interest, fee or other amount payable by the Borrower under this Agreement or the other Credit Documents, the date such Loan, interest, fee or other amount becomes due, whether upon the stated maturity or due date, upon acceleration or otherwise.

Maturity Date” shall mean March 31, 2014.

Meneu” shall mean Meneu Distribucion S.A., a company organized under the laws of Spain.

Mortgage Policies” shall have the meaning given to that term in Section 3.01(h)(ii).

 

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Mortgages” shall mean, collectively, (a) deeds of trust, trust deeds, deeds to secure debt and mortgages, in substantially the form of Exhibit Q-1 (with such changes as may be satisfactory to the Administrative Agent and its counsel to account for local law matters) and covering the Properties (together with the Assignments of Leases and Rents referred to therein, in each case as amended, restated, supplemented or modified from time to time), and (b) the Clayton County Leasehold Mortgage.

Multiemployer Plan” shall mean any multiemployer plan within the meaning of Section 4001(a)(3) of ERISA maintained or contributed to by the Borrower or any ERISA Affiliate.

Net Cash Proceeds” shall mean:

(a) with respect to any asset sale, the aggregate cash proceeds, Temporary Cash Investments and other cash equivalents received by or for the benefit of any of the CBII Entities (including any cash, Temporary Cash Investments and other cash equivalents received upon the sale or other disposition of any non-cash consideration received in any asset sale), net of the direct costs relating to such asset sale, including legal, accounting and investment banking fees, severance and similar obligations, and sales commissions, and any relocation expenses incurred as a result thereof, taxes paid or payable as a result thereof, in each case after taking into account any available tax credits or deductions, any tax sharing arrangements and any amounts used to repay Indebtedness (other than Indebtedness under the Credit Documents) secured by a Lien on the asset or assets that were the subject of such asset sale and appropriate amounts to be provided by any CBII Entity as a reserve against any liabilities associated with such asset sale, including pension and other post-employment benefit liabilities, liabilities related to Environmental Laws and liabilities under any indemnification obligations associated with such asset sale, all as determined in conformity with GAAP;

(b) with respect to the incurrence or issuance of any Indebtedness, the excess of (i) the sum of the cash, Temporary Cash Investments and other cash equivalents received in connection with such incurrence or issuance over (ii) the underwriting discounts and commissions or other similar payments, and other out-of-pocket costs, fees, commissions, premiums and expenses incurred in connection with such incurrence or issuance to the extent such amounts were not deducted in determining the amount referred to in clause (i) above;

(c) with respect to any issuance or sale of Equity Securities, the proceeds of such issuance or sale in the form of cash, Temporary Cash Investments and other cash equivalents, including payments in respect of deferred payment obligations (to the extent corresponding to the principal, but not interest, component thereof) when received in the form of cash, Temporary Cash Investments or other cash equivalents and proceeds from the conversion of other property received when converted to cash, Temporary Cash Investments or other cash equivalents , net of attorneys’ fees, accountants’ fees, underwriters’ or placement agents’ fees, discounts or commissions and brokerage, consultant and other fees incurred in connection with such issuance or sale and net of taxes paid or payable as a result thereof; and

(d) with respect to any Extraordinary Receipts that are not otherwise included in clause (a), (b) or (c) above, the sum of the cash, Temporary Cash Investments and other cash

 

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equivalents received in connection therewith, net of any Indebtedness (other than Indebtedness under the Credit Documents) secured by a Lien on the affected asset that is required to be prepaid with such Extraordinary Receipts and net of the direct costs relating to the event in respect of which the Extraordinary Receipts are received.

Net Income” shall mean with respect to any fiscal period, the net income of a Person determined in accordance with GAAP.

New York Non-US Currency Exchange Market” shall mean the interbank foreign exchange market where foreign currencies are bought and sold in New York City by financial institutions and brokers.

Nonrenewal Notice Date” shall have the meaning given to that term in Section 2.02(b)(iii).

Non-US” shall mean a jurisdiction other than and outside the US.

Non-US Currency” shall mean, with respect to a Non-US Currency Letter of Credit or any reimbursement made or to be made with respect to such Non-US Currency Letter of Credit, the currency applicable to that Non-US Currency Letter of Credit.

Non-US Currency Business Day” shall mean any Business Day on which dealings in deposits in the applicable Non-US Currency are conducted by and among banks in the Designated Non-US Currency Market.

Non-US Currency Letter of Credit” shall mean a Letter of Credit issued or to be issued in (a) British pounds sterling, (b) euros or (c) such other currency (other than Dollars) as may be acceptable to all of the Revolving Lenders in their sole and absolute discretion.

Non-US Currency Letter of Credit Sublimit” shall mean an amount equal to $50,000,000. The Non-US Currency Letter of Credit Sublimit is part of, and not in addition to, the Letter of Credit Sublimit; and in Administrative Agent’s sole and absolute discretion, such Non-US Currency Letter of Credit Sublimit can be increased above the limit (but in no event above the Letter of Credit Sublimit), or decreased back down to the limit set forth in the preceding sentence.

Non-US Currency Market” shall mean a regular established market located outside the US by and among banks for the solicitation, offer and acceptance of Non-US Currency deposits in such banks.

Non-US Currency Unreimbursed Amount” shall have the meaning given in Section 2.02(c)(i).

Non-US Plan” shall mean any employee benefit plan maintained or contributed to by any Significant Party which is mandated or governed by any Governmental Rule of any Governmental Authority other than the US or any Governmental Authority or political subdivision thereof.

 

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Non-US Subsidiaries” shall mean all direct or indirect Subsidiaries of CBII which are organized in a jurisdiction other than the US or any state thereof.

Note” shall mean a Term Loan Note, a Revolving Loan Note or a Swing Line Note.

Notice of Borrowing” shall mean a Notice of Borrowing pursuant to and as defined in Section 2.01(c) or a Notice of Swing Line Borrowing.

Notice of Conversion” shall have the meaning given to that term in Section 2.01(g).

Notice of Interest Period Selection” shall have the meaning given to that term in Section 2.01(h)(ii).

Notice of Swing Line Borrowing” shall mean a notice of a Swing Line Borrowing pursuant to Section 2.03(b), which, if in writing, shall be substantially in the form of Exhibit D.

Notification” shall have the meaning given to that term in Section 8.01(c)(ii).

Obligations” shall mean all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Borrower to any Secured Party of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising pursuant to the terms of this Agreement or any of the other Credit Documents, including all interest (including interest that accrues after the commencement of any bankruptcy or other insolvency proceeding by or against the Borrower), fees, charges, expenses, attorneys’ fees and accountants’ fees chargeable to and payable by the Borrower hereunder and thereunder, but excluding Lender Rate Contract Obligations.

OFAC” shall mean the Office of Foreign Assets Control of the United States Department of the Treasury.

Officer” shall mean, with respect to CBII or the Borrower, (a) the Chairman of the Board of Directors, any Vice Chairman of the Board of Directors, the Chief Executive Officer, the President, the Chief Financial Officer, any Vice President, or the Treasurer or (b) any Assistant Treasurer, the Secretary or any Assistant Secretary. Any document delivered hereunder that is signed by an Officer of CBII or the Borrower shall be conclusively presumed to have been authorized by all necessary corporate, limited liability company, and/or other action on the part of CBII or the Borrower and such Officer shall be conclusively presumed to have acted on behalf of CBII or the Borrower, as the case may be.

Other Taxes” shall have the meaning given to that term in Section 2.12(b).

Owned Properties” shall have the meaning given to that term in Section 4.01(z).

PACA” shall mean the Perishable Agricultural Commodities Act, 7 U.S.C. Section 499.

Parallel Obligations” shall have the meaning given to the term in Section 2.14(d)(i).

 

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Parallel Security” shall have the meaning given to the term in Section 2.14(d).

Parent Guarantee Agreement” shall mean the Guarantee Agreement executed and delivered by CBII pursuant to Section 3.01(a), substantially in the form of Exhibit J.

Parent Guarantor” shall mean CBII.

Participants” shall have the meaning given to that term in Section 8.05(b).

Participation Seller” shall have the meaning given to that term in Section 8.15(a).

Patent Security Agreements” shall mean the Patent Security Agreements executed and delivered by the Grantors party thereto, as the same may be amended, restated, supplemented or modified from time to time, and substantially in the form of Exhibit N.

PBGC” shall mean the Pension Benefit Guaranty Corporation.

Pension Plan” shall mean any “employee pension benefit plan” (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Significant Party or any ERISA Affiliate or to which any Significant Party or any ERISA Affiliate contributes or has an obligation to contribute, or solely in the case of a multiple employer plan (as described in Section 4064(a) of ERISA) has made contributions at any time during the immediately preceding five plan years.

Permitted Acquisition” shall have the meaning given to that term in Section 5.02(d)(iii).

Permitted Asset Disposition” shall mean any asset disposition permitted under Section 5.02(c).

Permitted Indebtedness” shall mean all Indebtedness that is permitted to be created, incurred, assumed, or to exist in accordance with Section 5.02(a).

Permitted Joint Venture” shall mean the Persons listed on Schedule II as well as any Person (a) 50% or less of whose Equity Securities are owned directly or indirectly by a Borrower Entity, (b) that if allowed to make Distributions, dividends, and loans to Equity Security holders, the Borrower Entity that holds the Equity Securities in such Person is entitled to receive Distributions, dividends, and loans at least equal to a pro rata proportion of such Borrower Entity’s Equity Securities in such Person and (c) for which no Borrower Entity has liability, primarily, secondarily, or otherwise, for the Funded Debt or other obligations of such Person.

Permitted Liens” shall mean Liens that fall within any one of the following categories (whether or not such Liens could fall within one or more other categories, and if a Lien could qualify for more than one of the following categories, the Borrower may designate which category the Lien qualifies for without such Lien counting against other categories):

(a) any Liens on assets existing on the Effective Date and listed in Schedule 5.02(b), except that any unlisted immaterial Liens shall also constitute Permitted Liens for purposes of this clause (a) but only to the extent that (i) the aggregate amount of the

 

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obligations secured by such Liens does not exceed $1,000,000 and (ii) the assets encumbered by such Liens are owned solely by Non-US Subsidiaries and are not Collateral;

(b) Liens on assets acquired after the Effective Date that were existing at the time of the acquisition of such asset by a Borrower Entity; provided that (i) such Liens were in existence prior to the contemplation of such acquisition, were not granted in anticipation of such acquisition and do not extend to any other assets and (ii) the aggregate amount of all Indebtedness secured by Liens on assets of the Borrower Entities pursuant to this clause (b) and clauses (c), (d) and (u) of this definition shall not exceed $50,000,000 in any fiscal year of the Borrower (it being understood that any such Indebtedness secured by Liens not incurred in any fiscal year of the Borrower may be incurred in the succeeding fiscal years of the Borrower);

(c) Liens on assets to secure the purchase price of such assets to be acquired, which Liens cover only the assets acquired with such Indebtedness, and Liens on assets to secure Capital Lease obligations which Liens cover only the assets so acquired by Capital Lease (or any extensions, renewals or replacements of any such Liens for the same or a lesser amount); provided that the aggregate amount of all Indebtedness secured by Liens on assets of the Borrower Entities pursuant to this clause (c) and clauses (b), (d) and (u) of this definition shall not exceed $50,000,000 in any fiscal year of the Borrower (it being understood that any such Indebtedness secured by Liens not incurred in any fiscal year of the Borrower may be incurred in the succeeding fiscal years of the Borrower);

(d) Liens on an entity or its assets existing at the time the entity becomes a Subsidiary or is merged with any Borrower Entity, or assumed in connection with the acquisition of its assets; provided that (i) such Liens were in existence prior to the contemplation of such acquisition or merger, were not granted in anticipation of such acquisition or merger and do not extend to any assets other than those of the Person that becomes a Subsidiary or is merged with any Borrower Entity and (ii) the aggregate amount of all Indebtedness secured by Liens on assets of the Borrower Entities pursuant to this clause (d) and clauses (b), (c) and (u) of this definition shall not exceed $50,000,000 in any fiscal year of the Borrower (it being understood that any such Indebtedness secured by Liens not incurred in any fiscal year of the Borrower may be incurred in the succeeding fiscal years of the Borrower);

(e) statutory Liens of landlords and carriers, warehousemen, mechanics, materialmen, repairmen or other like Liens (i) arising in the ordinary course of business, and (ii) for amounts not overdue for more than 90 days or being contested in good faith by appropriate proceedings and as to which adequate reserves (as required by GAAP) have been established therefor;

(f) judgment Liens and other similar Liens arising in the ordinary course of business; provided that (i) the enforcement of the Liens is stayed, (ii) the claims secured by the Liens are being actively contested, in good faith and by appropriate proceedings and as to which adequate reserves (as required by GAAP) have been established therefor, and (iii) the judgment would not otherwise constitute a Default;

 

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(g) Liens for taxes, assessments or Governmental Charges not yet due and payable or being contested in good faith by appropriate proceedings and as to which adequate reserves (as required by GAAP) have been established therefor;

(h) Liens on property of a Non-US Subsidiary to secure Indebtedness of such Non-US Subsidiary that is otherwise permitted under Section 5.02;

(i) Liens on Non-US bank accounts in accordance with customary banking practice;

(j) easements, rights of way, restrictions and other similar encumbrances on title to real property to the extent they are incurred in the ordinary course of business of any Borrower Entity and do not materially detract from the value of such property or materially interfere with the ordinary course of business of any Borrower Entity;

(k) pledges or deposits made in the ordinary course of business in connection with workers’ compensation, unemployment insurance and other social security legislation;

(l) deposits and other Liens to secure Surety Instruments and the performance of bids, trade contracts (other than for borrowed money), leases, statutory obligations, surety and appeal bonds, performance bonds and other similar obligations incurred in the ordinary course of business;

(m) Liens granted on assets of any Borrower Entity created in favor of Lenders or Administrative Agent pursuant to the Security Documents;

(n) judgment Liens not giving rise to an Event of Default so long as such Lien is adequately bonded and any appropriate legal proceedings which may have been duly initiated for the review of such judgment shall not have been terminated or the period within which such proceedings may be initiated shall not have expired;

(o) Liens to secure Hedging Obligations incurred in the ordinary course of business solely for the purpose of fixing or hedging interest rate risk, Non-US currency risk or financial and other similar risks (including commodity risks); provided that with respect to Hedging Obligations with respect to Indebtedness such Liens do not extend to property or assets other than the property or assets securing such Indebtedness and provided, further, that such Liens do not extend to the Collateral (unless such Liens are granted under the Security Documents);

(p) Liens in favor of customs and revenue authorities arising as a matter of law to serve as payment of custom duties in connection with the importation of goods;

(q) leases, subleases or licenses and sublicenses granted to others that do not materially detract from the value of such property or materially interfere with the ordinary course of business of any CBII Entity;

(r) Liens arising from the filing of Uniform Commercial Code financing statements regarding leases;

 

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(s) Liens on receivables assets of any Non-US Subsidiary securing receivables obligations of any Non-US Subsidiary;

(t) Liens securing Indebtedness which is incurred to refinance secured Indebtedness outstanding on the Effective Date and refinancings thereof; provided that the amount of such Indebtedness is not increased and such Liens do not extend to or cover any property or assets of any Borrower Entity other than the property or assets securing the Indebtedness being refinanced;

(u) additional Liens to secure Indebtedness provided that (i) the aggregate amount of all Indebtedness secured by Liens on assets of the Borrower Entities pursuant to this clause (u) and clauses (b), (c) and (d) of this definition shall not exceed $50,000,000 in any fiscal year of the Borrower (it being understood that any such Indebtedness secured by Liens not incurred in any fiscal year of the Borrower may be incurred in the succeeding fiscal years of the Borrower), (ii) the assets covered by any additional Liens permitted to be incurred pursuant to this clause (u) shall not include any Equity Securities of any Pledged Persons and (iii) to the extent any additional Liens permitted to be incurred pursuant to this clause (u) shall cover any Collateral, such additional Liens shall be expressly subject and subordinate to the Liens on such Collateral granted for the benefit of the Secured Parties on terms reasonably satisfactory to the Administrative Agent;

(v) statutory Liens of vendors of perishable agricultural commodities or the like (i) arising pursuant to the provisions of PACA, (ii) arising in the ordinary course of business and (iii) for amounts not overdue for more than 90 days or being contested in good faith by appropriate proceedings and as to which adequate reserves (as required by GAAP) have been established therefor;

(w) Liens securing intercompany obligations (i) of any of the Borrower’s direct or indirect Non-US Subsidiaries to the Borrower or CBII, (ii) between or among any of the Borrower’s direct or indirect Non-US Subsidiaries that are not Loan Parties, or (iii) between or among any of the Borrower’s direct or indirect US Subsidiaries, if such Liens are expressly subordinate to the Liens granted under the Security Documents, in form and substance reasonably satisfactory to the Administrative Agent;

(x) Permitted Encumbrances (as defined in each Mortgage); and

(y) purchase money Liens upon Container Assets acquired by any of the CBII Entities in the ordinary course of business to secure the purchase price of such Container Assets or to secure Indebtedness incurred solely for the purpose of financing the acquisition of any such Container Assets to be subject to such Liens, or extensions, renewals or replacements of any of the foregoing; provided, however, that no such Lien shall extend to or cover any property other than the Container Assets being acquired, and no such extension, renewal or replacement shall extend to or cover any property not theretofore subject to the Lien being extended, renewed or replaced.

Permitted Sales” shall have the meaning given to that term in the definition of Asset Sales.

 

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Person” shall mean an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a trust, an unincorporated organization or any other entity or organization, including a Governmental Authority or political subdivision or an agency or instrumentality thereof.

Platform” shall have the meaning given to that term in Section 8.01(c)(i).

Pledge Agreements” shall mean the Pledge Agreements executed and delivered by the Pledgors pursuant to Section 2.14(c), 3.01(a) or 5.01(i), as the case may be, as the same may be amended, restated, supplemented or modified from time to time, substantially in the form attached as Exhibit I.

Pledged Equity Securities” shall have the meaning given to that term in Section 3.01(a)(v).

Pledged Intercompany Notes” shall have the meaning given to that term in Section 3.01(a)(iv).

Pledged Persons” shall mean (a) the Borrower and the other Persons listed on Schedule III, (b) US Subsidiaries formed, acquired, or becoming US Subsidiaries after the Effective Date, (c) Significant Non-US Subsidiaries formed or acquired after the Effective Date and (d) any Non-US Subsidiary which after the Effective Date becomes a Significant Non-US Subsidiary (it being understood that, solely in respect of this clause (d), there shall be excluded from the determination of whether such a Non-US Subsidiary is a Significant Subsidiary any intercompany sales and receivables from any CBII Entities); provided, however, that notwithstanding anything to the contrary herein, (i) if by virtue of mandatory provisions of the applicable law of the jurisdiction of organization of a Significant Non-US Subsidiary a pledge of the Equity Securities of such Significant Non-US Subsidiary shall be prohibited (and the Administrative Agent shall be reasonably satisfied that there is no alternative manner to structure such pledge) or (ii) if the Administrative Agent and CBII, using best efforts, mutually agree, after taking into consideration the value of the assets of any Significant Non-US Subsidiary, (A) that by virtue of pledging more than 65% of the Voting Equity Securities of such Significant Non-US Subsidiary, a Section 956 Issue will result with respect to such Significant Non-US Subsidiary, then only 100% of the non-voting Equity Securities and 65% of the voting Equity Securities of such Significant Non-US Subsidiary shall be pledged, and (B) that by virtue of (x) pledging 100% of the non-voting Equity Securities and 65% of the voting Equity Securities of any Significant Latin American Subsidiary, such Significant Latin American Subsidiary shall be obligated to pay material local fees, (y) pledging 65% of the voting Equity Securities of such Significant Non-US Subsidiary, a Section 956 Issue will result with respect to the Pledgor of such Significant Non-US Subsidiary or (z) a pledge of or by a Significant Non-US Subsidiary, personal liability of the officers or directors of such Significant Non-US Subsidiary under the laws of the jurisdiction in which such Significant Non-US Subsidiary is organized will result, then none of the non-voting Equity Securities and voting Equity Securities of such Significant Non-US Subsidiary shall be pledged, such Significant Non-US Subsidiary shall not be one of the Pledged Persons and no Pledge Agreement shall be executed with respect to the Equity Securities of such Significant Non-US Subsidiary unless and except to the extent that the Equity Securities thereof may be so pledged without such Section 956 Issue, such prohibition, such

 

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personal liability or resulting in an obligation of such Significant Latin American Subsidiary to pay material local fees, as applicable; and provided, further, that if some or all of the Equity Securities of a Borrower Entity that directly or indirectly owns Equity Securities of such Significant Non-US Subsidiary are not the subject of a Pledge Agreement and may be pledged to the Administrative Agent without such prohibition or without resulting in an obligation of such Significant Latin American Subsidiary to pay material local fees, as applicable, such Borrower Entity shall become one of the Pledged Persons.

Pledgors” shall mean those Persons pledging their interests in a Pledged Person.

Post Effective Date Requirements Letter Agreement” shall have the meaning given to that term in the definition of Effective Date.

Pre-Commitment Information” shall mean all written information, including one or more confidential information memoranda and other marketing materials to be used in connection with the syndication of the Commitments that have been made available to Rabobank by CBII, the Borrower or any representative thereof.

Principal Trademarks” shall mean those trademarks described as “Principal Trademarks” on Schedule 4.01(n), which may be updated hereafter upon the agreement of the Borrower and the Administrative Agent, except that the deletion of any material “Principal Trademarks” shall require the consent of the Required Lenders.

Pro Forma Compliance” shall mean:

(a) with respect to the Borrower Leverage Ratio, on any date of determination, the Borrower would have been in compliance with the Borrower Leverage Ratio covenant set forth in Section 5.03(a) as at the end of the four-quarter period ending on the day that is the close of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 5.01(a) ending prior to such determination date if the Borrower Funded Debt outstanding on such date of determination (after giving effect to any Funded Debt and use of proceeds from the Funded Debt to be incurred for the event requiring such measurement or on such date of determination) were outstanding on the last day of such most recent fiscal quarter; and

(b) with respect to the Fixed Charge Coverage Ratio, on any date of determination, the Borrower would have been in compliance with the Fixed Charge Coverage Ratio covenant set forth in Section 5.03(b) as at the end of the four-quarter period ending on the day that is the close of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 5.01(a) ending prior to such determination date if all asset dispositions, acquisitions, and Distributions in accordance with Sections 5.02(c), 5.02(d) and 5.02(f) (after giving effect to any such asset dispositions, acquisitions, and Distributions to occur for the event requiring such measurement or on such date of determination) occurred on the first day of such most recently completed four-quarter period.

Properties” shall mean, collectively, the Owned Properties and the property subject to the Clayton County Lease.

 

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Rate Contract” shall mean any agreement or document now existing or hereafter entered into in respect of any swap, cap, collar, hedge, forward, future or derivative transaction or option or similar agreement involving, or settled by reference to, one or more rates, currencies, commodities, equity or debt instruments or securities, or economic, financial or pricing indices or measures of economic, financial or pricing risk or value or any similar transaction or any combination of these transactions.

Reduction Notice” shall have the meaning given to that term in Section 2.04(a).

Refinancing Indebtedness” shall mean any refinancing of existing Indebtedness, so long as such refinancing Indebtedness (a) is permitted to be incurred under Section 5.02(a), (b) does not result in an increase in the aggregate principal amount of the Indebtedness being refinanced and (c) any Liens securing such refinancing Indebtedness do not extend to or cover any property or assets of any CBII Entity other than the property or assets securing the Indebtedness being refinanced.

Register” shall have the meaning given to that term in Section 8.05(d).

Relevant Event” shall have the meaning given to that term in Section 2.06(c)(iii).

Relevant Sale” shall have the meaning given to that term in Section 2.06(c)(ii).

Replacement Lender” shall have the meaning given to that term in Section 2.15.

Reportable Event” shall have the meaning given to that term in Title IV of ERISA and applicable regulations thereunder for which notice thereof has not been waived pursuant to applicable regulations.

Required Lenders” shall mean, at any time, Lenders owed or holding at least a majority in interest of the sum of (a) so long as the Revolving Loan Commitments have not been terminated, the aggregate Revolving Loan Commitments at such time or, if the Revolving Loan Commitments have been terminated, the aggregate Effective Amount (based on each such Lender’s Revolving Proportionate Share thereof) of all Revolving Loans, L/C Obligations and Swing Line Loans outstanding at such time and (b) the aggregate principal amount of the Term Loans outstanding at such time, except that, at any time any Lender is a Defaulting Lender, all such Defaulting Lenders shall be excluded in determining “Required Lenders” and, in such case, “Required Lenders” shall mean Lenders that are not Defaulting Lenders owed or holding at least a majority in interest of the sum of (a) so long as the Revolving Loan Commitments have not been terminated, the aggregate Revolving Loan Commitments of all Lenders that are not Defaulting Lenders at such time or, if the Revolving Loan Commitments have been terminated, the aggregate Effective Amount (based on each such Lender’s Revolving Proportionate Share thereof) of all Revolving Loans, L/C Obligations and Swing Line Loans of all Lenders that are not Defaulting Lenders outstanding at such time and (b) the aggregate principal amount of the Term Loans of all Lenders that are not Defaulting Lenders outstanding at such time.

Required Revolving Lenders” shall mean, at any time, the Revolving Lenders whose Revolving Proportionate Shares then exceed 50%, except that, at any time any Revolving Lender is a Defaulting Lender, all Defaulting Lenders shall be excluded in determining “Required

 

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Revolving Lenders”, and, in such case, “Required Revolving Lenders” shall mean Lenders that are not Defaulting Lenders having total Revolving Proportionate Shares exceeding 50% of the total Revolving Proportionate Shares of all Lenders that are not Defaulting Lenders at such time.

Required Term Lenders” shall mean, at any time, Lenders owed or holding at least a majority in interest of the aggregate principal amount of the Term Loans outstanding at such time, except that, at any time any Term Lender is a Defaulting Lender, all Defaulting Lenders shall be excluded in determining “Required Term Lenders” and, in such case, “Required Term Lenders” shall mean Lenders that are not Defaulting Lenders owed or holding at least a majority in interest of the aggregate principal amount of the Term Loans of all Lenders that are not Defaulting Lenders outstanding at such time.

Requirement of Law” applicable to any Person shall mean (a) the articles or certificate of incorporation and by-laws or other organizational or governing documents of such Person, (b) any Governmental Rule applicable to such Person, (c) any license, permit, approval or other authorization granted by any Governmental Authority to or for the benefit of such Person or (d) any judgment, decision or determination of any Governmental Authority or arbitrator, in each case applicable to or binding upon such Person or any of its property or to which such Person or any of its property is subject.

Reserve Requirement” shall mean, with respect to any day in an Interest Period for a LIBOR Loan, the aggregate of the maximum of the reserve requirement rates (expressed as a decimal) in effect on such day for eurocurrency funding (currently referred to as “Eurocurrency liabilities” in Regulation D of the Federal Reserve Board) maintained by a member bank of the Federal Reserve System. As used herein, the term “reserve requirement” shall include any basic, supplemental or emergency reserve requirements imposed on any Lender by any Governmental Authority.

Revolving Lender” shall mean any Lender that has a Revolving Loan Commitment.

Revolving Loan” shall have the meaning given to that term in Section 2.01(b).

Revolving Loan Borrowing” shall mean a borrowing by the Borrower consisting of the Revolving Loans made by each of the Revolving Lenders on the same date and of the same Type pursuant to a single Notice of Borrowing.

Revolving Loan Commitment” shall mean, with respect to any Revolving Lender at any time, the amount set forth in the Lender Addendum delivered by such Revolving Lender under the caption “Revolving Loan Commitment” or, if such Lender has entered into one or more Assignment Agreements, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.05(d) as such Lender’s “Revolving Loan Commitment”, as such amount may be reduced pursuant to Section 2.04 or increased pursuant to Section 2.16. For all purposes of this Agreement, the Revolving Loan Commitments shall be deemed to have been “terminated” on the Maturity Date or if the Revolving Loan Commitments are otherwise reduced to zero or terminated.

 

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Revolving Loan Facility” shall mean, at any time, the aggregate amount of the Revolving Lenders’ Revolving Loan Commitments at such time. As of the Effective Date, the amount of the Revolving Loan Facility is $150,000,000.

Revolving Loan Note” shall mean a promissory note of the Borrower payable to the order of any Revolving Lender, in substantially the form of Exhibit E-1, evidencing the aggregate indebtedness of the Borrower to such Lender resulting from the Revolving Loans and L/C Advances made by such Lender.

Revolving Loan Pricing Grid” shall mean:

 

Tier

  

Consolidated Adjusted Leverage Ratio

   Applicable Margin
for LIBOR Loans
(bps
per annum)
     Applicable Margin
for Base Rate Loans
(bps 
per  annum)
 

1

  

³ 5.50 to 1.00

     375         275   

2

  

³ 4.50 to 1.00 but < 5.50 to 1.00

     350         250   

3

  

³ 3.75 to 1.00 but < 4.50 to 1.00

     325         225   

4

  

< 3.75 to 1.00

     300         200   

Any increase or decrease in the Applicable Margin for Revolving Loans or the Letter of Credit Fee Percentage resulting from a change in the Consolidated Adjusted Leverage Ratio shall become effective as of the fifth Business Day following the date a Compliance Certificate is required to be delivered pursuant to Sections 5.01(a)(iii) (other than the Compliance Certificate delivered 120 days after the close of each fiscal year in respect of yearly Financial Statements of the Borrower Entities) or 5.02(d)(iii); provided, however, that if no Compliance Certificate is delivered within three days of when due in accordance with such Sections, then Tier 1 of the Revolving Loan Pricing Grid shall apply as of the date of the failure to deliver such Compliance Certificate until the fifth Business Day after the date on which the Borrower delivers a Compliance Certificate in the form of Exhibit G-1 (in respect of Section 5.01(a)(iii)) or Exhibit G-2 (in respect of Section 5.02(d)(iii)) and thereafter the Applicable Margin for Revolving Loans and the Letter of Credit Fee Percentage shall be based on the Consolidated Adjusted Leverage Ratio indicated on such Compliance Certificate until such time as the Applicable Margin for Revolving Loans and the Letter of Credit Fee Percentage are further adjusted as set forth in this definition.

Revolving Proportionate Share” shall mean, with respect to any Revolving Lender:

(a) if the Revolving Loan Commitments have not been terminated, the ratio (expressed as a percentage rounded to the eighth digit to the right of the decimal point) of (i) such Lender’s Revolving Loan Commitment at such time to (ii) the Revolving Loan Facility at such time; and

(b) if the Revolving Loan Commitments have been terminated, the ratio (expressed as a percentage rounded to the eighth digit to the right of the decimal point) of (i) the sum of (A) the Effective Amount of such Lender’s Revolving Loans, and (B) such Revolving

 

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Lender’s share (based on its Revolving Proportionate Share immediately prior to such termination) of the Effective Amount of all L/C Obligations and all Swing Line Loans to (ii) the sum of (A) the aggregate Effective Amount of all Revolving Loans and Swing Line Loans and (B) the aggregate Effective Amount of all L/C Obligations.

The initial Revolving Proportionate Share of each Revolving Lender is set forth in the Lender Addendum delivered by such Revolving Lender under the caption “Revolving Proportionate Share”.

Sales Basket Amount” shall have the meaning given to that term in Section 2.06(c)(ii).

Section 956 Issue” shall mean that the granting of a pledge of Equity Securities or the execution of a Guarantee Agreement by a Non-US Subsidiary results in the pledged or pledging Non-US Subsidiary or the Non-US Subsidiary guarantor being deemed to have made a dividend in a material amount to its first tier US equity owner pursuant to IRC Section 956, and related sections of the IRC and the regulations promulgated thereunder.

Secured Obligations” shall mean any Obligations owing to the Secured Parties, any Guarantees thereof by the Loan Parties, and any Lender Rate Contract Obligations.

Secured Parties” shall mean, collectively, the Administrative Agent, any Supplemental Collateral Agent, the Revolving Lenders, the Swing Line Lender, the L/C Issuer, the Term Lenders, the Existing Swap Counterparties and, whether or not such Person has ceased to be a Lender or an Affiliate of a Lender under this Agreement, any Lender or any Affiliate of a Lender as a counterparty to a Lender Rate Contract.

Security Agreements” shall mean the security agreements (including any amended and restated security agreements) executed and delivered by (a) the Borrower, (b) CBII or (c) the US Subsidiaries pursuant to Sections 2.14(c), 3.01(a) or 5.01(i), as the case may be, as the same may be amended, restated, supplemented or modified from time to time, substantially in the form of Exhibit L.

Security Documents” shall mean the Security Agreements, the Pledge Agreements, the Intellectual Property Security Agreements, the Mortgages and all other instruments, agreements and documents (including Uniform Commercial Code financing statements) delivered to the Administrative Agent in connection with any Collateral or to secure any Secured Obligation or any Guarantee of the Secured Obligations, as the same may be amended, restated, supplemented or modified from time to time to the extent permitted under the Credit Documents.

Senior Notes (7  1/2%)” shall mean the 7 1/2% Senior Notes due 2014 of CBII.

Senior Notes (7 1/2%) Indenture” shall mean that certain Indenture dated as of September 28, 2004, between CBII, as issuer, and LaSalle Bank National Association, as trustee, and the First Supplemental Indenture thereto, dated as of February 4, 2008, in respect of the Senior Notes (7 1/2%), as amended, restated, supplemented or modified from time to time to the extent permitted under the Credit Documents.

Senior Notes (87/8%)” shall mean the 87/8% Senior Notes due 2015 of CBII.

 

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Senior Notes (87/8%) Indenture” shall mean that certain Indenture dated as of June 28, 2005, between CBII, as issuer, and LaSalle Bank National Association, as trustee, in respect of the Senior Notes (87/8%), as further amended, restated, supplemented or modified from time to time to the extent permitted under the Credit Documents.

Servicios Chile” shall mean Servicios Chiquita-Enza Chile Limitada, a Chilean limitada.

Significant Latin American Subsidiaries” shall mean the Significant Subsidiaries that are Latin American Subsidiaries.

Significant Non-US Subsidiaries” shall mean the Significant Latin American Subsidiaries and Significant Other Non-US Subsidiaries.

Significant Other Non-US Subsidiaries” shall mean the Significant Subsidiaries that are not Significant US Subsidiaries or Significant Latin American Subsidiaries.

Significant Parties” or “Significant Party” shall mean CBII, the Borrower, and Significant Subsidiaries.

Significant Revenue” shall mean, with respect to any Subsidiary, annual gross revenue exceeding the Dollar equivalent of $10,000,000 as at the end of the most recent fiscal year.

Significant Subsidiaries” shall mean each of the Borrower Entities described as Significant Subsidiaries on Schedule 4.01(q), and each other direct or indirect Subsidiary of CBII that, at any date of determination, meets any of the following criteria:

(a) for the most recent fiscal year generated gross revenue (excluding intercompany sales among the CBII Entities) exceeding the Dollar equivalent of $40,000,000; or

(b) as at the end of the most recent fiscal year, owned assets (excluding intercompany receivables from the CBII Entities) exceeding the Dollar equivalent of $15,000,000.

Significant US Subsidiaries” shall mean all direct or indirect Significant Subsidiaries of CBII which are organized under the laws of the US, any state thereof or the District of Columbia.

Solvent” shall mean, with respect to any Person on any date, that on such date (a) the fair value of the assets of such Person is greater than the fair value of the probable liabilities (including contingent, subordinated, matured and unliquidated liabilities but not intercompany payables and obligations) of such Person, (b) the present fair saleable value of the assets of such Person is greater than the amount that will be required to pay the probable liability of such Person on its debts as they become absolute and matured, (c) such Person does not intend to, and does not believe that it will, incur debts or liabilities beyond such Person’s ability to pay as such debts and liabilities mature or (d) such Person is not engaged in or about to engage in business or transactions for which such Person’s property would constitute an unreasonably small capital.

 

36


Stock and Warrant Repurchases” shall mean repurchases of CBII common stock and warrants to subscribe for CBII common stock as may be approved by CBII’s Board of Directors from time to time.

Subsidiary” shall mean (a) any Person (including a corporation, partnership, limited liability company or other entity) more than 50% of whose Equity Securities having by the terms thereof, at that time, ordinary voting power to elect a majority of the directors (or comparable positions) of such Person is at the time owned directly or indirectly by any other Person, by such other Person and one or more of its other Subsidiaries or by one or more of such other Person’s other Subsidiaries or (b) any other Person included in the Financial Statements of such Person on a consolidated basis. Unless otherwise indicated in this Agreement, “Subsidiary” shall mean a Subsidiary of the Borrower.

Subsidiary Guarantee Agreements” shall mean, collectively, each Guarantee Agreement executed and delivered by each Subsidiary Guarantor pursuant to Section 3.01(a) or 5.01(i), as the case may be, and substantially in the form attached as Exhibit K (and, where appropriate, with such changes as the Administrative Agent may reasonably require to give effect to local law requirements in respect of any Non-US Subsidiary Guarantors).

Subsidiary Guarantors” shall mean (a) entities listed on Part II of Schedule I, (b) US Subsidiaries formed, acquired or becoming US Subsidiaries after the Effective Date and (c) Significant Non-US Subsidiaries formed, acquired or becoming Significant Non-US Subsidiaries after the Effective Date; provided, however, if the Administrative Agent and CBII, using best efforts, mutually agree, after taking into consideration the value of the assets of such Significant Non-US Subsidiary, that by virtue of entering into a Subsidiary Guarantee Agreement or Guaranteeing the Secured Obligations (a) a Section 956 Issue will result with respect to a Significant Non-US Subsidiary, (b) personal liability of the officers or directors of such Significant Non-US Subsidiary under the laws of the jurisdiction in which such Significant Non-US Subsidiary is organized will result or (c) if such Significant Non-US Subsidiary is a Significant Latin American Subsidiary, such Significant Non-US Subsidiary will be required to pay material local fees, such Significant Non-US Subsidiary shall not be a Subsidiary Guarantor and shall not execute a Subsidiary Guarantee Agreement (or Guarantee the Secured Obligations) until such time as such Section 956 Issue, personal liability or material local fee liability, as applicable, shall no longer exist.

Supplemental Collateral Agent” shall have the meaning given to that term in Section 7.09(a).

Surety Instruments” shall mean all letters of credit (including standby and commercial), banker’s acceptances, bank guarantees, shipside bonds, surety bonds (other than bonds for workers’ compensation or other ordinary course governmental obligations) and similar instruments.

Surviving Indebtedness” shall mean Indebtedness of each Loan Party and its Subsidiaries outstanding immediately before and after giving effect to the initial Credit Extension on the Effective Date.

 

37


Swing Line” shall mean the revolving credit facility made available by the Swing Line Lender pursuant to Section 2.03.

Swing Line Borrowing” shall mean a borrowing of a Swing Line Loan.

Swing Line Lender” shall mean Rabobank in its capacity as provider of Swing Line Loans, or any successor swing line lender hereunder.

Swing Line Loan” shall have the meaning given to that term in Section 2.03(a).

Swing Line Note” shall have the meaning given to that term in Section 2.08(c).

Swing Line Sublimit” shall mean an amount equal to the lesser of (a) $10,000,000 and (b) the Revolving Loan Facility. The Swing Line Sublimit is part of, and not in addition to, the Revolving Loan Facility.

Syndication Agent” shall mean Wells Fargo, acting its capacity as syndication agent.

Synthetic Lease” shall mean each arrangement, however described, under which the obligor accounts for its interest in the property covered thereby under GAAP as lessee of a lease which is not a Capital Lease and accounts for its interest in the property covered thereby for Federal income tax purposes as the owner.

Synthetic Lease Interest Component” shall mean, with respect to any Person for any period, the portion of rent paid or payable (without duplication) for such period under Synthetic Leases of such Person that would be treated as interest in accordance with Financial Accounting Standards Board Statement No. 13 if such Synthetic Leases were treated as Capital Leases under GAAP.

Synthetic Lease Principal Component” shall mean, with respect to any Person for any period, the portion of rent (exclusive of the Synthetic Lease Interest Component) paid or payable (without duplication) for such period under Synthetic Leases of such Person that would be treated as principal in accordance with Financial Accounting Standards Board Statement No. 13 if such Synthetic Leases were treated as Capital Leases under GAAP.

Taxes” shall have the meaning given to such term in Section 2.12(a).

Temporary Cash Investments” shall mean:

(a) investments in marketable direct obligations issued or guaranteed by the US, or of any Governmental Authority or political subdivision thereof, maturing within 18 months of the date of purchase;

(b) investments in certificates of deposit issued by a bank organized under the laws of the US or any state thereof or the District of Columbia, in each case having capital and unimpaired surplus totaling more than $500,000,000 and rated at least A-1 by Standard & Poor’s Ratings Group (“S&P”) and P-1 by Moody’s Investors Service, Inc. (“Moody’s”) (or their equivalent) (any such bank, an “Approved Bank”), maturing within 397 days of purchase;

 

38


(c) repurchase obligations with a term of not more than seven days for underlying Equity Securities of the types described in clauses (a) and (b) above entered into with any Approved Bank;

(d) commercial paper or finance company paper issued by any Person incorporated under the laws of the US or any state thereof and rated at least A-1 by S&P and P-1 by Moody’s (or their equivalent) maturing within 397 days of purchase;

(e) Investments not exceeding 397 days in maturity in money market funds that invest primarily all of such funds’ assets in the Investments described in clauses (a) through (d) above; and

(f) in the case of the Borrower’s Non-US Subsidiaries, similar short term investments made in the ordinary course of business or with a commercial bank organized under the laws of any Non-US jurisdiction which is a member of the OECD, or a political subdivision of any such Non-US jurisdiction, and having a combined capital and surplus of at least the equivalent of $100,000,000; provided that such bank is acting through a branch or agency located in the country in which it is organized or another country which is also a member of the OECD.

Term Lender” shall mean any Lender that has a Term Loan Commitment or that has made or holds a Term Loan.

Term Loan” shall have the meaning given to that term in Section 2.01(a).

Term Loan Borrowing” shall mean a borrowing consisting of simultaneous Term Loans of the same Type made by the Term Lenders.

Term Loan Commitment” shall mean, with respect to any Term Lender at any time, the amount set forth in the Lender Addendum delivered by such Term Lender under the caption “Term Loan Commitment” or, if such Lender has entered into one or more Assignment Agreements, set forth for such Lender in the Register maintained by the Administrative Agent pursuant to Section 8.05(d) as such Lender’s “Term Loan Commitment”.

Term Loan Facility” shall mean, at any time, the Term Lenders’ Term Loan Commitments and the Term Loans provided thereunder. As of the Effective Date, the amount of the Term Loan Facility is $200,000,000.

Term Loan Note” shall mean a promissory note of the Borrower payable to the order of any Term Lender, in substantially the form of Exhibit E-2, evidencing the indebtedness of the Borrower to such Lender resulting from the Term Loan made by such Lender.

 

39


Term Loan Pricing Grid” shall mean:

 

Tier

  

Consolidated Adjusted Leverage Ratio

   Applicable Margin
for LIBOR Loans
(bps
per annum)
     Applicable Margin
for Base Rate Loans
(bps 
per  annum)
 
1    ³ 5.50 to 1.00      450         350   
2    ³ 4.50 to 1.00 but < 5.50 to 1.00      425         325   
3    ³ 3.75 to 1.00 but < 4.50 to 1.00      400         300   
4    < 3.75 to 1.00      375         275   

Any increase or decrease in the Applicable Margin for Term Loans resulting from a change in the Consolidated Adjusted Leverage Ratio shall become effective as of the fifth Business Day following the date a Compliance Certificate is required to be delivered pursuant to Sections 5.01(a)(iii) (other than the Compliance Certificate delivered 120 days after the close of each fiscal year in respect of yearly Financial Statements of the Borrower Entities) or 5.02(d)(iii); provided, however, that if no Compliance Certificate is delivered within three days of when due in accordance with such Sections, then Tier 1 of the Term Loan Pricing Grid shall apply as of the date of the failure to deliver such Compliance Certificate until the fifth Business Day after the date on which the Borrower delivers a Compliance Certificate in the form of Exhibit G-1 (in respect of Section 5.01(a)(iii)) or Exhibit G-2 (in respect of Section 5.02(d)(iii)) and thereafter the Applicable Margin for Term Loans shall be based on the Consolidated Adjusted Leverage Ratio indicated on such Compliance Certificate until such time as the Applicable Margin for Term Loan are further adjusted as set forth in this definition.

Termination Date” shall mean (a) for purposes of the Revolving Loan Facility, the earlier of (i) the date of termination in whole of the Revolving Loan Facility pursuant to this Agreement and (ii) the Maturity Date and (b) for purposes of the Term Loan Facility, the earlier of (i) the acceleration of all amounts owing under the Term Loan Facility (pursuant to Section 6.02 or otherwise) and (ii) the Maturity Date.

Termination Value” shall mean, in respect of any one or more Lender Rate Contracts, after taking into account the effect of any legally enforceable netting agreement relating to such Lender Rate Contracts, (a) for any date on or after the date such Lender Rate Contracts have been closed out and termination value(s) determined in accordance therewith, such termination value(s), and (b) for any date prior to the date referenced in clause (a) the amount(s) determined as the mark-to-market value(s) for such Lender Rate Contracts, as determined by the Administrative Agent based upon one or more mid-market or other readily available quotations provided by any recognized dealer in such Lender Rate Contracts which may include any Lender.

Trademark Security Agreements” shall mean the Trademark Security Agreements executed and delivered by the Grantors party thereto, as the same may be amended, restated, supplemented or modified from time to time, and substantially in the form of Exhibit O.

Trademarks” shall have the meaning given to that term in Section 4.01(n).

 

40


Transaction” shall mean the transactions contemplated by the Credit Documents.

Type” shall mean, with respect to any Loan or Borrowing at any time, the classification of such Loan or Borrowing by the type of interest rate it then bears, whether an interest rate based upon the Base Rate or the LIBOR Rate.

Unaccrued Indemnity Claims” shall mean claims for indemnification that may be asserted by the Administrative Agent, the L/C Issuer, the Swing Line Lender, any Lender or any other Indemnitee under the Credit Documents that are unaccrued and contingent and as to which no claim, notice or demand has been given to or made on any Loan Party (with a copy to the Administrative Agent) within five Business Days after the Borrower’s request therefor to the Administrative Agent (unless the making or giving thereof is prohibited or enjoined by any Requirement of Law or any order of any Governmental Authority).

Uniform Commercial Code” shall mean the Uniform Commercial Code as the same may be in effect, from time to time, in the State of New York; provided that, in the event that, by reason of mandatory provisions of law, any or all of the attachment, perfection or priority of the Administrative Agent’s or any Lender’s security interest and Lien in any Collateral is governed by the Uniform Commercial Code as in effect in a jurisdiction other than the State of New York, the term “Uniform Commercial Code” shall mean the Uniform Commercial Code as in effect in such other jurisdiction for purposes of the provisions hereof relating to such attachment, perfection or priority and for purposes of definitions related to such provisions.

Unreimbursed Amount” shall have the meaning given to that term in Section 2.02(c)(i).

Unused Revolving Commitment” shall mean, at any time, the remainder of (a) the Revolving Loan Facility at such time minus (b) the sum of the Effective Amount of all Revolving Loans and the Effective Amount of all L/C Obligations outstanding at such time. For the avoidance of doubt, Swing Line Loans shall not be counted as Revolving Loans for purposes of determining the amount of Unused Revolving Commitment.

US” shall mean the United States of America.

US Currency Equivalent” shall mean, with respect to any amount denominated in a Non-US Currency, as of any date of determination, an equivalent amount in Dollars of such amount using the currency exchange rate for such date for the applicable currency in the New York Non-US Currency Exchange Market in trading among banks in amounts of $50,000 or more, set at 11:00 A.M. London Time two Non-US Currency Business Days prior to the date of determination, or, if not so set for such date, as otherwise reasonably determined by the Administrative Agent.

US IP Collateral” shall have the meaning given to that term in Section 4.01(i)(iii).

US Lending Office” shall mean, with respect to any Lender, (a) initially, its office designated as such to the Administrative Agent (or, in the case of any Lender which becomes a Lender by an assignment pursuant to Section 8.05(c), its office designated as such in the applicable Assignment Agreement) and (b) subsequently, such other office or offices as such Lender may designate to the Administrative Agent as the office at which such Lender’s Base

 

41


Rate Loans will thereafter be maintained and for the account of which all payments of principal of, and interest on, such Lender’s Base Rate Loans will thereafter be made.

US Person” shall mean a Person which is organized under the laws of the US or any state thereof.

US Subsidiaries” shall mean all direct or indirect Subsidiaries of CBII which are organized under the laws of the US or any state thereof, other than De Minimis US Subsidiaries.

Wells Fargo” shall mean Wells Fargo Bank, National Association.

SECTION 1.02. GAAP. Unless otherwise indicated in this Agreement or any other Credit Document, all accounting terms used in this Agreement or any other Credit Document shall be construed, and all accounting and financial computations hereunder or thereunder shall be computed, in accordance with GAAP, applied in a consistent manner with the principles used in the preparation of the Financial Statements referred to in Section 4.01(h). If GAAP as in effect on December 31, 2007 (or such later GAAP agreed to by the parties) changes such that any Financial Covenants would then be calculated in a different manner or with different components, the parties will agree to negotiate in good faith to amend this Agreement in such respects as are necessary to conform those Financial Covenants based on criteria for evaluating any CBII Entity’s financial condition and performance to substantially the same criteria as were in effect prior to such change in GAAP; provided, however, that, until the parties so agree or if the parties cannot agree, all such Financial Covenants shall be calculated in accordance with GAAP as in effect on December 31, 2007 (or such later GAAP agreed to by the parties).

SECTION 1.03. Headings. The table of contents, captions and section headings appearing in this Agreement are included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Agreement.

SECTION 1.04. Plural Terms. All terms defined in this Agreement or any other Credit Document in the singular form shall have comparable meanings when used in the plural form and vice versa.

SECTION 1.05. Time. All references in this Agreement and each of the other Credit Documents to a time of day shall mean New York, New York time, unless otherwise indicated.

SECTION 1.06. Governing Law. Unless otherwise expressly provided in any Credit Document, this Agreement and each of the other Credit Documents shall be governed by and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law). The scope of the foregoing governing law provision is intended to be all-encompassing of any and all disputes that may be brought in any court or any mediation or arbitration proceeding and that relate to the subject matter of the Credit Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims.

 

42


SECTION 1.07. Construction. This Agreement is the result of negotiations among, and has been reviewed by, the Borrower, the Lenders, the Administrative Agent and their respective counsel. Accordingly, this Agreement shall be deemed to be the product of all parties hereto, and no ambiguity shall be construed in favor of or against the Borrower, any Lender or the Administrative Agent.

SECTION 1.08. Entire Agreement. This Agreement and each of the other Credit Documents, taken together, constitute and contain the entire agreement of the Borrower, the Lenders and the Administrative Agent and supersede any and all prior agreements, negotiations, correspondence, understandings and communications among the parties, whether written or oral, respecting the subject matter hereof including, except for the Commitment Letter to the extent of the provisions that are expressly set forth therein to continue and survive after the Effective Date.

SECTION 1.09. Calculation of Interest and Fees. All calculations of interest and fees under this Agreement and the other Credit Documents for any period (a) shall include the first day of such period and exclude the last day of such period and (b) shall be calculated on the basis of a year of 360 days for actual days elapsed.

SECTION 1.10. References.

(a) References in this Agreement to “Articles”, “Recitals”, “Sections”, “Paragraphs”, “Exhibits” and “Schedules” are to articles, recitals, sections, paragraphs, exhibits and schedules herein and hereto unless otherwise indicated.

(b) References in this Agreement or any other Credit Document to any document, instrument or agreement (i) shall include all exhibits, schedules and other attachments thereto, (ii) shall include all documents, instruments or agreements issued or executed in replacement thereof if such replacement is permitted hereby and (iii) shall mean such document, instrument or agreement, or replacement or predecessor thereto, as amended, restated, supplemented or modified from time to time and in effect at any given time if such amendment, restatement, supplement or modification is permitted hereby.

(c) References in this Agreement or any other Credit Document to any Governmental Rule (i) shall include any successor Governmental Rule, (ii) shall include all rules and regulations promulgated under such Governmental Rule (or any successor Governmental Rule) and (iii) shall mean such Governmental Rule (or successor Governmental Rule) and such rules and regulations, as amended, modified, codified or reenacted from time to time and in effect at any given time.

(d) References in this Agreement or any other Credit Document to any Person in a particular capacity (i) shall include any successors to and permitted assigns of such Person in that capacity and (ii) shall exclude such Person individually or in any other capacity.

SECTION 1.11. Other Interpretive Provisions. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement or any other Credit Document shall refer to this Agreement or such other Credit Document, as the case may be, as a whole and not to any particular provision of this Agreement or such other Credit Document, as the case may be. The words “include” and “including” and words of similar import when used in

 

43


this Agreement or any other Credit Document shall not be construed to be limiting or exclusive. In the event of any inconsistency between the terms of this Agreement and the terms of any other Credit Document, the terms of this Agreement shall govern.

SECTION 1.12. Rounding. Any financial ratios required to be maintained by CBII or the Borrower pursuant to this Agreement shall be calculated by dividing the appropriate component by the other component, carrying the result to one place more than the number of places by which such ratio is expressed in this Agreement and rounding the result up or down to the nearest number (with a round-up if there is no nearest number) to the number of places by which such ratio is expressed in this Agreement.

ARTICLE II CREDIT FACILITIES

SECTION 2.01. The Credit Facilities.

(a) Term Loan Facility. Each Term Lender severally agrees, on the terms and conditions hereinafter set forth, to make a single advance in Dollars (a “Term Loan”) to the Borrower on the Effective Date in an amount not to exceed such Lender’s Term Loan Commitment at such time. The Term Loan Borrowing shall consist of Term Loans made simultaneously by the Term Lenders ratably according to their Term Loan Commitments. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed.

(b) Revolving Loan Facility. On the terms and subject to the conditions of this Agreement, each Revolving Lender severally agrees to advance to the Borrower from time to time during the period beginning on the Effective Date up to, but not including the Termination Date, such loans in Dollars as the Borrower may request under this Section 2.01(b) (individually, a “Revolving Loan”); provided, however, that (i) the sum of (A) the Effective Amount of all Revolving Loans made by such Lender at any time outstanding and (B) such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall not exceed such Lender’s Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall not exceed the Revolving Loan Facility at such time. All Revolving Loans shall be made on a pro rata basis by the Revolving Lenders in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of a Revolving Loan by each Revolving Lender equal to such Lender’s Revolving Proportionate Share of such Revolving Loan Borrowing. Except as otherwise provided herein, the Borrower may borrow, repay and reborrow Revolving Loans until the Termination Date in respect of the Revolving Loan Facility.

(c) Notice of Borrowing. The Borrower shall request each Borrowing (other than a Swing Line Borrowing) by delivering to the Administrative Agent an irrevocable written notice in the form of Exhibit A, duly executed by an Officer of the Borrower and appropriately completed (a “Notice of Borrowing”), which specifies, among other things:

(i) The Facility under which such Borrowing is to be made;

 

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(ii) The principal amount of the requested Borrowing, which shall be in the amount of (A) $1,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans or (B) $3,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;

(iii) Whether the requested Borrowing is to consist of Base Rate Loans or LIBOR Loans;

(iv) If the requested Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrower for such LIBOR Loans in accordance with Section 2.01(h); and

(v) The date of the requested Borrowing, which shall be a Business Day.

The Borrower shall give each Notice of Borrowing to the Administrative Agent not later than 11:00 a.m. at least three Business Days before the date of the requested Borrowing in the case of a Borrowing consisting of LIBOR Loans and not later than 11:00 a.m. at least one Business Day before the date of the requested Borrowing in the case of a Borrowing consisting of Base Rate Loans. Each Notice of Borrowing shall be delivered by first-class mail, or facsimile or e-mail transmission to the Administrative Agent at the facsimile number, e-mail address, and/or address specified on Schedule IV and during the hours specified in Section 8.01; provided, however, that the Borrower shall, if requested by the Administrative Agent, deliver to the Administrative Agent by first-class mail the original of any Notice of Borrowing initially delivered by facsimile or e-mail transmission. The Administrative Agent shall promptly notify each Appropriate Lender of the contents of each Notice of Borrowing and of the amount and Type of (and, if applicable, the Interest Period for) Loan to be made by such Lender as part of the requested Borrowing.

(d) Interest Rates. The Borrower shall pay interest on the unpaid principal amount of each Loan from the date of such Loan until paid in full, at one of the following rates per annum:

(i) During such periods as such Loan is a Base Rate Loan, at a rate per annum equal to the Base Rate plus the Applicable Margin therefor, such rate to change from time to time as the Applicable Margin or Base Rate shall change; and

(ii) During such periods as such Loan is a LIBOR Loan, at a rate per annum equal at all times during each Interest Period for such LIBOR Loan to the LIBOR Rate for such Interest Period plus the Applicable Margin therefor, such rate to change from time to time during such Interest Period as the Applicable Margin shall change.

(e) Interest Payments. The Borrower shall pay accrued interest on the unpaid principal amount of each Loan in arrears (A) in the case of a Base Rate Loan, on the last Business Day of each quarter, (B) in the case of a LIBOR Loan, on the last day of each Interest Period therefor (and, if any such Interest Period is longer than three months, every three months after the first day of such Interest Period) and (C) in the case of all Loans, upon prepayment (to the extent thereof) and on the Termination Date.

 

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(f) Number of Borrowings. The number of Revolving Loan Borrowings consisting of LIBOR Loans shall not exceed 10 at any time, and the number of Term Loan Borrowings consisting of LIBOR Loans shall not exceed two at any time.

(g) Conversion of Loans. Subject to Section 2.13, the Borrower may convert all or part of the Loans comprising a Revolving Loan Borrowing or a Term Loan Borrowing from one Type to the other Type; provided, however, that no Base Rate Loan may be converted into a LIBOR Loan after the occurrence and during the continuance of an Event of Default, and provided, further, that any conversion of a LIBOR Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 2.13. The Borrower shall request such a conversion by delivering an irrevocable written notice to the Administrative Agent in the form of Exhibit B, duly executed by an Officer of the Borrower and appropriately completed (a “Notice of Conversion”), specifying, among other things:

(i) The Borrowing which is to be converted;

(ii) The Type of Borrowing into which such Borrowing is to be converted;

(iii) If such Borrowing is to be converted into a Borrowing consisting of LIBOR Loans, the initial Interest Period selected by the Borrower for such LIBOR Loans in accordance with Section 2.01(h); and

(iv) The date of the requested conversion, which shall be a Business Day.

The Borrower shall give each Notice of Conversion to the Administrative Agent not later than 11:00 a.m. at least three Business Days before the date of the requested conversion. Each Notice of Conversion shall be delivered by first-class mail or facsimile or e-mail transmission to the Administrative Agent at the facsimile number, e-mail address, and/or address specified on Schedule IV and during the hours specified in Section 8.01; provided, however, that the Borrower shall, if requested by the Administrative Agent, promptly deliver to the Administrative Agent by first-class mail the original of any Notice of Conversion initially delivered by facsimile or e-mail transmission. The Administrative Agent shall promptly notify each Appropriate Lender of the contents of each Notice of Conversion.

(h) LIBOR Loan Interest Periods.

(i) The initial and each subsequent Interest Period selected by the Borrower for the LIBOR Loans comprising all or part of a Borrowing shall be one, two, three or six months (or, if all Appropriate Lenders agree, nine or 12 months); provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; and (C) no Interest Period for all or part of the Loans comprising a Revolving Loan Borrowing or a Term

 

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Loan Borrowing, as applicable, shall end after the Termination Date for the applicable Commitment. Notwithstanding the foregoing, the Borrower shall not select any LIBOR Loans until the syndication of the Facilities shall have been completed as separately agreed by and between the Lead Arranger and the Borrower.

(ii) The Borrower shall notify the Administrative Agent by an irrevocable written notice in the form of Exhibit C, duly executed by an Officer of the Borrower and appropriately completed (a “Notice of Interest Period Selection”), not later than 11:00 a.m. at least three Business Days prior to the last day of each Interest Period for LIBOR Loans comprising all or part of a Borrowing, of the Interest Period selected by the Borrower for the next succeeding Interest Period for such LIBOR Loans; provided, however, that no LIBOR Loan shall be continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default. Each Notice of Interest Period Selection shall be given by first-class mail or facsimile or e-mail transmission to the Administrative Agent at the facsimile number, e-mail address, and/or address and during the hours specified in Schedule IV; provided, however, that the Borrower shall, if requested by the Administrative Agent, promptly deliver to the Administrative Agent by first-class mail the original of any Notice of Interest Period Selection initially delivered by facsimile or e-mail transmission. If (A) the Borrower fails to notify the Administrative Agent of the next Interest Period for any LIBOR Loans comprising all or part of a Borrowing in accordance with this Section 2.01(h) or (B) an Event of Default has occurred and is continuing on the last date of an Interest Period for any LIBOR Loan, such LIBOR Loan(s) shall automatically convert to Base Rate Loan(s) at the end of the last day of the current Interest Period therefor. The Administrative Agent shall promptly notify each Appropriate Lender of the contents of each Notice of Interest Period Selection.

(i) Scheduled Revolving Loan Repayments. The Borrower shall repay the principal amount of the Revolving Loans on the Termination Date in respect of the Revolving Loan Facility.

(j) Scheduled Term Loan Repayments. The Borrower shall repay to the Administrative Agent for the ratable account of the Term Lenders the aggregate outstanding principal amount of the Term Loans on the following dates in the amounts indicated (which amounts shall be reduced as a result of the application of prepayments in accordance with Section 2.06):

 

Date

   Amount  
June 30, 2008    $ 2,500,000   
September 30, 2008    $ 2,500,000   
December 31, 2008    $ 2,500,000   
March 31, 2009    $ 2,500,000   
June 30, 2009    $ 2,500,000   
September 30, 2009    $ 2,500,000   
December 31, 2009    $ 2,500,000   
March 31, 2010    $ 2,500,000   
June 30, 2010    $ 5,000,000   

 

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Date

   Amount  
September 30, 2010    $ 5,000,000   
December 31, 2010    $ 5,000,000   
March 31, 2011    $ 5,000,000   
June 30, 2011    $ 5,000,000   
September 30, 2011    $ 5,000,000   
December 31, 2011    $ 5,000,000   
March 31, 2012    $ 5,000,000   
June 30, 2012    $ 5,000,000   
September 30, 2012    $ 5,000,000   
December 31, 2012    $ 5,000,000   
March 31, 2013    $ 5,000,000   
June 30, 2013    $ 5,000,000   
September 30, 2013    $ 5,000,000   
December 31, 2013    $ 5,000,000   
March 31, 2014    $ 105,000,000   

provided, however, that the final principal installment shall be repaid on the Termination Date in respect of the Term Loan Facility and in any event shall be in an amount equal to the aggregate principal amount of the Term Loans outstanding on such date.

(k) Purpose.

(i) The Borrower shall use the proceeds of the Revolving Loans, Swing Line Loans and Letters of Credit to: (A) provide for the working capital, Capital Expenditures and general purpose needs of any Borrower Entity; (B) pay fees and expenses incurred in connection with the Transaction; (C) finance Permitted Acquisitions and related expenses; (D) notwithstanding any continuing Event of Default, finance, through Distributions, loans, or other transfers to CBII, CBII Overhead Expenses; and (E) subject to compliance with Section 5.02(f), finance, through Distributions, loans, or other transfers to CBII, any working capital and general corporate needs of CBII.

(ii) The Borrower shall use the proceeds of the Term Loans to: (A) pay fees and expenses related to the Transaction; and (B) refinance certain existing Indebtedness of the Borrower, including all obligations under the Existing Credit Agreement and the other Credit Documents (as defined in the Existing Credit Agreement); (C) provide for the working capital, Capital Expenditures and general purpose needs of any Borrower Entity; (D) finance Permitted Acquisitions and related expenses; (E) notwithstanding any continuing Event of Default, finance, through Distributions, loans, or other transfers to CBII, CBII Overhead Expenses; and (F) subject to compliance with Section 5.02(f), finance, through Distributions, loans, or other transfers to CBII, any working capital and general corporate needs of CBII.

(l) The Other Obligations. In addition to the foregoing, the Borrower hereby promises to pay all Obligations, including, without limitation, the principal amount of the Loans,

 

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amounts drawn under Letters of Credit and interest and fees on the foregoing, as the same become due and payable hereunder and, in any event, on the applicable Termination Date.

SECTION 2.02. Letters of Credit.

(a) The Letter of Credit Commitment.

(i) On the terms and subject to the conditions set forth herein, (A) the L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.02, (1) from time to time on any Business Day during the period from the Effective Date until the Letter of Credit Expiration Date, to issue Letters of Credit in Dollars (or in Non-US Currency) for the account of the Borrower, (2) from time to time on any Business Day during the period from the Effective Date until the Letter of Credit Expiration Date, to amend or renew Letters of Credit previously issued by it, in accordance with Section 2.02(b) and (3) to honor drafts under the Letters of Credit issued by it and (B) the Revolving Lenders severally agree to participate in Letters of Credit issued for the account of the Borrower; provided that the L/C Issuer shall not be obligated to make any L/C Credit Extension with respect to any Letter of Credit, and no Revolving Lender shall be obligated to participate in any Letter of Credit, if as of the date of such L/C Credit Extension, (x) the Effective Amount of all Revolving Loans, Swing Line Loans and L/C Obligations would exceed the Revolving Loan Facility at such time, (y) the aggregate Effective Amount of the Revolving Loans of any Revolving Lender, plus such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations, plus such Lender’s Revolving Proportionate Share of the Effective Amount of all Swing Line Loans would exceed such Lender’s Revolving Loan Commitment or (z) either (i) the Effective Amount of the L/C Obligations would exceed the Letter of Credit Sublimit or (ii) the Effective Amount of the L/C Obligations in respect of Non-US Currency Letters of Credit would exceed the Non-US Currency Letter of Credit Sublimit. Within the foregoing limits, and on the terms and subject to the conditions hereof, the Borrower’s ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrower may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

(ii) An L/C Issuer shall be under no obligation to issue any Letter of Credit if:

(A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing such Letter of Credit, or any Requirement of Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which the L/C Issuer in good faith deems material to it;

 

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(B) subject to Section 2.02(b)(iii), the expiry date of such requested Letter of Credit would occur more than 12 months after the date of issuance or last renewal, unless the Required Revolving Lenders have approved such expiry date;

(C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all of the Revolving Lenders have approved such expiry date;

(D) the issuance of such Letter of Credit would violate one or more policies of general application of the L/C Issuer;

(E) only with respect to a request for a Non-US Currency Letter of Credit, the L/C Issuer determines that current or reasonably expected market conditions for the applicable Non-US Currency are unusually unstable or would make it unlawful, impossible or impracticable for the L/C Issuer to fund or hedge its obligations under the Non-US Currency Letter of Credit; or

(F) such Letter of Credit is: in a face amount less than $50,000 (or the US Currency Equivalent thereof on the date of issuance).

(iii) An L/C Issuer shall be under no obligation to amend any Letter of Credit if (A) the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit.

(b) Procedures for Issuance and Amendment of Letters of Credit; Evergreen Letters of Credit.

(i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an Officer of the Borrower. Such Letter of Credit Application must be received by the L/C Issuer and the Administrative Agent not later than 11:00 a.m., at least two Business Days (or such later date and time as the L/C Issuer may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which date shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) such other matters as the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer (1) the Letter of Credit to be amended; (2) the proposed date of amendment thereof (which date shall be a Business Day); (3) the nature of the proposed amendment; and (4) such other matters as the L/C Issuer may reasonably require.

 

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(ii) Promptly after receipt of any Letter of Credit Application, the L/C Issuer will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Application from the Borrower and, if not, the L/C Issuer will provide the Administrative Agent with a copy thereof. Upon receipt by the L/C Issuer of confirmation from the Administrative Agent that the requested issuance or amendment is permitted in accordance with the terms hereof, then, subject to the terms and conditions hereof, the L/C Issuer shall, on the requested date, issue a Letter of Credit for the account of the Borrower or enter into the applicable amendment, as the case may be, in each case in accordance with the L/C Issuer’s usual and customary business practices. Immediately upon the issuance of each Letter of Credit, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the L/C Issuer a participation in such Letter of Credit in an amount equal to the product of such Lender’s then-current Revolving Proportionate Share times the amount of such Letter of Credit. The Administrative Agent shall promptly notify each Revolving Lender upon the issuance of a Letter of Credit.

(iii) If the Borrower so requests in any applicable Letter of Credit Application, the L/C Issuer may, but shall not be obligated to, agree to issue a Letter of Credit that has automatic renewal provisions (each, an “Evergreen Letter of Credit”); provided that any such Evergreen Letter of Credit must permit the L/C Issuer to prevent any such renewal at least once in each 12 month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day (the “Nonrenewal Notice Date”) in each such 12 month period to be agreed upon at the time such Letter of Credit is issued. Unless otherwise directed by an L/C Issuer, the Borrower shall not be required to make a specific request to the L/C Issuer for any such renewal. Once an Evergreen Letter of Credit has been issued, the Revolving Lenders shall be deemed to have authorized (but may not require) the L/C Issuer to permit the renewal of such Letter of Credit at any time to a date not later than the Letter of Credit Expiration Date (and for avoidance of doubt, any Evergreen Letter of Credit to be renewed, whether automatically or at the request of the Borrower, to a date later than the Letter of Credit Expiration Date shall require the approval of all Revolving Lenders); provided, however, that the L/C Issuer shall not permit any such renewal if it has received notice (which may be by telephone or in writing) on or before the Business Day immediately preceding the Nonrenewal Notice Date (A) from the Administrative Agent that the Required Revolving Lenders have elected not to permit such renewal or (B) from the Administrative Agent, any Revolving Lender or the Borrower that one or more of the applicable conditions specified in Section 3.02 is not then satisfied, and provided, further, that the L/C Issuer shall not be obligated to permit any such renewal if the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its renewed form under the terms hereof. Notwithstanding anything to the contrary contained herein, the L/C Issuer shall have no obligation to permit the renewal of any Evergreen Letter of Credit at any time.

(iv) Promptly after its delivery of any Letter of Credit or any amendment to a Letter of Credit to an advising bank with respect thereto or to the beneficiary thereof, the L/C Issuer will also deliver to the Borrower and the Administrative Agent a true and complete copy of such Letter of Credit or amendment.

 

51


(c) Drawings and Reimbursements; Funding of Participations.

(i) Upon any drawing under any Letter of Credit, the L/C Issuer shall notify the Borrower and the Administrative Agent of the amount to be paid by the L/C Issuer as a result of such drawing and the date on which payment is to be made by the L/C Issuer to the beneficiary of such Letter of Credit in respect of such drawing. Not later than 11:00 a.m., on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an “Honor Date”), the Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing (any reimbursement with respect to amounts drawn under a Non-US Currency Letter of Credit shall be paid in the applicable Non-US Currency, except that upon the occurrence and during the continuance of a Default, the Administrative Agent may require that any reimbursement be paid in the US Currency Equivalent of such amount). If the Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and such Revolving Lender’s Revolving Proportionate Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Loan Borrowing of Base Rate Loans to be disbursed on the Honor Date in an amount equal to the Unreimbursed Amount (provided that in the case of an Unreimbursed Amount in a Non-US Currency (a “Non-US Currency Unreimbursed Amount”), such amount shall be the US Currency Equivalent of such amount plus any related transaction costs, all of which are the Borrower’s responsibility), without regard to the minimum and multiples specified in Section 2.01 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Loan Facility and the conditions set forth in Section 3.02 (other than the delivery of a Notice of Borrowing). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this Section 2.02(c)(i) may be given by telephone if immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.

(ii) Each Revolving Lender (including the Revolving Lender acting as L/C Issuer), on a several basis, shall upon any notice pursuant to Section 2.02(c)(i) make funds available to the Administrative Agent for the account of the L/C Issuer at the Administrative Agent’s office in an amount equal to its Revolving Proportionate Share of the Unreimbursed Amount not later than 1:00 p.m. on the Business Day specified in such notice by the Administrative Agent, whereupon, subject to the provisions of Section 2.02(c)(iii), each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the L/C Issuer.

(iii) With respect to any Unreimbursed Amount that is not fully refinanced by a Revolving Loan Borrowing because the conditions set forth in Section 3.02 cannot be satisfied or for any other reason, the Borrower shall be deemed to have incurred from the L/C Issuer an L/C Borrowing in the amount of the Unreimbursed Amount that is not so refinanced, which L/C Borrowing shall be due and payable upon demand by the Administrative Agent (together with interest) and shall bear interest at the Default Rate (provided that interest on any Non-US Currency Unreimbursed Amount shall accrue based on the US Currency Equivalent as of any date of determination of such Non-US Currency Unreimbursed Amount). In such event, each Revolving Lender’s payment to the Administrative Agent for the account of the L/C

 

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Issuer pursuant to Section 2.02(c)(ii) shall be deemed payment in respect of its participation in such L/C Borrowing and shall constitute an L/C Advance from such Revolving Lender in satisfaction of its participation obligation under this Section 2.02 (provided that in the case of any Non-US Currency Unreimbursed Amount, any such amount shall be such Revolving Lender’s Revolving Proportionate Share of the US Currency Equivalent of such amount plus any related transaction costs, all of which are the Borrower’s responsibility).

(iv) Until each Revolving Lender funds its Revolving Loan or L/C Advance pursuant to this Section 2.02(c) to reimburse the L/C Issuer for any amount drawn under any Letter of Credit, interest in respect of such Revolving Lender’s Revolving Proportionate Share of such amount shall be solely for the account of the L/C Issuer.

(v) Each Revolving Lender’s obligation to make Revolving Loans or L/C Advances to reimburse the L/C Issuer for, or participate in, amounts drawn under Letters of Credit, as contemplated by this Section 2.02(c), shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the L/C Issuer, the Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing (including any event described in Sections 2.02(e)(i) through 2.02(e)(vi)). Any such reimbursement shall not relieve or otherwise impair the obligation of the Borrower to reimburse the L/C Issuer for the amount of any payment made by the L/C Issuer under any Letter of Credit, together with interest as provided herein.

(vi) If any Revolving Lender fails to make available to the Administrative Agent for the account of the L/C Issuer any amount required to be paid by such Revolving Lender pursuant to the foregoing provisions of this Section 2.02(c) by the time specified in Section 2.02(c)(ii), the L/C Issuer shall be entitled to recover from such Revolving Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the L/C Issuer at a per annum rate equal to (A) the daily Federal Funds Rate during the period from the date such payment is required through the third day thereafter and (B) the rate applicable to Base Rate Loans thereafter. A certificate of the L/C Issuer submitted to any Revolving Lender (through the Administrative Agent) with respect to any amounts owing under this Section 2.02(c)(vi) shall be conclusive absent manifest error.

(d) Repayment of Participations.

(i) At any time after an L/C Issuer has made a payment under any Letter of Credit and has received from any Revolving Lender such Revolving Lender’s L/C Advance in respect of such payment in accordance with Section 2.02(c), if the Administrative Agent receives for the account of the L/C Issuer any payment related to such Letter of Credit (whether directly from the Borrower or otherwise, including proceeds of cash collateral applied thereto by the Administrative Agent), or any payment of interest thereon, the Administrative Agent will distribute to such Revolving Lender its Revolving Proportionate Share thereof in the same funds as those received by the Administrative Agent.

 

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(ii) If any payment received by the Administrative Agent for the account of the L/C Issuer pursuant to Section 2.02(c)(i) is required to be returned, each Revolving Lender shall pay to the Administrative Agent for the account of the L/C Issuer its Revolving Proportionate Share thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand to the date such amount is returned by such Revolving Lender, at a per annum rate equal to (A) the daily Federal Funds Rate during the period from the date of such demand through the third day thereafter and (B) the rate applicable to Base Rate Loans thereafter.

(e) Obligations Absolute. The obligation of the Borrower to reimburse the L/C Issuer for each drawing under each Letter of Credit, and to repay each L/C Borrowing and each drawing under a Letter of Credit that is refinanced by a Borrowing of Revolving Loans, shall be absolute, unconditional and irrevocable, and shall be paid strictly in accordance with the terms of this Agreement and the other Credit Documents under all circumstances, including the following:

(i) any lack of validity or enforceability of such Letter of Credit, this Agreement, the Credit Documents, or any other agreement or instrument relating thereto;

(ii) any change in the time, manner or place of payment of, or in any other term of, all or any of the obligations of the Borrower in respect of any Letter of Credit or any other amendment or waiver of, or any consent to departure from, all or any of the Credit Documents;

(iii) the existence of any claim, counterclaim, set-off, defense or other right that the Borrower may have at any time against any beneficiary or any transferee of such Letter of Credit (or any Person for whom any such beneficiary or any such transferee may be acting), the L/C Issuer or any other Person, whether in connection with this Agreement, the transactions contemplated hereby or by such Letter of Credit or any agreement or instrument relating thereto, or any unrelated transaction;

(iv) any draft, demand, certificate or other document presented under such Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; or any loss or delay in the transmission or otherwise of any document required in order to make a drawing under such Letter of Credit;

(v) any payment by the L/C Issuer under such Letter of Credit against presentation of a draft or certificate that does not strictly comply with the terms of such Letter of Credit; or any payment made by the L/C Issuer under such Letter of Credit to any Person purporting to be a trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, liquidator, receiver or other representative of or successor to any beneficiary or any transferee of such Letter of Credit, including any arising in connection with any proceeding under any Debtor Relief Law; or

 

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(vi) any other circumstance or happening whatsoever, whether or not similar to any of the foregoing, including any other circumstance that might otherwise constitute a defense available to, or a discharge of, the Borrower.

The Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with the Borrower’s instructions or other irregularity, the Borrower will promptly, and in any event prior to the L/C Issuer taking any applicable action with respect to such Letter of Credit, notify the L/C Issuer. The Borrower shall be conclusively deemed to have waived any such claim against the L/C Issuer and its correspondents unless such notice is given before the action giving rise to such claims has been taken.

(f) Role of L/C Issuer. Each of the Borrower and the Revolving Lenders agrees that, in paying any drawing under a Letter of Credit, the L/C Issuer shall not have any responsibility to obtain any document (other than any sight draft, certificates and documents expressly required by the Letter of Credit) or to ascertain or inquire as to the validity or accuracy of any such document or the authority of the Person executing or delivering any such document. Neither the Administrative Agent nor the L/C Issuer nor any of their respective affiliates, directors, officers, employees, agents or advisors nor any of the correspondents, participants or assignees of the L/C Issuer shall be liable to any Revolving Lender for (i) any action taken or omitted in connection herewith at the request or with the approval of the Revolving Lenders or the Required Revolving Lenders, as applicable; (ii) any action taken or omitted in the absence of gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction, or (iii) the due execution, effectiveness, validity or enforceability of any document or instrument related to any Letter of Credit or Letter of Credit Application. The Borrower hereby assumes all risks of the acts or omissions of any beneficiary or transferee with respect to its use of any Letter of Credit; provided, however, that this assumption is not intended to, and shall not, preclude the Borrower’s pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement. Neither the Administrative Agent nor the L/C Issuer nor any of their respective affiliates, directors, officers, employees, agents or advisors nor any of the correspondents, participants or assignees of the L/C Issuer shall be liable or responsible for any of the matters described in Section 2.02(e)(i) through 2.02(e)(vi); provided, however, that anything in such Sections to the contrary notwithstanding, the Borrower may have a claim against the L/C Issuer, and the L/C Issuer may be liable to the Borrower, to the extent, but only to the extent, of any direct, as opposed to consequential or exemplary, damages suffered by the Borrower which the Borrower proves were caused by the L/C Issuer’s willful misconduct or gross negligence (as determined by a final non-appealable judgment of a court of competent jurisdiction). In furtherance and not in limitation of the foregoing, the L/C Issuer may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary, and the L/C Issuer shall not be responsible for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason.

(g) Cash Collateral. Upon the request of the Administrative Agent, (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such

 

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drawing has resulted in an L/C Borrowing or (ii) if, as of the Termination Date in respect of the Revolving Loan Facility, any Letter of Credit may for any reason remain outstanding and partially or wholly undrawn, the Borrower shall immediately Cash Collateralize the Obligations in respect of such Letter of Credit in an amount equal to the then Effective Amount of the L/C Obligations. The Borrower hereby grants the Administrative Agent, for the benefit of the L/C Issuer and the Revolving Lenders, a Lien on all such cash and deposit account balances described in the definition of “Cash Collateralize” as security for such Obligations in respect of such Letter of Credit. Cash collateral shall be maintained in blocked, interest bearing deposit accounts at Rabobank, N.A. or another institution satisfactory to the Administrative Agent. The Lien held by the Administrative Agent in such cash collateral to secure such Obligations shall be released upon the satisfaction of each of the following conditions: (a) no Letters of Credit shall be outstanding; (b) all L/C Obligations shall have been repaid in full; and (c) no Default shall have occurred and be continuing. To the extent that such cash collateral exceeds the L/C Obligations as Letters of Credit expire or are replaced or L/C Obligations decrease, such excess cash collateral shall be released to, or as directed by, the Borrower; provided, however, that no Event of Default shall exist and be continuing.

(h) Applicability of ISP98 and UCP. Unless otherwise expressly agreed to by the L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

(i) Letter of Credit Fees. The Borrower shall pay to the Administrative Agent, for the account of each Revolving Lender in accordance with such Revolving Lender’s Revolving Proportionate Share, a Letter of Credit fee for each Letter of Credit equal to the Letter of Credit Fee Percentage (plus an additional 2% per annum, if an Event of Default has occurred and is continuing) on the undrawn amount of such Letter of Credit (which amount shall be the US Currency Equivalent in the case of Non-US Currency Letters of Credit), prorated, if applicable, in the case of a renewal date or an expiry date of less than one year. Such fee for each Letter of Credit shall be due and payable after the issuance thereof, and any renewal or extension thereof (whether by amendment, automatic or otherwise). The fee is due and payable quarterly in arrears with each payment for the preceding quarter due on the first Business Day of the calendar month immediately following such quarter, and is nonrefundable.

(j) Issuance Fee; Documentary, Presentation, Amendment, and Processing Charges Payable to L/C Issuer. The Borrower shall pay directly to the L/C Issuer for its own account (i) an issuance fee in an amount with respect to each Letter of Credit (whether standby or commercial) equal to 0.125% of the amount of such Letter of Credit (which amount shall be the US Currency Equivalent in the case of Non-US Currency Letters of Credit), due and payable upon each L/C Credit Extension with respect to such Letter of Credit and (ii) the customary, documentary, presentation, amendment, and processing fees, and other standard published costs and charges, of the L/C Issuer relating to letters of credit as from time to time in effect; provided, however, that any Letters of Credit issued for the benefit of Wachovia Bank, National Association, in connection with letters of credit existing under the Existing Credit Agreement, on

 

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the Effective Date shall not be subject to new or additional issuance, customary, documentary or processing fees on the Effective Date as a result of such issuance. Any applicable fees and charges are due and payable on demand and are non-refundable.

(k) Non-US Currency Letters of Credit Computation of US Currency Equivalent. The Administrative Agent will determine the US Currency Equivalent with respect to any Non-US Currency Letter of Credit (i) as of the date of issuance thereof, (ii) at least one time each fiscal quarter and (iii) at such other times as reasonably requested by the Borrower or any Lender (each, “Computation Date”). The Administrative Agent will provide the Borrower with written notice of the amount determined pursuant to this Section 2.02(k) from time to time, including following the end of each fiscal quarter. Upon receipt of such notice and upon the request of the Administrative Agent, if the Non-US Currency Letter of Credit Sublimit shall be exceeded on any Computation Date, whether as a result of market fluctuation of the applicable Non-US Currency or otherwise, the Borrower shall (A) immediately prepay the Obligations in respect of the Revolving Loan Facility in the manner set forth in Section 2.06(e) or (B) if requested by the Administrative Agent, Cash Collateralize the Obligations in respect of any outstanding Letter of Credit in the manner set forth in Section 2.02(g), in either case, in an aggregate principal amount equal to such excess.

(l) Conflict with Letter of Credit Application. In the event of any conflict between the terms hereof and the terms of any Letter of Credit Application, the terms hereof shall control.

SECTION 2.03. Swing Line.

(a) The Swing Line. On the terms and subject to the conditions set forth herein, the Swing Line Lender agrees to make loans (each such loan, a “Swing Line Loan”) in Dollars to the Borrower from time to time on any Business Day during the period from the Effective Date to the Termination Date in respect of the Revolving Loan Facility in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Effective Amount of Revolving Loans of the Swing Line Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender’s Revolving Loan Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the aggregate Effective Amount of all Revolving Loans, Swing Line Loans and L/C Obligations shall not exceed the Revolving Loan Facility at such time and (ii) the aggregate Effective Amount of the Revolving Loans of any Revolving Lender (other than the Swing Line Lender), plus such Revolving Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations, plus such Revolving Lender’s Revolving Proportionate Share of the Effective Amount of all Swing Line Loans shall not exceed such Revolving Lender’s Revolving Loan Commitment, and provided, further, that the Swing Line Lender shall not make any Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.03, prepay under Section 2.06, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Lender, on a several basis, shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the

 

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product of such Revolving Lender’s Revolving Proportionate Share times the amount of such Swing Line Loan; provided, however, that the Revolving Lenders shall not have an obligation to purchase risk participations from the Swing Line Lender if the relevant Swing Line Loan was made without consent of the Required Revolving Lenders during the existence of an Event of Default with respect to which the Swing Line Lender has received a written notice from a Lender or the Borrower, referring to this Agreement, describing such Event of Default and stating that such notice is a “Notice of Event of Default”. The Borrower shall pay all outstanding principal on Swing Line Loans (which may be refinanced as provided in Section 2.03(c)) on the fifteenth day of each month (or, if such date is not a Business Day, the next Business Day) and the last Business Day of each month.

(b) Borrowing Procedures. Each Swing Line Borrowing shall be made upon the Borrower’s irrevocable notice to the Swing Line Lender and the Administrative Agent, which may be given by telephone. Each such notice must be received by the Swing Line Lender and the Administrative Agent not later than 9:00 a.m., on the requested borrowing date, and shall specify (i) the amount to be borrowed, which amount shall be a minimum amount of $250,000 or an integral multiple of $50,000 in excess thereof, and (ii) the requested borrowing date, which shall be a Business Day. Each such telephonic notice must be confirmed promptly by delivery to the Swing Line Lender and the Administrative Agent of a written Notice of Swing Line Borrowing, appropriately completed and signed by an Officer of the Borrower. Promptly after receipt by the Swing Line Lender of any telephonic Notice of Swing Line Borrowing, the Swing Line Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Notice of Swing Line Borrowing and, if not, the Swing Line Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Unless the Swing Line Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Lender) prior to 12:00 noon on the date of the proposed Swing Line Borrowing (A) directing the Swing Line Lender not to make such Swing Line Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.03(a) or (B) that one or more of the applicable conditions specified in Section 3.02 is not then satisfied, then, subject to the terms and conditions hereof, the Swing Line Lender will, not later than 1:00 p.m. on the borrowing date specified in such Notice of Swing Line Borrowing, make the amount of its Swing Line Loan available to the Borrower at its office by crediting the account of the Borrower on the books of the Swing Line Lender in immediately available funds.

(c) Refinancing of Swing Line Loans.

(i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrower (which hereby irrevocably authorizes and requests the Swing Line Lender to act on its behalf), that each Revolving Lender make a Base Rate Loan in an amount equal to such Revolving Lender’s Revolving Proportionate Share of the amount of Swing Line Loans then outstanding. Such request shall be made to the Administrative Agent by not later than 12:00 noon on the Business Day before the date of the requested refinancing and shall specify the amount of Swing Line Loans then outstanding and the date on which the Base Rate Loan is to be made and shall be subject to the unutilized portion of the Revolving Loan Facility and the conditions set forth in Section 3.02 (other than delivery of a Notice of Borrowing). The Swing Line Lender shall furnish the Borrower with a copy of the

 

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applicable request promptly after delivering such notice to the Administrative Agent. The Administrative Agent shall promptly notify each Appropriate Lender of the contents of the applicable request. Each Revolving Lender shall make an amount equal to its Revolving Proportionate Share of the amount specified in such request available to the Administrative Agent in immediately available funds for the account of the Swing Line Lender at the Administrative Agent’s Office not later than 12:00 noon, on the day specified in such request, whereupon, subject to Section 2.03(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

(ii) If for any reason any Revolving Loan Borrowing cannot be requested in accordance with Section 2.03(c)(i) or any Swing Line Loan cannot be refinanced by such a Revolving Loan Borrowing, the request submitted by the Swing Line Lender shall be deemed to be a request by the Swing Line Lender that each of the Revolving Lenders fund its participation in the relevant Swing Line Loan and each Revolving Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.03(c)(i) shall be deemed payment in respect of such participation.

(iii) If any Revolving Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Revolving Lender pursuant to the foregoing provisions of this Section 2.03(c) by the time specified in Section 2.03(c)(i), the Swing Line Lender (acting through the Administrative Agent) shall be entitled to recover from such Revolving Lender, on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a per annum rate equal to (A) the daily Federal Funds Rate during the period from the date such payment is required through the third day thereafter and (B) the rate applicable to Base Rate Loans thereafter. A certificate of the Swing Line Lender submitted to any Revolving Lender (through the Administrative Agent) with respect to any amounts owing under this Section 2.03(c)(iii) shall be conclusive absent manifest error.

(iv) Each Revolving Lender’s obligation to make Revolving Loans or to purchase and fund participations in Swing Line Loans pursuant to this Section 2.03(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing. Any such purchase of participations shall not relieve or otherwise impair the obligation of the Borrower to repay Swing Line Loans, together with interest as provided herein.

(d) Repayment of Participations.

(i) At any time after any Revolving Lender has purchased and funded a participation in a Swing Line Loan, if the Swing Line Lender receives any payment on account of such Swing Line Loan, the Swing Line Lender will distribute to such Revolving Lender its Revolving Proportionate Share of such payment (appropriately adjusted, in the case of interest

 

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payments, to reflect the period of time during which such Revolving Lender’s participation was outstanding and funded) in the same funds as those received by the Swing Line Lender.

(ii) If any payment received by the Swing Line Lender in respect of principal or interest on any Swing Line Loan is required to be returned by the Swing Line Lender, each Revolving Lender shall pay to the Swing Line Lender its Revolving Proportionate Share thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand to the date such amount is returned by such Revolving Lender, at a per annum rate equal to (A) the daily Federal Funds Rate during the period from the date of such demand through the third day thereafter and (B) the rate applicable to Base Rate Loans thereafter. The Administrative Agent will make such demand upon the request of the Swing Line Lender.

(e) Interest for Account of Swing Line Lender. Each Swing Line Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Margin for Base Rate Loans in respect of the Revolving Loan Facility. The Swing Line Lender shall be responsible for invoicing the Borrower for interest on the Swing Line Loans. Until each Revolving Lender funds its Base Rate Loan or participation pursuant to this Section 2.03 to refinance such Revolving Lender’s Revolving Proportionate Shares of any Swing Line Loan, interest in respect of all such Revolving Proportionate Shares shall be solely for the account of the Swing Line Lender. The Borrower shall pay accrued interest on the unpaid principal amount of each Swing Line Loan upon payment (to the extent thereof), on the last Business Day of each fiscal quarter and at maturity.

(f) Payments Directly to Swing Line Lender. The Borrower shall make all payments of principal and interest in respect of the Swing Line Loans directly to the Swing Line Lender.

SECTION 2.04. Amount Limitations, Commitment Reductions.

(a) Optional Reduction or Cancellation of Revolving Loan Commitments. The Borrower may, upon five Business Days written notice to the Administrative Agent (each a “Reduction Notice”), permanently reduce the Revolving Loan Facility by the amount of $5,000,000 or an integral multiple of $5,000,000 in excess thereof or cancel the Revolving Loan Facility in its entirety; provided, however, that:

(i) The Borrower may not reduce the Revolving Loan Facility prior to the Maturity Date, if, after giving effect to such reduction, the Effective Amount of all Revolving Loans, L/C Obligations and Swing Line Loans then outstanding would exceed the Revolving Loan Facility as proposed to be reduced; and

(ii) The Borrower may not cancel the Revolving Loan Facility prior to the Maturity Date, if, after giving effect to such cancellation, any Swing Line Loan or Revolving Loan would then remain outstanding.

Any Reduction Notice shall be irrevocable; provided that any Reduction Notice may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by written notice to the Administrative Agent

 

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on or prior to the specified effective date previously provided in the applicable Reduction Notice) if such condition is not satisfied.

(b) Mandatory Termination of Commitments.

(i) The Revolving Loan Facility shall be automatically and permanently reduced to zero on the Maturity Date.

(ii) The Administrative Agent may, or upon instructions from the Required Revolving Lenders shall, by written notice to the Borrower, reduce the Revolving Loan Facility to zero if any CBII Entity shall fail to observe or perform the covenant contained in Section 5.02(p)(ii).

(c) Effect of Commitment Reductions. From and after the effective date of any reduction of the Revolving Loan Facility, the Commitment Fees payable pursuant to Section 2.05(b) shall be computed on the basis of the Revolving Loan Facility as so reduced. Any reduction of the Revolving Loan Facility pursuant to Section 2.04(a) shall be applied ratably to reduce each Revolving Lender’s Commitment in accordance with Section 2.10(a)(i).

SECTION 2.05. Fees.

(a) Fee Letter. The Borrower shall pay to Rabobank the fees and other compensation in the amounts and at the times set forth in the Fee Letter.

(b) Commitment Fees. The Borrower shall pay to the Administrative Agent, for the ratable benefit of the Revolving Lenders as provided in Section 2.10(a)(iv), commitment fees (collectively, the “Commitment Fees”) equal to the Commitment Fee Percentage of the daily Unused Revolving Commitment for the period beginning on the date of this Agreement and ending on the Maturity Date. The Borrower shall pay the Commitment Fees in arrears on the last day in each March, June, September and December (commencing June 30, 2008) and on the Maturity Date (or if the Revolving Loan Facility is cancelled on a date prior to the Maturity Date, on such prior date). For purposes of the calculations under this Section 2.05(b), the aggregate principal amount of the aggregate Effective Amount of outstanding Letters of Credit or Non-US Currency Unreimbursed Amounts, to the extent consisting of Non-US Currency Letters of Credit shall be based on the US Currency Equivalents relating thereto as of the Business Day immediately preceding the last day in each March, June, September and December, as applicable.

SECTION 2.06. Prepayments.

(a) Terms of All Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment under Section 2.06(b), a mandatory prepayment required by Section 2.06(c) or a mandatory prepayment required by any other provision of this Agreement or the other Credit Documents, including a prepayment upon acceleration), the Borrower shall pay to the Lender that made such Loan (i) all accrued interest and fees to the date of such prepayment on the amount prepaid and (ii) if such prepayment is the prepayment of a LIBOR Loan on a day other than the last day of an Interest Period for such LIBOR Loan, all amounts payable to such Lender pursuant to Section 2.13. For avoidance of doubt, all Lender

 

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Rate Contracts are independent agreements governed by the written provisions of such Lender Rate Contracts, which will remain in full force and effect, unaffected by any repayment, prepayment, acceleration, reduction, increase or change in the terms of the Credit Documents, except as otherwise expressly provided in such written Lender Rate Contracts; provided, however, that any payoff statement from the Administrative Agent relating to this Agreement shall apply to such Lender Rate Contracts, except as otherwise expressly provided in such payoff statement.

(b) Optional Prepayments.

(i) At its option, the Borrower may, upon notice of at least one Business Day to the Administrative Agent in the case of Base Rate Loans or notice of at least three Business Days to the Administrative Agent in the case of LIBOR Loans, prepay without premium or penalty (except as expressly set forth in Section 2.13) the Loans in any Borrowing under any Facility selected by the Borrower and all accrued but unpaid interest thereon in part, in a minimum principal amount of, except as otherwise provided in Section 2.06(b)(ii), $5,000,000 or an integral multiple of $1,000,000 in excess thereof, or in whole. Each such notice shall specify the date and amount of such prepayment and the Facility in respect of which such prepayment shall be made; provided that if such prepayment is to be made on any day other than on the last day of the Interest Period applicable to such LIBOR Loan, the Borrower shall be subject to the payments required by Section 2.13. If such notice is given by the Borrower, the Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein. If no Event of Default has occurred and is continuing, all prepayments under this Section 2.06(b) which are applied to reduce the principal amount of the Revolving Loans and Swing Line Loans shall be applied to the Revolving Loans and Swing Line Loans as directed by the Borrower. If the Borrower fails to direct the application of any such prepayments, such prepayments shall be applied first to the accrued but unpaid interest on and then any principal of the Swing Line Loans until paid in full, second to the accrued but unpaid interest on and then any principal of the Revolving Loans until paid in full, and shall, in each case, to the extent possible, be first applied to prepay Base Rate Loans and then if any funds remain, to prepay LIBOR Loans; provided that if an Event of Default has occurred and is continuing at the time any such prepayment is made, the Revolving Lenders shall apply such prepayments to such Obligations as the Administrative Agent may determine in its discretion which determination shall be effective as to all Revolving Lenders (but for regulatory purposes, the Revolving Lenders may apply such payments internally as they shall determine). Each prepayment pursuant to this Section 2.06(b) of Term Loans shall be applied to the installments of such Facility on a pro rata basis.

(ii) At its option, the Borrower may, upon notice to the Swing Line Lender (with a copy to the Administrative Agent), at any time or from time to time, voluntarily prepay Swing Line Loans in whole or in part without premium or penalty; provided that (A) such notice must be received by the Swing Line Lender and the Administrative Agent not later than 1:00 p.m. on the date of the prepayment and (B) any such prepayment shall be in a minimum principal amount of the lesser of (1) $250,000 or an integral multiple of $50,000 in excess thereof and (2) the outstanding balance of the Swing Line Loans. Each such notice shall specify the date and amount of such prepayment. If such notice is given by the Borrower, the Borrower

 

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shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein.

(c) Mandatory Prepayments. Without reducing the Revolving Loan Facility or any of the Revolving Loan Commitments, the Borrower shall prepay the Loans as follows:

(i) If, at any time, the Effective Amount of all Revolving Loans, Swing Line Loans and L/C Obligations then outstanding exceeds the Revolving Loan Facility at such time, the Borrower shall immediately (A) prepay the Swing Line Loans to the extent Swing Line Loans in a sufficient amount are then outstanding, (B) then prepay the Revolving Loans to the extent Revolving Loans in a sufficient amount are then outstanding, in an aggregate principal amount equal to such excess and (C) Cash Collateralize the Obligations in respect of the outstanding Letters of Credit in an amount equal to the then Effective Amount of the L/C Obligations.

(ii) If, during any fiscal year (including fiscal year 2008), any CBII Entity consummates any Asset Sale and the Net Cash Proceeds of such Asset Sale, when added to the Net Cash Proceeds of all such Asset Sales by all CBII Entities during such fiscal year, in the aggregate, exceed $15,000,000 for such fiscal year (the “Sales Basket Amount”), the Borrower shall, immediately after the completion of each Asset Sale which results in such an excess or an increase in such an excess, prepay (or cause to be prepaid) the outstanding Loans and the other Obligations in the manner set forth in Section 2.06(e), in each case, in an aggregate principal amount equal to 100% of such excess or such increase in such excess; provided, however, that:

(A) no such prepayment shall be required in connection with any Asset Sale (or related Asset Sales, in a series or otherwise) otherwise permitted under Section 5.02(c) to the extent the aggregate consideration received by the CBII Entities for such Asset Sale (or related Asset Sales, in a series or otherwise) does not exceed $1,000,000 (and such sale proceeds shall not be counted towards the Sales Basket Amount);

(B) so long as no Event of Default has occurred and is continuing or would result therefrom, no such prepayment shall be required in connection with any Asset Sale (or related Asset Sale, in a series or otherwise) (each, a “Relevant Sale”) otherwise permitted under Section 5.02(c) to the extent (1) if the Net Cash Proceeds from all Relevant Sales in any fiscal year exceed $5,000,000, the Borrower advises the Administrative Agent in writing at the time the Net Cash Proceeds from such Relevant Sale are received that the Borrower intends to cause a Borrower Entity to reinvest all or any portion of such Net Cash Proceeds in property, plant, equipment, other fixed or capital assets, and/or investments (including joint ventures) in Food Related Businesses and (2) such Net Cash Proceeds are in fact so reinvested in the acquisition of such assets or investments within 180 days from the date on which such Net Cash Proceeds from such Relevant Sale are received; and

(C) anything contained in this Section 2.06(c)(ii) to the contrary notwithstanding, so long as no Event of Default has occurred and is continuing or would result from any sale or disposition of assets otherwise giving rise to a required prepayment under this Section 2.06(c)(ii), in the event the Borrower Leverage Ratio is, on a pro forma basis, (1)

 

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less than 2.50 to 1.00 both before and after giving effect to such sale or disposition of assets, no such prepayment shall be required, or (2) equal to or in excess of 2.50 to 1.00 both before or after giving effect to such disposition, such prepayment shall be required in an amount equal to the lesser of (i) the amount of such Net Cash Proceeds and (ii) the amount necessary to decrease the Borrower Leverage Ratio to, on a pro forma basis, less than 2.5 to 1.0 both before and after giving effect to such disposition and the use of such Net Cash Proceeds.

If, at any time after the occurrence of a Relevant Sale and prior to the acquisition of such assets or investments, the 180-day period provided in clause (B) above in the preceding sentence shall elapse without the occurrence of the related acquisition or investment or an Event of Default shall occur and is continuing, then the Borrower shall immediately prepay the Loans in the amount and in the manner described in the first sentence of this Section 2.06(c)(ii).

(iii) If, during any fiscal year (including fiscal year 2008), any CBII Entity receives Extraordinary Receipts and the Net Cash Proceeds of such Extraordinary Receipts that, when added to the Net Cash Proceeds of all such Extraordinary Receipts obtained by all CBII Entities during such fiscal year, in the aggregate, exceed $20,000,000 for such fiscal year, the Borrower shall, after receipt thereof by the CBII Entities of the Net Cash Proceeds from such Extraordinary Receipts which results in such an excess or an increase in such an excess (but subject to the reinvestment exceptions below), immediately prepay (or cause to be prepaid) the outstanding Loans and the other Obligations in the manner set forth in Section 2.06(e), in each case, in an aggregate principal amount equal to 100% of such excess or such increase in such excess. Notwithstanding the foregoing, the Borrower shall not be required to make a prepayment pursuant to this Section 2.06(c)(iii) with respect to any event resulting in the receipt of Extraordinary Receipts (a “Relevant Event”) if the Borrower advises the Administrative Agent in writing promptly after the time the excess Net Cash Proceeds from such Relevant Event are received that the Borrower intends to cause a Borrower Entity to reinvest all or any portion of such excess Net Cash Proceeds in property, plant, equipment, other replacement assets, and/or investments (including joint ventures) in Food-Related Businesses to the extent (A) such excess Net Cash Proceeds are in fact committed to be reinvested by such Person pursuant to a purchase contract providing for the acquisition of such replacement assets that is executed by such Person and the related seller within one year from the date of such Relevant Event and (B) the acquisition of such replacement assets or investments occurs within two years from the date on which the Net Cash Proceeds from the Relevant Event are received; provided, however, that the Borrower’s requirement to advise the Administrative Agent as provided above shall not apply to any Relevant Event until the Net Cash Proceeds in respect of such Relevant Events during such fiscal year exceed $20,000,000. If, at any time after the occurrence of a Relevant Event and prior to the acquisition of the related replacement assets or investments, the one-year or two-year period provided in clause (A) or (B), respectively, of the preceding sentence shall elapse without execution of the related purchase contract (in the case of clause (A)), the occurrence of the related acquisition or investment (in the case of clause (B)) or an Event of Default shall occur and only so long as continuing, then, upon request of the Administrative Agent or the Required Lenders, the Borrower shall immediately prepay the Loans in the amount and in the manner described in the first sentence of this Section 2.06(c)(iii). At any time after the occurrence of a Relevant Event and prior to the acquisition of the related replacement assets or investments, upon request of the Administrative Agent or the Required Lenders, the Borrower shall deposit

 

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the Net Cash Proceeds from such Relevant Event which result in an excess over the $20,000,000 per fiscal year amount described above or an increase in such an excess into an interest-bearing account with Rabobank, N.A. or another institution reasonably satisfactory to the Administrative Agent (which interest-bearing account shall be subject to a security interest in favor of the Collateral Agent for the benefit of the Secured Parties that is perfected by the Borrower entering into a control agreement and other documentation reasonably requested by the Administrative Agent) until such Net Cash Proceeds are reinvested or paid toward the Loans as directed by the Borrower.

(iv) If, at any time after the Effective Date, any CBII Entity issues or incurs any Indebtedness for borrowed money, including Indebtedness evidenced by notes, bonds, debentures or other similar instruments that, when added to all such Indebtedness for borrowed money issued or incurred by all CBII Entities after the Effective Date, in the aggregate, exceeds $50,000,000 (provided that (A) Permitted Indebtedness (1) secured solely by a Lien of the type described in clause (c) of the definition of Permitted Liens or (2) owed by a CBII Entity to another CBII Entity and (B) Refinancing Indebtedness shall not be counted and non-cash assets received upon issuance of debt in connection with asset acquisitions shall be excluded, except to the extent any such Permitted Indebtedness is issued or incurred to finance, directly or indirectly, the payment in cash or otherwise, of any Distributions by any of the CBII Entities), the Borrower shall, after such issuance or incurrence which results in such an excess or an increase in such an excess, immediately prepay (or cause to be prepaid) the outstanding Loans and the other Obligations in the manner set forth in Section 2.06(e), in each case, in an aggregate principal amount equal to 100% of the Net Cash Proceeds of such of such excess or such increase in such excess.

(v) On or prior to the 120th day following the end of each fiscal year of CBII (commencing with the fiscal year of CBII ending December 31, 2008), the Borrower shall prepay (or cause to be prepaid) the outstanding Loans and the other Obligations in the manner set forth in Section 2.06(e) in an aggregate amount equal to 50% of Excess Cash Flow for such most recently ended fiscal year, provided that such amount shall be reduced to 0% of Excess Cash Flow if the Borrower Leverage Ratio as of the most recently ended fiscal year of CBII shall be less than 2.50:1.00.

(vi) If, at any time after the Effective Date, any CBII Entity issues any Equity Securities (other than (v) issuances thereof the proceeds of which are used to make a Permitted Acquisition; provided that such Permitted Acquisition occurs within 90 days after such issuance, (w) any issuances thereof to CBII or any Borrower Entity, (x) sales or issuances to any management or employees under any employee stock option or stock purchase plans in existence from time to time, (y) issuances of director’s qualifying shares and (z) any issuances in connection with the exercise of warrants), the Borrower shall, after such issuance or incurrence, immediately prepay (or cause to be prepaid) the outstanding Loans and the other Obligations in the manner set forth in Section 2.06(e), in each case, in an aggregate principal amount equal to 50% of the Net Cash Proceeds from such Equity Securities.

(vii) If, at any time, any CBII Entity shall fail to observe or perform the covenant contained in Section 5.02(p)(ii), the Administrative Agent may or, upon instructions from the Required Term Lenders, shall, by written notice to the Borrower, require the Borrower

 

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to prepay the outstanding Term Loans and the other Obligations with respect thereto, and the Borrower shall so prepay the outstanding Term Loans and the other Obligations with respect thereto, immediately (and in any event within 10 Business Days) following receipt of such notice.

(d) Notice of Prepayment. The Borrower shall deliver to the Administrative Agent, at the time of each prepayment required under Section 2.06(c), (i) a certificate signed by the Chief Financial Officer, Chief Accounting Officer or Treasurer of the Borrower setting forth in reasonable detail the calculation of the amount of such prepayment and (ii) to the extent practicable, at least three days prior written notice of such prepayment. Each notice of prepayment shall specify the prepayment date and the Type and principal amount of each Loan (or portion thereof) to be prepaid. In the event that the Borrower shall subsequently determine that the actual amount required to be prepaid was greater than the amount set forth in such certificate, the Borrower shall promptly make an additional prepayment of the Loans (and/or, if applicable, the Commitments shall be permanently reduced) in an amount equal to the amount of such excess, and the Borrower shall concurrently therewith deliver to the Administrative Agent a certificate signed by the Chief Financial Officer, Chief Accounting Officer or Treasurer of the Borrower demonstrating the derivation of the additional amount resulting in such excess.

(e) Application of Prepayments.

(i) All prepayments pursuant to Section 2.06(c) (excluding Section 2.06(c)(i)) shall be applied as follows: first, to prepay the Term Loans and to the installments thereof on a pro rata basis, second, to prepay any Unreimbursed Amounts then outstanding, third, to prepay the Swing Line Loans to the extent Swing Line Loans are then outstanding, fourth, to prepay the Revolving Loans to the extent Revolving Loans are then outstanding and fifth, to Cash Collateralize the Obligations in respect of the outstanding Letters of Credit in an amount equal to the then Effective Amount of the L/C Obligations.

(ii) Without modifying the order of application of prepayments set forth in Section 2.06(e)(i), all such prepayments shall, to the extent possible, be first applied to prepay Base Rate Loans and then if any funds remain, to prepay LIBOR Loans. All prepayments which are applied to reduce the principal amount of the Revolving Loans shall not reduce the Revolving Loan Commitments.

(iii) Any amounts available after the application thereof in accordance with this Section 2.06(e) shall be, to the extent no Event of Default shall have occurred and be continuing, returned to the Borrower.

SECTION 2.07. Other Payment Terms.

(a) Place and Manner. All payments to be made by the Borrower under this Agreement or any other Credit Document shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. The Borrower shall make all payments due to each Lender or the Administrative Agent under this Agreement or any other Credit Document by payments to the Administrative Agent at the Administrative Agent’s office located at the address specified on Schedule IV, with each payment due to a Lender to be for the account of such

 

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Lender and such Lender’s Applicable Lending Office. The Borrower shall make all payments under this Agreement or any other Credit Document in lawful money of the US (except with respect to any Non-US Currency Letter of Credit or Non-US Currency Unreimbursed Amount, which shall be paid in the Non-US Currency applicable to such Non-US Currency Letter of Credit or Non-US Currency Unreimbursed Amount to the extent not repaid with the proceeds of a Base Rate Loan that was used to purchase the applicable Non-US Currency as set forth in Section 2.02(c)) and in same day or immediately available funds not later than 11:00 a.m. on the date due. The Administrative Agent shall promptly disburse to each Lender each payment received by the Administrative Agent for the account of such Lender.

(b) Non-US Currency Payments. The specification of payment of Non-US Currency Letters of Credit or Non-US Currency Unreimbursed Amount in the related Non-US Currency at a specific place pursuant to this Agreement is of the essence. Such Non-US Currency shall, subject to Section 2.02(c), be the currency of account and payment of such Letters of Credit under this Agreement. The obligation of the Borrower in respect of such Letters of Credit shall not be discharged by an amount paid in any other currency or at another place, whether pursuant to a judgment or otherwise, to the extent the amount so paid, on prompt conversion into the applicable Non-US Currency and transfer to such Lender under normal banking procedures, does not yield the amount of such Non-US Currency due under this Agreement. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in payment of the amount of such Non-US Currency due under this Agreement, such Lender shall have an independent cause of action against the Borrower and the applicable Guarantors for the currency deficit.

(c) Date. Whenever any payment due hereunder shall fall due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day, and such extension of time shall be included in the computation of interest or fees, as the case may be.

(d) Default Rate. (i) Automatically upon the occurrence and during the continuance of any Event of Default under Section 6.01(a), 6.01(f) or 6.01(g) and (ii) at the election of the Required Lenders upon the occurrence and during the continuance of any other Event of Default, until the time when such Event of Default shall have been cured or waived by the Required Lenders or all the Lenders (as required by this Agreement), the Borrower shall pay interest on the aggregate outstanding principal amount of all Obligations owing hereunder at a per annum rate equal to the interest rate that would otherwise apply pursuant to Section 2.01(d), plus 2.00% (the “Default Rate”) payable on demand. Overdue interest shall itself bear interest at the Default Rate applicable to Base Rate Loans, and shall be compounded with the principal Obligations daily, to the fullest extent permitted by applicable laws.

(e) Application of Payments. Except as otherwise expressly provided herein, all payments hereunder shall be applied first to unpaid fees, costs and expenses then due and payable under this Agreement or the other Credit Documents, second to accrued interest then due and payable under this Agreement or the other Credit Documents, and finally to reduce the principal amount of outstanding Loans and L/C Borrowings.

 

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(f) Failure to Pay the Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrower at least one Business Day prior to the date on which any payment is due to the Lenders hereunder that the Borrower will not make such payment in full, the Administrative Agent shall be entitled to assume that the Borrower has made or will make such payment in full to the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, cause to be paid to the Lenders on such due date an amount equal to the amount then due such Lenders. If and to the extent the Borrower shall not have so made such payment in full to the Administrative Agent, each such Lender shall repay to the Administrative Agent forthwith on demand such amount distributed to such Lender, together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to the Administrative Agent, at a per annum rate equal to (i) the daily Federal Funds Rate during the period from the date such amount is distributed through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.07(f) shall be conclusive absent manifest error.

SECTION 2.08. Loan Accounts; Notes.

(a) Loan Accounts. The obligation of the Borrower to repay the Loans made to it by each Lender and to pay interest thereon at the rates provided herein shall be evidenced by an account or accounts maintained by such Lender on its books (individually, a “Loan Account”), except that any Lender may request that its Loans be evidenced by a note or notes pursuant to Sections 2.08(b) and 2.08(c). Each Lender shall record in its Loan Accounts (i) the date and amount of each Loan made by such Lender, (ii) the interest rates applicable to each such Loan and the effective dates of all changes thereto, (iii) the Interest Period for each LIBOR Loan, (iv) the date and amount of each principal and interest payment on each Loan and (v) such other information as such Lender may determine is necessary for the computation of principal and interest payable to it by the Borrower hereunder; provided, however, that any failure by a Lender to make, or any error by any Lender in making, any such notation shall not affect the Borrower’s Obligations. The Loan Accounts shall be conclusive absent manifest error as to the matters noted therein. In addition to the Loan Accounts, each Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit and Swing Line Loans. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control.

(b) Revolving Loan Notes and Term Loan Notes. If any Lender so requests, such Lender’s Revolving Loans or Term Loans, as the case may be, shall be evidenced by a Revolving Loan Note or a Term Loan Note, as applicable, in the respective forms of Exhibit E-1 and Exhibit E-2. Each such Note shall be (i) payable to the order of such Lender, (ii) in the amount of such Lender’s Revolving Loan Commitment or Term Loan Commitment, as applicable, (iii) dated the Effective Date or such later date upon which such Person becomes a Lender hereunder and (iv) otherwise appropriately completed. The Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Revolving Loan Note or Term Loan Note, as applicable, the date and amount of each Revolving Loan or Term Loan, as the case may

 

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be, made by such Lender and of each payment or prepayment of principal thereon made by the Borrower, and agrees that all such notations shall be conclusive absent manifest error with respect to the matters noted; provided, however, that any failure by a Lender to make, or any error by any Lender in making, any such notation shall not affect the Borrower’s Obligations. The Borrower further authorizes each Lender to attach to and make a part of such Lender’s Revolving Loan Note or Term Loan Note, as applicable, continuations of the schedule attached thereto as necessary.

(c) Swing Line Notes. The Swing Line Lender’s Swing Line Loans shall be evidenced, at the request of the Swing Line Lender, by a promissory note in the form of Exhibit F (individually, a “Swing Line Note”) which note shall be (i) payable to the order of the Swing Line Lender, (ii) in the amount of the Swing Line Lender’s Swing Line Loans, (iii) dated the Effective Date and (iv) otherwise appropriately completed.

SECTION 2.09. Loan Fundings.

(a) Lender Funding and Disbursement to the Borrower. Each Revolving Lender shall, (i) before 11:00 a.m. on the date of the initial Revolving Loan Borrowing (if the initial Revolving Loan Borrowing occurs on the Effective Date) and (ii) before 1:00 p.m. on the date of each other Revolving Loan Borrowing, make available to the Administrative Agent at the Administrative Agent’s office specified in Schedule IV, in same day or immediately available funds, such Lender’s Revolving Proportionate Share of such Borrowing. Each Term Lender shall, before 11:00 a.m. on the date of the Term Loan Borrowing, make available to the Administrative Agent at the Administrative Agent’s office specified in Schedule IV, in same day or immediately available funds, such Lender’s ratable share of such Borrowing based on such Lender’s Term Loan Commitment. After the Administrative Agent’s receipt of such funds and upon satisfaction of the applicable conditions set forth in Section 3.02 (and, if such Borrowing is the initial Credit Extension, Section 3.01), the Administrative Agent shall promptly make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower on the books of Rabobank with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to the Administrative Agent by the Borrower; provided, however, that if, on the date of a Revolving Loan Borrowing there are Swing Line Loans and/or L/C Borrowings outstanding, then the proceeds of such Borrowing shall be applied first, to the payment in full of any such L/C Borrowings, second, to the payment in full of any such Swing Line Loans, and third, to the Borrower as provided above.

(b) Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such

 

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amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part of any Borrowing is not paid to the Administrative Agent by such Lender within three Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

(c) Lenders’ Obligations Several. The failure of any Lender to make the Loan to be made by it as part of any Borrowing or to fund participations in Letters of Credit and Swing Line Loans shall not relieve any other Lender of its obligation hereunder to make its Loan as part of such Borrowing or fund its participations in Letters of Credit and Swing Line Loans, but no Lender shall be obligated in any way to make any Loan or fund any participation in Letters of Credit or Swing Line Loans which another Lender has failed or refused to make or otherwise be in any way responsible for the failure or refusal of any other Lender to make any Loan required to be made by such other Lender on the date of any Borrowing or to fund any participation required to be funded by such other Lender.

SECTION 2.10. Pro Rata Treatment.

(a) Borrowings, Commitment Reductions. Except as otherwise provided herein:

(i) Each Revolving Loan Borrowing and reduction of the Revolving Loan Facility shall be made or shared among the Revolving Lenders pro rata according to their respective Revolving Proportionate Shares;

(ii) Each payment of principal of Loans in any Borrowing shall be shared among the Lenders which made or funded the Loans in such Borrowing pro rata according to the respective unpaid principal amounts of such Loans then owed to such Lenders;

(iii) Each payment of interest on Loans in any Borrowing shall be shared among the Lenders which made or funded the Loans in such Borrowing pro rata according to (A) the respective unpaid principal amounts of such Loans so made or funded by such Lenders and (B) the dates on which such Lenders so made or funded such Loans;

(iv) Each payment of Letter of Credit fees and Commitment Fees payable under Sections 2.02(i) and 2.05(b) shall be shared among the Revolving Lenders with Revolving Loan Commitments (except for Defaulting Lenders) pro rata according to (A) their respective Revolving Proportionate Shares and (B) in the case of each Revolving Lender which becomes a Revolving Lender hereunder after the date hereof, the date upon which such Lender so became a Revolving Lender;

 

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(v) Each payment of interest (other than interest on Loans) shall be shared among the Lenders and the Administrative Agent owed the amount upon which such interest accrues pro rata according to (A) the respective amounts so owed such Lenders and the Administrative Agent and (B) the dates on which such amounts became owing to such Lenders and the Administrative Agent; and

(vi) All other payments under this Agreement and the other Credit Documents (including fees paid in connection with any amendment, consent, waiver or the like) shall be for the benefit of the Person or Persons specified.

(b) Sharing of Payments. If any Lender, other than as elsewhere provided in this Agreement or any other Credit Document, shall obtain any payment (whether voluntary, involuntary, through the exercise of any right of setoff, or otherwise) on account of the Loans made by it, or the participations in L/C Obligations or in Swing Line Loans held by it, in excess of its ratable share of payments on account of the Loans and the L/C Obligations obtained by all Lenders entitled to such payments, such Lender shall forthwith purchase from the other Lenders such participations in the Loans and/or participations in L/C Obligations or in Swing Line Loans as shall be necessary to cause such purchasing Lender to share the excess payment ratably with each of them; provided, however, that if all or any portion of such excess payment is thereafter recovered from such purchasing Lender, such purchase shall be rescinded and each other Lender shall repay to the purchasing Lender the purchase price to the extent of such recovery together with an amount equal to such other Lender’s ratable share (according to the proportion of (i) the amount of such other Lender’s required repayment to (ii) the total amount so recovered from the purchasing Lender) of any interest or other amount paid or payable by the purchasing Lender in respect of the total amount so recovered. The Borrower agrees that any Lender so purchasing a participation from another Lender pursuant to this Section 2.10(b) may, to the fullest extent permitted by law, exercise all its rights of payment (including the right of setoff) with respect to such participation as fully as if such Lender were the direct creditor of the Borrower in the amount of such participation.

SECTION 2.11. Change of Circumstances.

(a) Inability to Determine Rates. If, on or before the first day of any Interest Period for any LIBOR Loan, (i) the LIBOR Rate for such Interest Period cannot be adequately and reasonably determined for any Appropriate Lender due to the unavailability of funds in or other circumstances affecting the London interbank market (and such Lender shall so advise the Administrative Agent) or (ii) the rate of interest for such Loan does not adequately and fairly reflect the cost to any Appropriate Lender of making or maintaining such LIBOR Loan (and such Lender shall so advise the Administrative Agent), the Administrative Agent shall immediately give notice of such condition to the Borrower and the other Appropriate Lenders. After the giving of any such notice and until the circumstances giving rise to such condition no longer exist, the Borrower’s right to request the making of, or conversion to a new Interest Period for, LIBOR Loans shall be suspended. Any LIBOR Loans outstanding at the commencement of any such suspension shall be converted at the end of the then-current Interest Period for such LIBOR Loans into Base Rate Loans, as the case may be, unless such suspension has then ended.

 

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(b) Illegality. If, after the date of this Agreement, the adoption of any Governmental Rule, any change in any Governmental Rule or the application or requirements thereof (whether such change occurs in accordance with the terms of such Governmental Rule as enacted, as a result of amendment or otherwise), any change in the interpretation or administration of any Governmental Rule by any Governmental Authority, or compliance by any Lender with any request or directive (whether or not having the force of law) of any Governmental Authority (a “Change of Law”) shall make it unlawful or impossible for any Lender to make or maintain any LIBOR Loan, such Lender shall immediately notify the Administrative Agent and the Borrower of such Change of Law. Upon receipt of such notice, (i) the Borrower’s right to request the making of, or conversion to a new Interest Period for, LIBOR Loans shall be terminated and (ii) the Borrower shall, at the request of such Lender, either (A) pursuant to Section 2.01(g), convert any such then-outstanding LIBOR Loans into Base Rate Loans at the end of the current Interest Period for such LIBOR Loans or (B) immediately repay or convert any such LIBOR Loans if such Lender shall notify the Borrower that such Lender may not lawfully continue to fund and maintain such LIBOR Loans. Any conversion or prepayment of LIBOR Loans made pursuant to the preceding sentence prior to the last day of an Interest Period for such LIBOR Loans shall be deemed a prepayment thereof for purposes of Section 2.13. After any Lender notifies the Administrative Agent and the Borrower of such a Change of Law and until it is no longer unlawful or impossible for such Lender to make or maintain a LIBOR Loan, all Revolving Loans of such Lender shall be Base Rate Loans.

(c) Increased Costs. If, after the date of this Agreement, any Change of Law:

(i) Shall subject any Lender to any tax, duty or other charge with respect to any LIBOR Loan, or shall change the basis of taxation of payments by the Borrower to any Lender on such a LIBOR Loan or in respect to such a LIBOR Loan under this Agreement (except for changes in the rate of taxation on the overall net income of any Lender imposed by a jurisdiction as a result of a present or former connection (other than a connection arising solely as a result of the Transaction) between the Lender and the jurisdiction imposing such tax levy); or

(ii) Shall impose, modify or hold applicable any reserve (excluding any Reserve Requirement or other reserve to the extent included in the calculation of the LIBOR Rate for any Loans), special deposit or similar requirement against assets held by, deposits or other liabilities in or for the account of, advances or loans by, or any other acquisition of funds by any Lender for any LIBOR Loan; or

(iii) Shall impose on any Lender any other condition related to any LIBOR Loan or any of such Lender’s Commitments,

and the effect of any of the foregoing is to increase the cost to such Lender of making, renewing, or maintaining any such LIBOR Loan or any of its Commitments or to reduce any amount receivable by such Lender hereunder, then the Borrower shall from time to time, within five Business Days after demand by such Lender, pay to such Lender additional amounts sufficient to reimburse such Lender for such increased costs or to compensate such Lender for such reduced amounts. A certificate setting forth in reasonable detail the amount of such increased costs or

 

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reduced amounts, submitted by such Lender to the Borrower shall be conclusive absent manifest error. The obligations of the Borrower under this Section 2.11(c) shall survive the payment and performance of the Secured Obligations and the termination of this Agreement. No Lender may establish or change its Euro-Dollar Lending Office with the result that the Borrower has greater payment obligations to such Lender than if such Lender chose another of its euro-dollar lending offices unless such Lender waives the Borrower’s liability to the extent of such greater payment obligations.

(d) Capital Requirements. If, after the date of this Agreement (i) any Change of Law affects the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender (a “Capital Adequacy Requirement”) and (ii) the amount of capital maintained by such Lender or such Person which is attributable to or based upon the Loans, the Letters of Credit, the Commitments or this Agreement must be increased as a result of such Capital Adequacy Requirement (taking into account such Lender’s or such Person’s policies with respect to capital adequacy), the Borrower shall pay to such Lender or such Person, within five Business Days after demand of such Lender, such amounts as such Lender or such Person shall determine are necessary to compensate such Lender or such Person for the increased costs to such Lender or such Person of such increased capital. A certificate setting forth in reasonable detail the amount of such increased costs submitted by any Lender to the Borrower shall be conclusive absent manifest error. The obligations of the Borrower under this Section 2.11(d) shall survive the payment and performance of the Secured Obligations and the termination of this Agreement.

SECTION 2.12. Taxes on Payments.

(a) Payments Free of Taxes. Any and all payments by or for the account of the Borrower hereunder, or in respect of this Agreement or any other Credit Document, shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding net income taxes (and franchise taxes imposed in lieu thereof) imposed on the Administrative Agent or any Lender as a result of a present or former connection (other than a connection arising solely as a result of the Transaction) between the Administrative Agent or such Lender and the jurisdiction imposing such tax levy, impost or withholding or any Governmental Authority, political subdivision or taxing authority thereof or therein (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities in respect of payments hereunder or under this Agreement being hereinafter referred to as “Taxes”). If the Borrower shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable hereunder or under this Agreement or other Credit Documents to any Lender, (i) the Borrower shall make all such deductions or withholdings, (ii) the Borrower shall pay the full amount deducted or withheld to the relevant Governmental Authority, taxation authority or other authority in accordance with applicable law and (iii) the sum payable by the Borrower shall be increased as may be necessary so that after the Borrower, the Administrative Agent and such Lender, as the case may be, have made all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 2.12) the Administrative Agent or such Lender receives an amount equal to the sum it would have received had no such deductions or withholdings been made, provided that the Borrower shall not be required to pay any additional amounts in respect of any Taxes pursuant to this Section

 

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2.12(a) to the extent that (i) such Taxes are required to be withheld from any amounts payable to the Administrative Agent or any Lender hereunder or under the other Credit Documents to a Lender which is not organized under the laws of the US or a state thereof (including the District of Columbia) at the time such Lender becomes a party to the Credit Documents (or designates a new lending office outside the US or after becoming a party to the Credit Documents becomes organized under laws outside the US or a state thereof) or is attributable to such Lender’s failure or inability (other than as a result of a Change in Law) to comply with delivery of appropriate documentation in accordance with Section 2.12(e), except to the extent that (x) such Lender (or its Assignee Lender, if any) was entitled, at the time of designation of a new lending office outside the US or a state thereof (or at the time of assignment to the Assignee Lender), to receive additional amounts from the Borrower with respect to such Taxes or (y) such Lender is an Assignee Lender and/or Replacement Lender, as the case may be, becoming a party to the Credit Documents at the Borrower’s request. Subject to no continuing Event of Default, the Borrower shall be permitted to replace any Lender whose withholding obligations change such that a Lender is entitled to receive additional amounts from the Borrower with respect to such Taxes as a result of a Change in Law after the Effective Date in accordance with Section 2.15 (unless such Lender confirms to the Borrower that it will not seek any such additional amounts) or (ii) the obligation to pay such indemnity payment or additional amounts would not have arisen but for a failure by such Lender to comply with the provisions of Section 2.12(e) when applicable.

(b) Other Taxes. In addition, the Borrower shall pay to the relevant Governmental Authority or taxing authority in accordance with applicable law, and indemnify and hold the Administrative Agent and Lenders harmless from any present or future stamp, documentary, excise, intangible, property, mortgage recording or similar taxes, charges or levies that arise from the delivery or registration of, performance under, or otherwise with respect to, this Agreement or any other Credit Document (hereinafter referred to as “Other Taxes”).

(c) Indemnity. The Borrower shall indemnify each Lender and the Administrative Agent for and hold them harmless against the full amount of Taxes and Other Taxes, and for the full amount of taxes of any kind imposed by any jurisdiction on amounts payable under this Section 2.12, imposed on or paid by such Lender or the Administrative Agent, as the case may be, and any liability (including Governmental Charges, penalties, additions to tax, interest and expenses, other than to the extent arising as a result of the Lender’s or Administrative Agent’s gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction) arising therefrom or with respect thereto. This indemnification shall be made within 30 days from the date such Lender or the Administrative Agent (as the case may be) makes written demand therefor.

(d) Tax Receipt. Within 30 days after the date of any payment of Taxes, the Borrower shall furnish to the Administrative Agent the original or a certified copy of a receipt evidencing such payment.

(e) Withholding Exemption Certificates. Within 30 days after becoming a party hereto and on or before the date, if any, such Lender (or participant, as applicable) changes its applicable lending office by designating a different lending office, and from time to time thereafter as reasonably requested in writing by Administrative Agent or the Borrower (but only so long thereafter as such Lender remains lawfully able to do so): (i) each Lender that is a US

 

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Person that is not a “domestic” corporation (as defined in IRC Section 7701) shall provide each of the Administrative Agent and the Borrower with one original US Internal Revenue Service Form W-9, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and satisfactory to the Administrative Agent and the Borrower and (ii) each Lender that is organized under the laws of a jurisdiction outside the US shall provide each of the Administrative Agent and the Borrower with either: (A) two original US Internal Revenue Service Forms W-8ECI, W-8BEN or W-8IMY, as appropriate, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and the Borrower or (B) a certificate that it is not (i) a “bank” (as defined in IRC Section 881(c)(3)(A)), (ii) a 10% shareholder (within the meaning of IRC Section 871(h)(3)(B)) of the Borrower or (iii) a controlled foreign corporation related to the Borrower (within the meaning of IRC Section 864(d)(4)), and two original US Internal Revenue Service Form W-8BEN or Form W-8IMY, as appropriate, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, reasonably satisfactory to the Administrative Agent and the Borrower. Each Lender shall deliver such new forms and documents prescribed by the US Internal Revenue Service upon the expiration or obsolescence of any previously delivered forms or other documents referred to in this Section 2.12, or after the occurrence of any event requiring a change in the most recent forms or other documents delivered by such Lender. Such Lender shall promptly provide written notice to each of the Administrative Agent and the Borrower at any time it determines that it is no longer in a position to provide any previously delivered form or other document (or any other form of certification adopted by the US Internal Revenue Service for such purpose). Each Lender providing one or more forms or certificates pursuant to this Section 2.12(e) hereby represents, covenants and warrants the accuracy of the information provided therein.

(f) Tax Returns. Nothing contained in this Section 2.12 shall require any Lender or the Administrative Agent to make available any of its tax returns or any other information that it deems to be confidential or proprietary. Nothing herein contained shall interfere with the rights of each Lender to arrange its tax affairs in whatever manner it thinks fit and, in particular, each Lender shall be under no obligation to claim credit, relief, remission or repayment from or against its corporate profits or similar tax liability in respect of the amount of such deduction or withholding in priority to any other claims, reliefs, credits or deductions available to it or to disclose any information relating to its tax affairs.

(g) Treatment of Certain Refunds. If the Administrative Agent or any Lender determines, in its sole discretion, that it has received a refund of any Taxes or Other Taxes (or a credit therefor) as to which it has been indemnified by the Borrower or with respect to which the Borrower has paid additional amounts pursuant to this Section 2.12, it shall pay to the Borrower an amount equal to such refund or credit (but only to the extent of indemnity payments made, or additional amounts paid, by the Borrower under this Section 2.12 with respect to the Taxes or Other Taxes giving rise to such refund), net of all out-of-pocket expenses of the Administrative Agent or any such Lender, as the case may be, and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund); provided that the Borrower, upon the request of the Administrative Agent or any such Lender, agrees to repay the amount paid over to the Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to the Administrative Agent or any such Lender in the event

 

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the Administrative Agent or any such Lender is required to repay such refund to such Governmental Authority. This Section 2.12(g) shall not be construed to require the Administrative Agent or any Lender to make available its tax returns (or any other information relating to its taxes that it deems confidential) to the Borrower or any other Person.

(h) Mitigation Obligation. If any Lender requests compensation under this Section 2.12, then such Lender shall use reasonable efforts to designate a different Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the reasonable judgment of such Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to this Section 2.12 in the future and (ii) in each case, would not subject such Lender to any material unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender in an economic, legal or regulatory way. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender in connection with any such designation or assignment.

SECTION 2.13. Funding Loss Indemnification. If the Borrower shall (a) repay, prepay or convert any LIBOR Loan on any day other than the last day of an Interest Period therefor (whether a scheduled payment, an optional prepayment or conversion, a mandatory prepayment or conversion, a payment upon acceleration or otherwise), (b) fail to borrow any LIBOR Loan for which a Notice of Borrowing has been delivered to the Administrative Agent (whether as a result of the failure to satisfy any applicable conditions or otherwise) or (c) fail to convert any Loans into LIBOR Loans in accordance with a Notice of Conversion delivered to the Administrative Agent (whether as a result of the failure to satisfy any applicable conditions or otherwise), the Borrower shall, within five Business Days after demand by any Lender, reimburse such Lender for and hold such Lender harmless from all costs and losses incurred by such Lender as a result of such repayment, prepayment, conversion or failure. The Borrower understands that such costs and losses may include losses incurred by a Lender as a result of funding and other contracts entered into by such Lender to fund a LIBOR Loan. Each Lender demanding payment under this Section 2.13 shall deliver to the Borrower, with a copy to the Administrative Agent, a certificate setting forth the amount of costs and losses for which demand is made, which certificate shall set forth in reasonable detail the calculation of the amount demanded. Such a certificate so delivered to the Borrower shall be conclusive absent manifest error. The obligations of the Borrower under this Section 2.13 shall survive the payment and performance of the Secured Obligations and the termination of this Agreement.

SECTION 2.14. Security.

(a) Security Documents. The Secured Obligations, together with the Guarantees thereof by the Parent Guarantor and the Subsidiary Guarantors, shall be secured by the Liens created by and as specified in the Security Documents; provided that no subsidiary of CBII shall guarantee, or grant any Lien to secure, any Secured Obligations of CBII; and provided, further, that each document or instrument required to be filed, registered, or recorded to register or perfect security interests in Non-US jurisdictions shall be limited to those jurisdictions in which any CBII Entity generates Significant Revenue; and provided, further, that (A) no filings, registrations, or recordings shall be undertaken in those Non-US jurisdictions where in the Administrative Agent’s reasonable discretion the value of the Collateral pledged as

 

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security for the Secured Obligations is not materially significant in relation to the costs of the filings, registrations, or recordings, (B) the Equity Securities of Landec and/or the Equity Securities and assets of Meneu shall not be required to be pledged as security for the Secured Obligations and (C) as long as no Event of Default has occurred and is continuing, no lock box, blocked account, dominion of funds arrangements, and/or control agreements shall be required in respect of the Collateral pledged as security for the Secured Obligations (except as otherwise expressly provided in Section 2.06(c)(iii)).

(b) Lender Rate Contracts. So long as the terms thereof are in compliance with this Agreement, each Lender Rate Contract shall be secured (but on a silent basis, so that notwithstanding any other provision, if any, in this Agreement or any other Credit Document, no Lender Rate Contract counterparty shall be able to take any action in respect of the Collateral nor instruct the Required Lenders to take any action in respect of the Collateral) by the Lien of the Security Documents, unless (i) arrangements have been made for the Lender Rate Contract Obligations under such Lender Rate Contract to be secured by a secured credit facility refinancing the Facilities or (ii) other replacement collateral equivalent in nature and value (as reasonably determined by the Borrower and the applicable Lender Rate Contract counterparty) supporting the Lender Rate Contract Obligations is provided.

(c) Further Assurances. Each of CBII and the Borrower shall deliver, and shall cause each other Loan Party and each Pledged Person to deliver, to the Administrative Agent, and, if applicable, to execute, acknowledge, deliver, record, re-record, file, re-file, register or re-register such additional security agreements, mortgages, trust deeds, deeds of trust, deeds to secure debt, pledge agreements, guarantee agreements, and other instruments, agreements, certificates, opinions and documents (including Uniform Commercial Code financing statements and, as applicable, fixture filings) as the Administrative Agent may request to effectuate the terms under and in accordance with the Security Documents and thereby to:

(i) (A) grant, maintain, protect and evidence security interests and Liens in favor of the Administrative Agent, (B) perfect security interests in favor of the Administrative Agent that may be perfected by filing Uniform Commercial Code financing statements or, as applicable, fixture filings (but no crop, timber, mineral, or other similar filings) in the appropriate jurisdictions, and (C) perfect security interests in favor of the Administrative Agent that may be perfected by filing the applicable Intellectual Property Security Agreement (or the short form security documents attached thereto) in the appropriate indexes of the United States Patent and Trademark Office or the United States Copyright Office, in each case for the benefit of the Administrative Agent and the other Secured Parties, in any or all present and future property of the Borrower and the other Loan Parties which would constitute Collateral under and in accordance with the terms of the Security Documents, prior to the Liens or other interests of any Person, except to the extent Permitted Liens have priority as expressly permitted hereunder; and

(ii) otherwise establish, maintain, protect and evidence the rights provided to the Administrative Agent, for the benefit of the Administrative Agent and the other Secured Parties, under and in accordance with the terms of the Security Documents;

 

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provided, however, that with respect to the Collateral, notwithstanding anything to the contrary in this Agreement or in any of the Security Documents (and recognizing the supremacy of this proviso over any conflicting provision of this Agreement in respect of the Collateral or any Security Document), the parties to this Agreement covenant and agree that: (A) no filings, registrations, or recordings shall be undertaken in those Non-US jurisdictions where the Administrative Agent determines in its reasonable discretion that the value of the Collateral pledged as security for the Secured Obligations is not materially significant in relation to the costs of the filings, registrations, or recordings, (B) the Equity Securities of Landec and/or the Equity Securities and assets of Meneu shall not be required to be pledged as security for the Secured Obligations, (C) as long as no Event of Default has occurred and is continuing, no lock box, blocked account, dominion of funds arrangements, and/or control agreements shall be required in respect of the Collateral pledged as security for the Secured Obligations (except as otherwise expressly provided in Section 2.06(c)(iii)), (D) regardless of whether this Agreement or any other Credit Document requires the Lenders to deliver one or more Security Documents to perfect a Lien, the only Security Documents that are in fact required to be delivered are those that the Administrative Agent reasonably determines are necessary or desirable in order to perfect a Lien on that portion of the Collateral on which this Agreement obligates the Loan Parties to provide a perfected first priority Lien (subject to Permitted Liens having priority as expressly permitted hereunder), which is and shall be limited to (v) all now owned and hereafter acquired tangible and intangible personal property assets of CBII, the Borrower, and the US Subsidiaries in which a security interest (1) may be perfected by filing financing statements or, as applicable, fixture filings (but no crop, timber, mineral, or other similar filings) in the applicable filing offices, (2) may be perfected by filing the applicable Intellectual Property Security Agreement (or the short form security documents attached thereto) in the appropriate indexes of the United States Patent and Trademark Office or the United States Copyright Office or (3) upon the occurrence and during the continuance of an Event of Default or as otherwise expressly provided in Section 2.06(c)(iii), may be perfected by lock box, blocked account dominion of funds arrangement, and/or control agreements as the Administrative Agent shall deem advisable in the best interest of the Lenders, (w) the Trademarks owned by the Borrower or any other US Subsidiary in the US (which Trademarks owned by the Borrower constitute all material Trademarks consisting of trademarks), (x) those Trademarks described on Schedule 4.01(n) in the jurisdictions listed on such schedule, (y) the Pledged Equity Securities of the Pledged Persons pledged pursuant to the Pledge Agreements and (z) the Pledged Intercompany Notes pledged pursuant to the Security Agreements and (E) on the terms of and subject to clauses (C) and (D) above, the representations, warranties, covenants, and other provisions of this Agreement and other Credit Documents shall, as applicable, be interpreted to recognize that the Liens are to be perfected in only the above-described portion of the Collateral. If an Event of Default occurs and is continuing, the Administrative Agent, for the benefit of the Administrative Agent and the other Secured Parties, may take additional steps to perfect (and to require the Borrower to assist in perfecting) Liens on the Collateral.

(d) German, Polish and Dutch Parallel Security and Parallel Obligations. For the purposes of taking and ensuring the continuing validity of security under those Security Documents subject to the laws of (or to the extent affecting assets situated in) Germany, Poland or The Netherlands (the “Parallel Security”), the parties hereto agree that notwithstanding any contrary provision in any of the Credit Documents:

 

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(i) the Borrower undertakes (such undertakings are referred to hereinafter as the “Parallel Obligations”) to pay to the Administrative Agent, without duplication and when due, amounts equal to all present and future amounts owing by the Borrower to any Secured Party;

(ii) the Administrative Agent shall have its own independent right, subject to the terms and conditions of this Agreement, to demand payment of the Parallel Obligations when due;

(iii) the Parallel Obligations shall not limit or affect the existence of the Secured Obligations to a Secured Party, for which such Secured Party shall have an independent right, subject to the terms and conditions of this Agreement, to demand payment when due;

(iv) notwithstanding Sections 2.14(d)(ii) and 2.14(d)(iii), payment by the Borrower of its Parallel Obligations to the Administrative Agent shall to the same extent decrease and be a good discharge of the corresponding Secured Obligations owing to the relevant Secured Party and payment by the Borrower of its Secured Obligations to the relevant Secured Party shall to the same extent decrease and be a good discharge of the corresponding Parallel Obligations owing by the Borrower to the Administrative Agent;

(v) the Parallel Obligations are owed to the Administrative Agent in its own name and not as agent or representative of any other Person nor as trustee and the Parallel Security shall secure the Parallel Obligations so owing; and

(vi) without limiting or affecting the Administrative Agent’s right to protect, preserve or enforce its rights under any Security Document, the Administrative Agent undertakes to each Secured Party not to exercise its rights in respect of the Parallel Obligations without the consent of the relevant Secured Party, to the extent required under this Credit Agreement.

(e) Release of Collateral. Upon termination of the Revolving Loan Commitments, the Term Loan Commitments, the other Facilities, the Guarantees in respect thereof and all other Credit Documents and the payment in full of the Secured Obligations (other than any Unaccrued Indemnity Claims), as long as no Event of Default has occurred and is continuing and such Secured Obligations have not been accelerated, the Liens granted to or held by the Administrative Agent upon any Collateral shall be released.

SECTION 2.15. Replacement of the Lenders. If (a) any Lender shall become a Defaulting Lender more than one time in a period of 12 consecutive months, (b) any Lender shall continue as a Defaulting Lender for more than five Business Days at any time, (c) any Lender shall suspend its obligation to make or maintain LIBOR Loans pursuant to Section 2.11(a) or 2.11(b), (d) any Lender shall demand any payment under Sections 2.11(c), 2.11(d) or 2.12, (e) any Lender’s right to payment under Section 2.12 changes as a result of a Change in Law (unless such Lender confirms to the Borrower that it will not seek any additional amounts as a consequence of such Change in Law), (f) any Lender that is not the Administrative Agent or an Affiliate of the Administrative Agent does not consent to any amendment, waiver or consent to any Credit Document for which the consent of the Required Lenders is obtained but that requires

 

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the consent of all Lenders, (g) any Revolving Lender that is not the Administrative Agent or an Affiliate of the Administrative Agent does not consent to any amendment, waiver or consent to any Credit Document for which the consent of the Required Revolving Lenders is obtained but that requires the consent of all Revolving Lenders or (h) any Term Lender that is not the Administrative Agent or an Affiliate of the Administrative Agent does not consent to any amendment, waiver or consent to any Credit Document for which the consent of the Required Term Lenders is obtained but that requires the consent of all Term Lenders, then the Administrative Agent (i) may replace such Lender (the “Affected Lender”), or cause such Affected Lender to be replaced, or (ii) upon the written request of the Borrower, the Administrative Agent shall replace such Affected Lender with an Eligible Assignee identified by the Borrower (the “Replacement Lender”) satisfying the requirements of an Assignee Lender under Section 8.05(c) (provided that at the time of the assignment, such Assignee Lender shall not be subject to the circumstances described in Section 2.15(a) through 2.15(h)), by having such Affected Lender sell and assign all of its rights and obligations under this Agreement and the other Credit Documents (including for purposes of this Section 2.15, participations in L/C Obligations and in Swing Line Loans) to the Replacement Lender pursuant to Section 8.05(c); provided, however, that if the Borrower seeks to exercise such right as a result of a Lender request for payment under Section 2.12, it must do so within 120 days (180 days in respect to Borrower’s invoking any replacement right as a result of the occurrence of any event or events giving rise to a Lender’s right to payment under Section 2.12) after the Borrower first receives notice of the occurrence of the event or events giving rise to such right, and neither the Administrative Agent nor any Lender shall have any obligation to identify or locate a Replacement Lender for the Borrower (it being expressly agreed that in such circumstances it is the Borrower’s obligation to identify or locate a Replacement Lender). Upon receipt by any Affected Lender of a written notice from the Administrative Agent stating that the Administrative Agent or the Borrower is exercising the replacement right set forth in this Section 2.15, such Affected Lender shall sell and assign all of its rights and obligations under this Agreement and the other Credit Documents (including for purposes of this Section 2.15, participations in L/C Obligations and in Swing Line Loans) to the Replacement Lender pursuant to an Assignment Agreement and Section 8.05(c) for a purchase price equal to the sum of the principal amount of such Affected Lender’s Loans so sold and assigned, all accrued and unpaid interest thereon and its ratable share of all fees to which it is entitled through the Assignment Date.

SECTION 2.16. Increases of the Revolving Loan Commitments; Adjustments to Revolving Loan Commitments.

(a) Increases of Revolving Loan Commitments.

(i) Following the Effective Date, the Borrower may from time to time through the Revolving Loan Maturity Date, propose to increase the aggregate amount of the Revolving Loan Commitments in accordance with this Section 2.16; provided that (A) no Event of Default has occurred and is continuing (or shall occur as a result of the requested Increased Revolving Loan Commitment), and (B) the Borrower shall be in pro forma compliance with all covenants set forth in Sections 5.02(a) and 5.02(b), and in Pro Forma Compliance with the Financial Covenants.

 

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(ii) The aggregate principal amount of the increases to the Revolving Loan Commitments made pursuant to this Section 2.16 (the amount of any such increase, each, an “Increased Revolving Loan Commitment”), shall not exceed $50,000,000; provided that each Increased Revolving Loan Commitment must be at least $10,000,000 and in integral multiples of $5,000,000 in excess thereof. The Borrower shall provide at least 30 days notice to the Administrative Agent (which shall promptly provide a copy of such notice to the Revolving Lenders) of any requested Increased Revolving Loan Commitment. Each such notice delivered by the Borrower shall be irrevocable.

(b) Adjustment to Revolving Loan Commitment.

(i) Each Revolving Lender shall have the right (but not the obligation), for a period of 10 days following receipt of the notice referred to in Section 2.16(a), to elect by written notice to the Borrower and the Administrative Agent to participate in the requested Increased Revolving Loan Commitment pro rata according to its then respective Revolving Proportionate Share. No Revolving Lender which fails to respond shall be deemed to have elected to increase its Revolving Loan Commitment in response to a notice by the Borrower under this Section 2.16.

(ii) If any Revolving Lender party to this Agreement (whether at the Effective Date or by assignment thereafter) elects not to increase its Revolving Loan Commitment pro rata according to its Revolving Proportionate Share pursuant to clause (i), the Borrower may designate one or more other lenders which qualify as Eligible Assignees (which may be, but need not be, existing Revolving Lenders) which at the time agrees to (A) in the case of any such designated Revolving Lender that is an existing Revolving Lender, increase its Revolving Proportionate Share of the Revolving Loan Commitment and (B) in the case of any other such lender (an “Additional Revolving Lender”), become a party to this Agreement as a Revolving Lender. The sum of the increases in the Revolving Proportionate Share of the existing Revolving Lenders pursuant to this clause (ii) plus the new commitments of the Additional Revolving Lenders, if any, shall not in the aggregate exceed the unsubscribed amount of the requested Increased Revolving Loan Commitment, nor shall the requested Increased Revolving Loan Commitment exceed the sum of the increases in the Revolving Proportionate Share of the existing Revolving Lenders pursuant to clause (i) and this clause (ii) plus the new commitments of the Additional Revolving Lenders.

(iii) An increase in the aggregate amount of the Revolving Loan Commitments pursuant to this Section 2.16 shall become effective upon the receipt by the Administrative Agent of an agreement in form and substance reasonably satisfactory to the Administrative Agent and the Borrower signed by the Borrower, by each Additional Revolving Lender and by each existing Lender whose Revolving Proportionate Share of the Revolving Loan Commitments is to be increased, setting forth the new Revolving Proportionate Share of the Revolving Loan Commitments of such Lenders and setting forth the agreement of each Additional Revolving Lender to become a party to this Agreement as a Revolving Lender and to be bound by all the terms and provisions hereof, together with such evidence of appropriate corporate authorization on the part of the Borrower with respect to the requested Increased Revolving Loan Commitment, amendments to any Credit Documents reasonably requested by the Administrative Agent in relation to the requested Increased Revolving Loan Commitment

 

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solely to reflect such Increased Revolving Loan Commitment (which amendments the Administrative Agent is hereby authorized to execute on behalf of the Lenders) and such opinions of counsel for the Borrower with respect to the requested Increased Revolving Loan Commitment and other assurances as the Administrative Agent may reasonably request.

ARTICLE III CONDITIONS PRECEDENT

SECTION 3.01. Initial Conditions Precedent. The effectiveness of this Agreement and the obligations of the Lenders to make the Loans comprising the initial Borrowing on or after the Effective Date and of the L/C Issuer to issue Letters of Credit on or after the Effective Date are subject to receipt by the Administrative Agent, on or prior to the Effective Date, of each item listed below, each in form and substance satisfactory to the Administrative Agent, and with sufficient copies for the Administrative Agent and each Lender (or, in the case of Section 3.01(g), fulfillment of the conditions specified therein); provided that the Administrative Agent in its sole and absolute discretion may authorize the first Credit Event to occur and condition the occurrence of any one or all subsequent Credit Events on the Administrative Agent and the Borrower entering into the Post Effective Date Requirements Letter Agreement setting forth the terms and dates for post Effective Date compliance with unfulfilled conditions precedent contemplated in this Section 3.01 in respect of Collateral delivery (free from adverse claims) and perfection matters relating to certain of Borrower’s Non-US Subsidiaries and Non-US jurisdictions and the other matters specified therein:

(a) Principal Credit Documents.

(i) This Agreement, duly executed by the Borrower, CBII and the Administrative Agent, and delivery of a Lender Addendum by each Lender;

(ii) The Notes payable to each Lender requesting a Note in accordance with Section 2.08(b), each duly executed by the Borrower;

(iii) The Guarantee Agreements in form and substance satisfactory to the Administrative Agent, duly executed by the parties thereto;

(iv) A Security Agreement in form and substance satisfactory to the Administrative Agent, duly executed by the parties thereto, together with (A) Uniform Commercial Code financing statements naming the Loan Parties party thereto, and (B) original promissory notes existing on the Effective Date from CBII to the Borrower evidencing intercompany advances (together with any further original promissory notes from time to time evidencing intercompany advances from CBII to the Borrower, collectively, the “Pledged Intercompany Notes”) and duly endorsed in blank;

(v) A Pledge Agreement in form and substance satisfactory to the Administrative Agent, duly executed by the parties thereto, together with original stock certificates or other satisfactory evidence of pledge if and to the extent applicable under local law, representing Equity Securities pledged (collectively, the “Pledged Equity Securities”), as applicable, of each Pledged Person and, as applicable, signed and undated stock powers; and

 

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(vi) The Intellectual Property Security Agreements, in form and substance satisfactory to the Administrative Agent, duly executed by the parties thereto.

(b) Borrower Organizational Documents.

(i) The certificate of formation of the Borrower, certified as of a recent date prior to the Effective Date by the Secretary of State of Delaware;

(ii) A certificate of the Secretary or an Assistant Secretary of the Borrower, dated the Effective Date, certifying that (A) attached thereto is a true and correct copy of the certificate of formation, the operating agreement and bylaws of the Borrower as in effect on the Effective Date; (B) attached thereto is a true and correct copy of a Board Resolution of the Borrower, which authorizes the execution, delivery and performance by the Borrower of this Agreement and the other Credit Documents executed or to be executed by the Borrower and the consummation of the transactions contemplated hereby and thereby and (C) there are no proceedings for the dissolution or liquidation of the Borrower;

(iii) A certificate of the Secretary or an Assistant Secretary of the Borrower, dated the Effective Date, certifying the incumbency, signatures and title of the officers of the Borrower authorized to, and who have acted to, execute, deliver and perform this Agreement, the other Credit Documents and all other documents, instruments or agreements related thereto executed or to be executed by the Borrower; and

(iv) Certificates of good standing for the Borrower, certified as of a recent date prior to the Effective Date by the Secretary of State (or comparable official) of Delaware and each state or jurisdiction in which the Borrower is qualified to do business.

(c) Guarantors, Pledged Persons and Pledgors.

(i) The certificate of incorporation, articles of incorporation, certificate of limited partnership, articles of organization or comparable document or available organizational document of each Guarantor, Pledged Person and Pledgor, certified (to the extent available) as of a recent date prior to the Effective Date by the Secretary of State (or comparable public official) of its state or jurisdiction of incorporation or formation;

(ii) A certificate of the Secretary or an Assistant Secretary (or comparable officer) of each Guarantor, Pledged Person and Pledgor, dated the Effective Date, certifying that (A) attached thereto is a true and correct copy of the certificate of incorporation, articles of incorporation, certificate of limited partnership, articles of organization or comparable document or available organizational document of such Guarantor, Pledged Person or Pledgor, as the case may be, as in effect on the Effective Date, (B) attached thereto is a true and correct copy of the bylaws, partnership agreement, limited liability company agreement or comparable document (if any) of such Guarantor, Pledged Person or Pledgor, as the case may be, as in effect on the Effective Date; (C) in the case of each Guarantor or Pledgor, attached thereto are true and correct copies of resolutions duly adopted by the Board of Directors or other governing body of such Guarantor or Pledgor, as the case may be (or other comparable enabling action) if applicable and continuing in effect, which authorize the execution, delivery and performance by such Guarantor or Pledgor of the Credit Documents to be executed by such Guarantor or Pledgor

 

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and the consummation of the transactions contemplated thereby and (D) there are no proceedings for the dissolution or liquidation of such Guarantor, Pledged Person or Pledgor, as the case may be;

(iii) A certificate of the Secretary or an Assistant Secretary (or comparable officer) of each Guarantor, Pledgor and Pledged Person (except those Persons organized in Bermuda, Germany and Costa Rica as to which available incumbency certifications will be provided), dated the Effective Date, certifying the incumbency, signatures and title of the Persons signing on behalf of such Guarantor, Pledged Person or Pledgor, as the case may be, authorized to execute, deliver and perform the Credit Documents to be executed by such Guarantor, Pledged Person or Pledgor, as the case may be; and

(iv) A certificate of good standing (or comparable certificate), if available, for each Guarantor, Pledged Person, and Pledgor, certified as of a recent date prior to the Effective Date by the Secretary of State (or comparable public official) of its state or jurisdiction of incorporation or formation.

(d) Financial Statements; Financial Condition.

(i) A copy of the draft unaudited Financial Statements of the Borrower Entities for the fiscal year ended December 31, 2007 (prepared on a consolidated basis), prepared to present fairly the financial condition, results of operations and other information reflected therein as of the date thereof and to have been prepared in accordance with GAAP (subject to normal year end audit adjustments and omission of footnotes and statement of shareholder’s equity);

(ii) A copy of the audited consolidated Financial Statements of the CBII Entities for the fiscal year ended December 31, 2007 reported on by Ernst & Young LLP or other independent public accountants of recognized national standing and registered with the Public Company Accounting Oversight Board (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit in connection with such Financial Statements);

(iii) A copy of the most recently completed annual report (Form 5500 Series) filed with the Employee Benefits Security Administration with respect to each Pension Plan of any applicable Loan Parties;

(iv) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the budget and projected Financial Statements of the CBII Entities by fiscal year for each of the fiscal years from the Effective Date through December 31, 2012, together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of the CBII Entities, all in reasonable detail and in any event to include (A) projected Capital Expenditures and (B) annual projections of the Borrower’s compliance with the Financial Covenants;

(v) A certificate executed by the Chief Accounting Officer, Chief Financial Officer or Treasurer of the Borrower which certifies that, as of the Effective Date

 

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before and after giving pro forma effect to the Transaction, no Default has occurred and is continuing; and

(vi) Such other financial, business and other information regarding the CBII Entities as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender reasonably may request, including information as to possible contingent liabilities, tax matters, environmental matters and obligations for employee benefits and compensation.

(e) Collateral Documents.

(i) Such Uniform Commercial Code financing statements (including, where applicable, Uniform Commercial Code fixture filings with respect to each of the Properties) shall have been filed (or delivered to the Administrative Agent for filing) in such jurisdictions as the Administrative Agent may request to perfect the Liens granted to the Administrative Agent in this Agreement, the Security Documents and the other Credit Documents;

(ii) Such Uniform Commercial Code termination statements (appropriately completed and executed) shall have been filed (or delivered to the Administrative Agent for filing) in such jurisdictions as the Administrative Agent may request to terminate any financing statement evidencing Liens of other Persons in the Collateral which have priority over the Liens granted to the Administrative Agent in this Agreement, the Security Documents and the other Credit Documents, except for any such prior Liens which are expressly permitted by this Agreement to have such priority;

(iii) Uniform Commercial Code searches from the jurisdictions in which Uniform Commercial Code financing statements are to be filed pursuant to Section 3.01(e)(i) reflecting no other financing statements or filings which evidence Liens of other Persons in the Collateral which have priority over the Liens granted to the Administrative Agent in this Agreement, the Security Documents and the other Credit Documents, except for any such prior Liens (A) which are expressly permitted by this Agreement to have such priority or (B) for which the Administrative Agent has received a termination statement pursuant to Section 3.01(e)(ii);

(iv) The stock certificates, if applicable, representing (A) the Equity Interests of each of the Pledged Persons listed on Schedule III, in the percentage(s) of each such Pledged Person pledged as indicated on Schedule III, together with, as applicable, undated stock powers or other instruments of transfer duly executed by any applicable Loan Party, in blank and attached thereto (it being understood that CBII shall cause each Person required to deliver such stock certificates or other documentation to take such other steps as may be requested by the Administrative Agent to perfect the Administrative Agent’s Lien in such Collateral in compliance with any applicable law);

(v) Appropriate documents for filing with the United States Patent and Trademark Office and the United States Copyright Office necessary to perfect the security interests granted in the IP, in each case to the Administrative Agent by the Security Documents,

 

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all appropriately completed and duly executed by any applicable CBII Entity and, where appropriate, notarized or legalized, as applicable;

(vi) A certificate of CBII certifying that the Significant Parties possess all material environmental permits necessary for the conduct of their respective businesses;

(vii) Such other documents, instruments and agreements as the Administrative Agent may reasonably request to establish and perfect the Liens granted to the Administrative Agent in the Collateral pursuant to this Agreement, the Security Documents and the other Credit Documents; and

(viii) Such other evidence as the Administrative Agent may reasonably request to establish that the Liens granted to the Administrative Agent in the Collateral pursuant to this Agreement, the Security Documents and the other Credit Documents are perfected (to the extent that the Credit Documents obligate the Loan Parties to provide such a perfected Lien) and have priority over the Liens of other Persons in the Collateral, except for any such Liens which are expressly permitted by this Agreement to be prior.

(f) Opinions. Favorable written opinions (i) from Taft, Stettinius & Hollister LLP, Skadden, Arps, Slate, Meagher & Flom LLP and counsel (which may be in-house counsel of the CBII Entities) in Bermuda, Costa Rica, Germany, Guatemala, The Netherlands, Italy, Poland and the United Kingdom and certain States of the US, for applicable Borrower Entities, each dated the Effective Date, addressed to the Administrative Agent for the benefit of the Administrative Agent and the Lenders and covering such customary legal matters as the Administrative Agent may request and otherwise in form and substance satisfactory to the Administrative Agent, (ii) from local counsel in each State of the US where any of the Properties is located (with respect to the enforceability and perfection of the Mortgages and any related fixture filings), in form and substance satisfactory to the Administrative Agent, each dated as of the Effective Date and delivered to the Administrative Agent for the benefit of the Administrative Agent and the Lenders, with such changes as may be satisfactory to the Administrative Agent and its counsel to account for local law matters, and (iii) from applicable counsel (which may be in-house counsel), with respect to certain corporate matters relating to each mortgagor with respect to the Properties, in form and substance satisfactory to the Administrative Agent, to be delivered to the Administrative Agent for the benefit of the Administrative Agent and the Lenders contemporaneously with the delivery of the opinions referenced in clause (ii) above.

(g) Other Items.

(i) Evidence of insurance endorsements or certificates naming the Administrative Agent as lenders’ loss payee, mortgagee and additional insured, as required by Section 5.01(d);

(ii) The pay-off letter in respect of the Indebtedness under the Existing Credit Agreement, executed and delivered by the parties thereto, and evidence that all existing Liens on any assets of the CBII Entities other than Permitted Liens have been or concurrently with the Effective Date are being released;

 

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(iii) A hierarchy report for the CBII Entities, setting forth the relationship among such Persons, certified by the Secretary or an Assistant Secretary of CBII confirming the capital structure and ownership structure of the CBII Entities as previously disclosed to the Administrative Agent with any changes thereto satisfactory to the Administrative Agent;

(iv) A certificate of the President, Chief Financial Officer, Chief Accounting Officer or Treasurer of CBII, addressed to the Administrative Agent and dated the Effective Date, certifying that each of the Significant Subsidiaries is and, after the execution and delivery of the Credit Documents and the consummation of the transactions contemplated thereby, will be Solvent;

(v) The Lead Arranger shall be satisfied that all Existing Indebtedness, other than the Surviving Indebtedness, has been prepaid, redeemed or defeased in full or otherwise satisfied and extinguished and all commitments related thereto terminated;

(vi) All Governmental Authorizations necessary in connection with the Transaction and the Facilities (except for (A) the filing of the UCC financing statements to be filed on the Effective Date, (B) the filing of the Intellectual Property Security Agreements to be filed in the appropriate indexes of the United States Patent and Trademark Office relative to patents and trademarks, and the United States Copyright Office relative to copyrights on the Effective Date or (C) as otherwise permitted under the Post Effective Date Requirements Letter Agreement) shall have been obtained and shall remain in effect and all applicable waiting periods shall have expired without any action being taken by any competent Governmental Authority that could reasonably be expected to have a material adverse effect on the ability of the Borrower and the Guarantors to perform their obligations under the Credit Documents;

(vii) All Pre-Commitment Information shall be true, correct and complete in all material respects. No additional information that pertains to the period prior to the execution of the Commitment Letter shall have come to the attention of the Administrative Agent, any of the Lead Arranger or the Lenders that is inconsistent with the Pre-Commitment Information and could reasonably be expected to have a Material Adverse Effect;

(viii) All fees and expenses payable to the Administrative Agent and the Lenders on or prior to the Effective Date (including all fees payable to Rabobank pursuant to the Fee Letter) shall have been paid;

(ix) Payment of all fees and expenses of counsel to the Administrative Agent through the Effective Date to the extent the Borrower or CBII has received an invoice therefor; and

(x) Such other evidence as the Administrative Agent or any Lender may reasonably request to establish (A) the accuracy and completeness of the representations and warranties in all material respects (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be true and correct in all respects) both immediately before and after giving effect to the Transaction and (B) the

 

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compliance with the terms and conditions contained in this Agreement and the other Credit Documents.

(h) Mortgages. Mortgages duly executed by the appropriate Loan Party with respect to each of the Properties, together with:

(i) evidence that counterparts of the Mortgages have been either (A) duly recorded on or before the Effective Date or (B) duly executed, acknowledged and delivered in form suitable for filing or recording, in all filing or recording offices that the Administrative Agent may deem necessary or desirable in order to create a valid first and subsisting Lien, subject to any Liens which are expressly permitted by this Agreement to be prior, on the property described therein in favor of the Administrative Agent pursuant to this Agreement or any other Credit Document and that all filing and recording taxes and fees have been paid;

(ii) fully paid American Land Title Association Lender’s Extended Coverage title insurance policies (the “Mortgage Policies”) with endorsements and in amounts acceptable to the Administrative Agent, issued, coinsured and reinsured by title insurers acceptable to the Administrative Agent, insuring the Mortgages to be valid first and subsisting Liens on the property described therein, free and clear of all defects (including mechanics’ and materialmen’s Liens) and encumbrances, excepting only any Liens which are expressly permitted by this Agreement to be prior, and providing for such other affirmative insurance (including endorsements for future advances under the Credit Documents and for mechanics’ and materialmen’s Liens) and such coinsurance and direct access reinsurance as the Administrative Agent may deem necessary or desirable;

(iii) such affidavits, certificates, information (including financial data) and instruments of indemnification (including a so-called “gap” indemnification) as shall be required to induce the title company to issue the Mortgage Policies referred to in clause (ii) above;

(iv) estoppel certificates executed by all tenants of the Properties; provided, however, that the Borrower shall only be required to use commercially reasonable efforts to obtain such executed estoppel certificates;

(v) evidence of the insurance required by the terms of the Mortgages;

(vi) with respect to the Clayton County Property, a duly executed landlord estoppel and consent agreement, in form and substance satisfactory to the Administrative Agent, along with (A) a memorandum of lease and purchase option in recordable form with respect to the leasehold interest and purchase option created under the Clayton County Lease, executed and acknowledged by the owner of the affected real property, as lessor, or (B) evidence that the Clayton County Lease with respect to such leasehold interest or a memorandum thereof has been recorded in all places necessary, in the Administrative Agent’s reasonable judgment, to give constructive notice to third-party purchasers of such leasehold interest; and

 

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(vii) such other consents, agreements and confirmations of lessors and third parties as the Administrative Agent may deem necessary or desirable and evidence that all other actions that the Administrative Agent may deem necessary or desirable.

SECTION 3.02. Conditions Precedent to each Credit Event. The occurrence of each Credit Event is subject to the further conditions that:

(a) The Borrower shall have delivered to the Administrative Agent and, if applicable, the L/C Issuer or the Swing Line Lender, the Notice of Borrowing, Letter of Credit Application, Notice of Conversion or Notice of Interest Period Selection, as the case may be, for such Credit Event in accordance with this Agreement; and

(b) On the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct:

(i) The representations and warranties of the Significant Parties set forth in Article IV and in the other Credit Documents are true and correct in all material respects (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be true and correct in all respects) as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true in all respects or all material respects, as applicable, as of such date),

(ii) No Default has occurred and is continuing or will result from such Credit Event,

(iii) No Material Adverse Change shall have occurred and be continuing,

(iv) Subject to the qualifications set forth in Section 4.01(c), all of the Credit Documents are in full force and effect except any which by their terms were to have expired or have been superseded and any which have been voluntarily terminated, and

(v) The occurrence of such Credit Event shall not violate any provision of, or result in the breach of any contractual obligation under, the Senior Notes (7 1/2%) Indenture, the Senior Notes (8 7/8%) Indenture and the Convertible Notes Indenture and the Administrative Agent, on behalf of the Lenders, shall have received a certificate executed by an Officer of the Borrower to such effect.

The submission by the Borrower to the Administrative Agent of each Notice of Borrowing, each Letter of Credit Application, each Notice of Conversion (other than a notice for a conversion to a Base Rate Loan) and each Notice of Interest Period Selection shall be deemed to be a representation and warranty by the Borrower that each of the statements set forth above in this Section 3.02(b) is true and correct as of the date of such notice.

ARTICLE IV REPRESENTATIONS AND WARRANTIES

SECTION 4.01. Representations and Warranties. In order to induce the Administrative Agent and the Lenders to enter into this Agreement, each of CBII and the

 

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Borrower hereby represents and warrants to the Administrative Agent and the Lenders for itself and each of the other Significant Parties as follows and each of CBII and the Borrower hereby agrees that each of such representations and warranties shall survive until full, complete and indefeasible payment and performance of the Secured Obligations and termination of the Commitments (except that representations or warranties as to information included in Schedules 4.01(n), (q), (w), (z) and (aa) shall apply as of the date provided or the date of the most recent supplement):

(a) Due Incorporation, Qualification. Each of the Significant Parties (i) is a corporation, partnership or limited liability company or similar entity duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation; (ii) has the requisite power and authority to own, lease and operate its properties and carry on its business as now conducted and (iii) is duly qualified, licensed to do business and in good standing as a corporation, partnership, limited liability company or other entity, as applicable, in each jurisdiction where its ownership, lease or operation of property or the conduct of its business requires such qualification or license and where the failure to be so qualified or licensed, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

(b) Authority. The execution, delivery and performance by each Loan Party of each Credit Document executed, or to be executed, by such Loan Party and the consummation of the transactions contemplated thereby (i) are within the corporate, limited liability company or partnership or similar power of such Loan Party and (ii) have been duly authorized by all necessary actions on the part of such Loan Party.

(c) Enforceability. Each Credit Document executed, or to be executed, by each Loan Party has been, or will be, duly executed and delivered by such Loan Party and constitutes, or will constitute, a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, except (i) as limited by Debtor Relief Laws relating to or affecting the enforcement of creditors’ rights generally and general principles of equity and (ii) as to the effect of Non-US laws which may limit the enforcement of certain provisions of the Credit Documents executed by a Person that is not a US Person provided that the effect thereof does not have a material adverse effect on the rights and remedies of the Administrative Agent and the Lenders under such Credit Documents.

(d) Non-Contravention. The execution and delivery by each Loan Party of the Credit Documents executed by such Loan Party and the performance and consummation of the transactions (including the use of Loan proceeds) contemplated thereby do not (i) violate any Requirement of Law applicable to such Loan Party, (ii) violate any provision of, or result in the breach or the acceleration of, or entitle any other Person to accelerate (whether after the giving of notice or lapse of time or both), any Contractual Obligation of such Loan Party, (iii) result in the creation or imposition of any Lien (or the obligation to create or impose any Lien) upon any property, asset or revenue of such Loan Party (except such Liens as may be created in favor of the Administrative Agent for the benefit of itself and the other Secured Parties pursuant to this Agreement or the other Credit Documents) or (iv) violate any provision of any existing law, rule, regulation, order, writ, injunction or decree of any court or Governmental Authority to which it is

 

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subject, except in each case in each of clauses (i), (ii), (iii) and (iv) above where such breach or violation could not reasonably be expected to have a Material Adverse Effect.

(e) Approvals.

(i) Other than any such matters that may be required of a Lender that is not a US Person in connection with its involvement in the transactions contemplated by this Agreement, no consent, approval, order or authorization of, or registration, declaration or filing with, any Governmental Authority or other Person (including the shareholders of any Person) is required in connection with the execution and delivery of the Credit Documents executed by any Loan Party or the performance or consummation of the transactions contemplated thereby, except for those which have been made or obtained and are in full force and effect and except with respect to that portion of the Collateral the perfection of which is not required pursuant to the terms of this Agreement or any Security Document.

(ii) All Governmental Authorizations for the due execution, delivery, recordation, filing or performance by any Loan Party of any Credit Document to which it is or it is to be a party, or further consummation of the Transaction (except for (A) the filing of the UCC financing statements to be filed on the Effective Date, (B) the filing of the Intellectual Property Security Agreements to be filed in the appropriate indexes of the United States Patent and Trademark Office relative to patents and trademarks, and the United States Copyright Office relative to copyrights on the Effective Date or (C) as otherwise permitted under the Post Effective Date Requirements Letter Agreement), have been duly obtained and are in full force and effect without any known conflict with the rights of others and free from any unduly burdensome restrictions, except where any such failure to obtain such Governmental Authorizations or any such conflict or restriction could not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect. No Significant Party has received any written notice or other written communications from any Governmental Authority regarding (i) any revocation, withdrawal, suspension, termination or modification of, or the imposition of any material conditions with respect to, any such Governmental Authorization or (ii) any other limitations on the conduct of business by any Significant Party, except where any such revocation, withdrawal, suspension, termination, modification, imposition or limitation could not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

(iii) No Governmental Authorization is required for either (A) for the pledge or grant by any Loan Party as applicable of the Liens against the Collateral in which the Administrative Agent is to have a perfected Lien in favor of the Administrative Agent pursuant to this Agreement or any other Credit Document or (B) the exercise by the Administrative Agent of any rights or remedies in respect of any such Collateral in which the Administrative Agent is to have a perfected Lien in favor of the Administrative Agent pursuant to this Agreement or any other Credit Document (whether specifically granted or created pursuant to any of the Security Documents or created or provided for by any Governmental Rule), except for (1) such Governmental Authorizations that have been obtained and are in full force and effect and fully disclosed to the Administrative Agent in writing and (2) filings or recordings contemplated in connection with this Agreement or any Security Document.

 

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(f) No Violation or Default. No Significant Party is in violation of or in default with respect to (i) any Requirement of Law applicable to such Person or (ii) any Contractual Obligation of such Person (nor is there any waiver in effect which, if not in effect, could result in such a violation or default), except where, in each case, such violation or default could not reasonably be expected to have a Material Adverse Effect. No Default has occurred and is continuing.

(g) Litigation. No action (including a derivative action), suit, proceeding or investigation is pending or, to the knowledge of any of CBII’s or the Borrower’s officers or directors, threatened against any Significant Party at law or in equity in any court, arbitration proceeding or before any other Governmental Authority which (i) could (alone or in the aggregate) reasonably be expected to have a Material Adverse Effect or (ii) seeks to enjoin, either directly or indirectly, the execution, delivery or performance by any Loan Party of the Credit Documents or the transactions contemplated thereby.

(h) Financial Statements. The Financial Statements of the CBII Entities and the Borrower Entities (other than the draft financial statements delivered pursuant to Section 3.01(d)(i)) which have been delivered to the Administrative Agent (i) are in accordance with the books and records of the CBII Entities or the Borrower Entities, as the case may be, which have been maintained in accordance with good business practice, (ii) have been prepared in conformity with GAAP (subject to absence of footnotes and normal year-end adjustments for interim financials) and (iii) present fairly in all material respects the financial conditions, results of operations, and cash flows of the CBII Entities or the Borrower Entities, as the case may be, as of the respective dates thereof and for the periods covered thereby. Since December 31, 2007, there has been no development or event that has had or could reasonably be expected to have a Material Adverse Effect. No Loan Party has any Contingent Obligations, liability for taxes or other outstanding obligations which, in any such case, could reasonably be expected to have a Material Adverse Effect.

(i) Creation, Perfection and Priority of Liens.

(i) The Security Agreements are effective to create in favor of the Administrative Agent, for the benefit of itself and the other Secured Parties, a legal, valid, binding and enforceable Lien, and (to the extent that this Agreement obligates the Loan Parties to provide such a perfected first priority Lien, and except to the extent Permitted Liens are expressly permitted herein to have priority) a first priority Lien, in the Collateral described therein as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be, to the extent that a legal, valid, binding and enforceable Lien in such Collateral may be created under applicable law of the US and any states thereof, including the Uniform Commercial Code. In the case of any Pledged Intercompany Notes, when any such Pledged Intercompany Notes duly endorsed in blank (and any other actions, filings, registrations, or recordings that may be necessary under any applicable Non-US jurisdiction) are delivered to the Administrative Agent, the Lien created by the Security Agreements on such Pledged Intercompany Notes shall constitute a fully perfected first priority Lien on, and security interest in, all right, title and interest of the Loan Parties in such Collateral as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be. In the case of the Collateral described in the Security Agreements a security interest in which may be perfected by

 

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the filing of a financing statement under the Uniform Commercial Code, when Uniform Commercial Code financing statements in appropriate form are filed in the applicable filing offices, the Security Agreements shall constitute a fully perfected Lien on, and security interest in, all right, title and interest of the Loan Parties in such Collateral set forth in the filings, as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be, prior and superior to the Lien of any other Person (except to the extent Permitted Liens are expressly permitted herein to have priority).

(ii) The Pledge Agreements are effective to create in favor of the Administrative Agent, for the benefit of itself and the other Secured Parties, a legal, valid, binding and enforceable Lien, and, if applicable (and to the extent that this Agreement obligates the Loan Parties to provide such a perfected first priority Lien, and except to the extent Permitted Liens are expressly permitted herein to have priority), a first priority Lien, in the Collateral described therein as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be, to the extent that a legal, valid, binding and enforceable Lien in such Collateral may be created under applicable law of the US and any states thereof, including the Uniform Commercial Code, or in any other applicable Non-US jurisdiction. In the case of any Pledged Equity Securities, when any stock certificates representing such Pledged Equity Securities, together with signed and undated stock powers (and any other actions, filings, registrations, or recordings that may be necessary under any applicable Non-US jurisdiction) are delivered to the Administrative Agent, the Lien created by the Pledge Agreements shall constitute a fully perfected first priority Lien on, and security interest in, all right, title and interest of the Loan Parties in such Collateral, as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be. In the case of the Collateral described in the Pledge Agreements a security interest in which may be perfected by the filing of a financing statement under the Uniform Commercial Code, when Uniform Commercial Code financing statements in appropriate form are filed in the applicable filing offices, the Lien created by the Pledge Agreements shall constitute a fully perfected first priority Lien on, and security interest in, all right, title and interest of the Pledgors in such Collateral, as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be.

(iii) The Intellectual Property Security Agreements are effective to create in favor of the Administrative Agent, for the benefit of itself and the other Secured Parties, a legal, valid, binding and enforceable first priority Lien (to the extent that this Agreement obligates the Loan Parties to provide such a perfected first priority Lien, and except to the extent Permitted Liens are expressly permitted herein to have priority) in the Collateral described therein as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be, to the extent that a legal, valid, binding and enforceable security interest in such Collateral may be created (i) with regard to such Collateral registered in the US under applicable law of the US and any states thereof, including the Uniform Commercial Code and the United States Trademark Act of 1946, the United States Patent Act of 1972 and the United States Copyright Act of 1976, as applicable (the “US IP Collateral”) or (ii) with regard to such Collateral registered in Non-US jurisdictions under the law of such applicable Non-US jurisdiction. Upon the proper and timely filing of (i) the Intellectual Property Security Agreements (or the short form security documents attached thereto) in the appropriate indexes of the United States Patent and Trademark Office relative to patents and trademarks, and the United States Copyright Office relative to copyrights, together with provisions for payment of all

 

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requisite fees, (ii) Uniform Commercial Code financing statements in appropriate form for filing in the applicable filing offices, and/or (iii) any other actions, filings, registrations, or recordings that may be necessary under the laws of any applicable Non-US jurisdiction, together with the proper fees, the Lien created by the Intellectual Property Security Agreements shall constitute a fully perfected Lien on, and security interest in, all right, title and interest of the Loan Parties in the US IP Collateral described therein, as security for the Secured Obligations or the Guarantees of the Secured Obligations, as the case may be, prior and superior to the Lien of any other Person (except to the extent Permitted Liens are expressly permitted herein to have priority).

(iv) Each Mortgage is effective to create, as security for the obligations purported to be secured thereby, a valid and enforceable first mortgage Lien on the respective property described therein in favor of the Administrative Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Parties, superior and prior to the rights of all third Persons, subject to Permitted Liens that are expressly permitted herein to have priority.

(j) Equity Securities. All outstanding Equity Securities of the Pledged Persons have been duly authorized, validly issued and to the extent applicable, are fully paid and non-assessable; there are no outstanding subscriptions, options, conversion rights, warrants or other agreements or commitments of any nature whatsoever (firm or conditional) obligating the Pledged Persons to issue, deliver or sell, or cause to be issued, delivered or sold, any additional Equity Securities of the Pledged Persons, or obligating the Borrower or the other Pledged Persons to grant, extend or enter into any such agreement or commitment; and all Equity Securities of the Pledged Persons have been offered and sold in compliance with all applicable US state securities laws and all other Requirements of Law, except where any failure to comply could not reasonably be expected to have a Material Adverse Effect.

(k) No Agreements to Sell Assets. Except as set forth on Schedule 4.01(k), no Significant Party has any legal obligation, absolute or contingent, to any Person to sell the assets of any Significant Party (except any Permitted Asset Disposition as permitted by Section 5.02(c)), or to effect any merger or consolidation of any Significant Party (except any Permitted Acquisition as permitted by Section 5.02(d)) or to enter into any agreement with respect thereto.

(l) Employee Benefit Plans. Except as set forth on Schedule 4.01(l):

(i) Based upon the latest actuarial valuation report of each Pension Plan and using the actuarial assumptions specified in IRC Section 412 for purposes of determining the Pension Plan’s minimum funding requirements, the present value of the accrued liability did not exceed the aggregate value of the assets of such Pension Plan by more than $3,500,000 in the case of any single Pension Plan and by more than $5,000,000 in the aggregate for all Pension Plans. Neither any Significant Party nor any ERISA Affiliate has post-retirement benefit obligations (determined as of the last day of CBII’s most recently ended fiscal year in accordance with FASB No. 106) under any Employee Benefit Plan which is a welfare plan (as defined in Section 3(1) of ERISA), other than liabilities attributable to health plan continuation coverage described in Part 6 of Title I(B) of ERISA, that could reasonably be expected to have a Material Adverse Effect.

 

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(ii) Each Employee Benefit Plan complies, in both form and operation, in all material respects, with its terms, ERISA and the IRC, except for instances of noncompliance which could not reasonably be expected to result in the incurrence by any Significant Party or any ERISA Affiliate of any material liability, fine or penalty. Each Employee Benefit Plan, related trust agreement, arrangement and commitment of any Significant Party or any ERISA Affiliate is legally valid and binding and in full force and effect. No Employee Benefit Plan is being audited or investigated by any government agency or is the subject of any pending or, to the best of the knowledge of any of CBII’s or the Borrower’s officers or directors, threatened claim or suit. None of the Borrower or any ERISA Affiliate nor, to the best of the knowledge of any of CBII’s or the Borrower’s officers or directors, any fiduciary of any Employee Benefit Plan has engaged in a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the IRC.

(iii) None of the Significant Parties and the ERISA Affiliates contributes to or has any material contingent obligations to any Multiemployer Plan. None of the Significant Parties and the ERISA Affiliates has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under Section 4201 of ERISA or as a result of a sale of assets described in Section 4204 of ERISA. None of the Significant Parties and the ERISA Affiliates has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of Section 4241 or Section 4245 of ERISA or that any Multiemployer Plan intends to terminate or has been terminated under Section 4041A of ERISA.

(iv) No Significant Party has (A) engaged in any transaction prohibited by any Governmental Rule applicable to any Non-US Plan, (B) failed to make full payment when due of all amounts due as contributions to any Non-US Plan or (C) otherwise failed to comply with the requirements of any Governmental Rule applicable to any Non-US Plan where the above, singly or cumulatively, could reasonably be expected to have a Material Adverse Effect.

(v) No ERISA Event has occurred or is reasonably expected to occur that could reasonably be expected to have a Material Adverse Effect.

(m) Other Regulations. No Significant Party is subject to regulation under the Investment Company Act of 1940, the Federal Power Act, the Interstate Commerce Act or any state public utilities code, or to any other Governmental Rule limiting its ability to incur indebtedness where singularly or cumulatively such limitation could reasonably be expected to have a Material Adverse Effect.

(n) Trademarks, Patents, Copyrights and Licenses. The Significant Parties each possess and either own, or have the right to use to the extent required by their business operations, all trademarks, trade names, copyrights, patents, patent rights and licenses (collectively, “Trademarks”) which are material to the conduct of their respective businesses as now operated, including the Principal Trademarks. The Borrower owns all material Trademarks that are trademarks. All such material Trademarks, including all Principal Trademarks, are set forth on Schedule 4.01(n) as supplemented by the Borrower annually in accordance with Section 5.01(a)(vi). The Significant Parties each conduct their respective businesses without

 

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infringement, misappropriation, dilution, misuse or other violation or, to the best of the knowledge of any of CBII’s or the Borrower’s officers or directors, after Due Inquiry, claim of infringement, misappropriation, dilution, misuse or other violation of any trademark, trade name, trade secret, service mark, patent, copyright, license or other intellectual property rights of any other Person (which is not a Significant Party), except where such infringement, misappropriation, dilution, misuse or other violation or claim of infringement, misappropriation, dilution, misuse or other violation could not reasonably be expected to have a Material Adverse Effect. To the best of the knowledge of any of CBII’s or the Borrower’s officers or directors there is no infringement, misappropriation, dilution, misuse or other violation of any material trademark, trade name, trade secret, service mark, patent, copyright, license or other intellectual property right of any of the Borrower Entities except where such infringement, misappropriation, dilution, misuse or other violation could not reasonably be expected to have a Material Adverse Effect. Each of the material patents, trademarks, trade names, service marks and copyrights owned by any Significant Party which is registered with any Governmental Authority is set forth on Schedule 4.01(n).

(o) Governmental Charges. The Significant Parties have filed or caused to be filed all US Federal and material state tax returns which are required to be filed by them. The Significant Parties have paid, or made provision for the payment of, all taxes and other material Governmental Charges which have or may have become due pursuant to said returns or otherwise and all other Indebtedness, except (i) such Governmental Charges or Indebtedness, if any, which are being contested in good faith and by appropriate proceedings and as to which adequate reserves (determined in accordance with GAAP) have been established therefor and (ii) taxes not yet due and payable. Proper and accurate amounts have been withheld by the Significant Parties from their employees for all periods in compliance with the tax, social security and unemployment withholding provisions of applicable federal, state, local and Non-US law and such withholdings have been timely paid when due to the respective Governmental Authorities in all material respects. The Significant Parties have not executed or filed with the US Internal Revenue Service or any other Governmental Authority any agreement or other document that extends, or has the effect of currently extending, the period for assessment or collection of any taxes or Governmental Charges, where such extension could reasonably be expected to have a Material Adverse Effect.

(p) Margin Stock. No Significant Party owns any Margin Stock which, in the aggregate, would constitute a substantial part of the assets of the Significant Parties (taken as a whole), and no proceeds of any Loan or drawings under any Letter of Credit will be used to purchase or carry, directly or indirectly, any Margin Stock or to extend credit, directly or indirectly, to any Person for the purpose of purchasing or carrying any Margin Stock, and no Significant Party is in violation of Regulation T, U or X issued by the Federal Reserve Board.

(q) Subsidiaries. Schedule 4.01(q) (as supplemented by the Borrower annually in accordance with Section 5.01(a)(vii)) sets forth each of the US Subsidiaries, the Significant Subsidiaries and the De Minimis US Subsidiaries, their jurisdictions of organization, the classes of their Equity Securities, and the percentages of outstanding Equity Securities of each such class owned directly or indirectly by CBII or one or more of the Borrower Entities. All of the outstanding Equity Securities of each such Subsidiary indicated on Schedule 4.01(q) as owned by the Loan Parties are owned beneficially and of record by the Loan Parties free and

 

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clear of all Liens (except for the Liens of the Administrative Agent granted by the Security Documents). Other than the US Subsidiaries, the Significant Subsidiaries and the De Minimis US Subsidiaries set forth on Schedule 4.01(q) (and as supplemental as noted above), the Loan Parties do not have any US Subsidiaries, Significant Subsidiaries or De Minimis US Subsidiaries.

(r) Solvency. Each of the Significant Subsidiaries is Solvent and, after the execution and delivery of the Credit Documents and the consummation of the transactions contemplated thereby, will be Solvent.

(s) Labor Matters. There are no disputes presently subject to grievance procedure, arbitration or litigation under any of the collective bargaining agreements, or employment contracts to which any Significant Party is a party, and there are no strikes, lockouts, work stoppages or slowdowns, or, to the best of the knowledge of any of CBII’s or the Borrower’s officers or directors, after Due Inquiry, jurisdictional disputes occurring or threatened which in any such case alone or in the aggregate could reasonably be expected to have a Material Adverse Effect.

(t) No Material Adverse Change. Since December 31, 2007, there has not been any Material Adverse Change.

(u) Accuracy of Information Furnished.

(i) All certificates, statements and information (excluding projections) furnished by the Loan Parties to the Administrative Agent and the Lenders in connection with the Credit Documents and the transactions contemplated thereby, taken as a whole, are true and accurate in all material respects on the dates as of which such certificate, statement or information is dated and did not omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading at such time. All projections furnished by the Loan Parties to the Administrative Agent and the Lenders in connection with the Credit Documents and the transactions contemplated thereby have been based upon reasonable estimates and assumptions and neither CBII nor the Borrower has any reason to believe that such estimates and assumptions were not reasonable at the date the projections were furnished to the Administrative Agent and the Lenders.

(ii) The copies of the Material Documents of the Significant Parties which have been delivered to the Administrative Agent in accordance with Section 3.01 are true, correct and complete copies of the respective originals thereof, as in effect on the Effective Date, and no amendments or modifications have been made to such Material Documents as of the Effective Date, except as set forth by documents delivered to the Administrative Agent in accordance with Section 3.01 or otherwise reasonably approved in writing by the Required Lenders. None of the Material Documents of the Significant Parties has been terminated and each of such Material Documents is in full force and effect. None of the Significant Parties is in default in the observance or performance of any of its obligations under the Material Documents and each Significant Party has taken all action required to be taken as of the Effective Date to keep unimpaired its rights thereunder, except where such default or impairment could not reasonably be expected to have a Material Adverse Effect.

 

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(v) Brokerage Commissions. Other than amounts payable under the Fee Letter, no person is entitled to receive any brokerage commission, finder’s fee or similar fee or payment in connection with the extensions of credit contemplated by this Agreement as a result of any agreement entered into by any Loan Party. No brokerage or other fee, commission or compensation is to be paid by the Lenders with respect to the extensions of credit contemplated hereby as a result of any agreement entered into by CBII or the Borrower, and the Borrower agrees to indemnify the Administrative Agent and the Lenders against any such claims for brokerage fees or commissions and to pay all expenses including attorney’s fees incurred by the Lenders in connection with the defense of any action or proceeding brought to collect any such brokerage fees or commissions.

(w) Policies of Insurance. The properties of the Significant Parties are insured with financially sound and reputable insurance companies not Affiliates of the Significant Parties, in such amounts, with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Significant Parties operate and such insurance coverage complies with Section 5.01(d); provided, however, that no insurance coverage is maintained with respect to crops; and provided, further, that the Significant Parties may self-insure as is customary for similarly situated companies engaged in similar businesses and owning similar properties. Schedule 4.01(w) (as supplemented by the Borrower yearly in accordance with Section 5.01(a)(xvi)) accurately describes the insurance coverage maintained by the Significant Parties.

(x) Other Agreements. Except as disclosed on Schedule 4.01(x), no Loan Party has entered into and, as of the date of the applicable Credit Event no Loan Party contemplates entering into, any material agreement or contract with any officers or directors of any Loan Party, except upon terms at least as favorable to such Loan Party as an arm’s-length transaction with unaffiliated Persons; and no Significant Party is a party to or is bound by any Contractual Obligation or is subject to any restriction under its respective charter or formation documents which could reasonably be expected to have a Material Adverse Effect.

(y) Environmental and Zoning Compliance. The Borrower or CBII conducts, in the ordinary course of business, for itself and the other Significant Parties, a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties. No Significant Party (i) has violated any Environmental Laws, (ii) has any liability under any Environmental Laws, (iii) is the subject of any Environmental Damages or (iv) has received notice or other communication of an investigation or is under investigation by any Governmental Authority having authority to enforce Environmental Laws, except where such violation, liability, Environmental Damages or investigation could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. The use and operation by each Significant Party of its business properties are in compliance with all applicable Environmental Laws and Governmental Rules, including all applicable land use and zoning laws, except to the extent that non-compliance could not reasonably be expected to have a Material Adverse Effect.

(z) Owned Properties. Set forth on Schedule 4.01(z) (and as supplemented annually in accordance with Section 5.01(k)) under the heading “Mortgaged Properties” thereon

 

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is a complete and accurate list of each parcel of real property owned by any US Subsidiary in the US which has a grossed-up book value or fair market value (as determined in good faith by the Borrower) in excess of $5,000,000 or for which the Administrative Agent has otherwise requested delivery of a Mortgage as of the Effective Date, in each case showing the street address, county or other relevant jurisdiction, state, record owner and grossed-up book value or estimated fair market value thereof (collectively, the “Owned Properties”). Each such US Subsidiary has good, marketable and insurable fee simple title to such Owned Properties respectively owned by it, free and clear of all Liens (except for the Liens of the Administrative Agent granted by the Security Documents and except for Permitted Liens). Except as otherwise set forth on Schedule 4.01(z), no other parcel of real property owned by any of the US Subsidiaries in the US has a grossed up book value or, to the extent available, fair market value (as determined in good faith by the Borrower), in either case, in excess of $5,000,000.

(aa) Leased Properties. Set forth on Schedule 4.01(aa) (and as supplemented annually in accordance with Section 5.01(k)) is a complete and accurate list of all leases of real property in the US under which any US Subsidiary is the lessor (including as sublessor) or the lessee (including as sublessee), in each case showing as of the date hereof the street address, county or other relevant jurisdiction, state, lessor, lessee, expiration date and annual rental cost thereof. Each such lease is the legal, valid and binding obligation of the lessee thereof, enforceable in accordance with its terms.

(bb) Existing Indebtedness. Set forth on Schedule 4.01(bb) is a complete and accurate list of all Existing Indebtedness (other than Surviving Indebtedness) of the Loan Parties, showing as of the date hereof the obligor and the principal amount outstanding thereunder.

(cc) Surviving Indebtedness. Set forth on Schedule 4.01(cc) is a complete and accurate list of all Surviving Indebtedness (other than intercompany Indebtedness owed among the Borrower Entities), showing as of the date hereof the obligor and the principal amount outstanding thereunder, the maturity date thereof and the amortization schedule therefor.

(dd) Executive Order No. 13224; OFAC.

(i) No CBII Entity is any of the following (each, a “Blocked Person”):

(A) a Person that is listed in the annex to, or is otherwise subject to the provisions of, Executive Order No. 13224;

(B) a Person owned or controlled by, or, to the best of each Loan Party’s knowledge after Due Inquiry, acting for or on behalf of, any Person that is listed in the annex to, or is otherwise subject to the provisions of, Executive Order No. 13224;

(C) a Person or entity with which any bank or other financial institution is prohibited from dealing or otherwise engaging in any transaction by any US Anti-Terrorism Law;

(D) to the best of each Loan Party’s knowledge after Due Inquiry, a Person or entity that commits, threatens or conspires to commit or supports “terrorism” as defined in Executive Order No. 13224;

 

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(E) a Person or entity that is named as a “specially designated national” on the most current list published by OFAC at its official website or any replacement website or other replacement official publication of such list; or

(F) to the best of each Loan Party’s knowledge after Due Inquiry, a Person or entity who is affiliated with a Person or entity listed above.

(ii) No Loan Party nor any Affiliate of a Loan Party (A) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any Blocked Person or (B) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224 or any other applicable Anti-Terrorism Law, except as otherwise permitted by applicable law or where any of the foregoing (x) occurs prior to an officer of the Borrower or CBII being aware of such activity and (y) could not be reasonably expected to have a Material Adverse Effect.

(iii) No Loan Party nor any Affiliate of a Loan Party is in violation of any Anti-Terrorism Law or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law, except where any of the foregoing (x) occurs prior to an officer of the Borrower or CBII being aware of such activity and (y) could not be reasonably expected to have a Material Adverse Effect.

SECTION 4.02. Reaffirmation. Each of CBII and the Borrower shall be deemed to have reaffirmed, for the benefit of the Lenders and the Administrative Agent, each representation and warranty contained in Article IV and in each other Credit Document on and as of the date of each Credit Event (except that representations or warranties as to information included in Schedules 4.01(n), (q), (w), (z) and (aa) shall apply as of the date provided or the date of the most recent supplement).

ARTICLE V COVENANTS

SECTION 5.01. Affirmative Covenants. Until the termination of the Commitments and the satisfaction in full by the Loan Parties of all Secured Obligations (other than any Unaccrued Indemnity Claims), each of CBII and the Borrower will comply, and will cause compliance by the other Significant Parties, with the following affirmative covenants, unless the Required Lenders shall otherwise consent in writing:

(a) Financial Statements, Reports. The Borrower shall furnish to the Administrative Agent the following:

(i) As soon as available and in no event later than 60 days after the last day of each of the first three fiscal quarters of each fiscal year of the Borrower, a copy of the Financial Statements of the Borrower Entities (prepared on a consolidated basis) for the fiscal year to date, certified by the Chief Accounting Officer or the Chief Financial Officer of the Borrower to present fairly in all material respects the financial condition, results of operations, cash flows, and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year end audit adjustments and omission of footnotes and statement of shareholder’s equity);

 

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(ii) As soon as available and in no event later than 120 days after the close of each fiscal year of the Borrower, copies of (A) the audited consolidated Financial Statements of the Borrower Entities for such year, audited by Ernst & Young LLP or other independent certified public accountants of recognized national standing and registered with the Public Company Accounting Oversight Board and (B) copies of the unqualified opinions of such accountants;

(iii) Commencing with the fiscal quarter ended June 30, 2008, as soon as available and in no event later than 60 days after the last day of each of the first three fiscal quarters of each fiscal year in respect of quarterly Financial Statements of the Borrower Entities, 90 days after the close of each fiscal year in respect of yearly Financial Statements of the CBII Entities and 120 days after the close of each fiscal year in respect of yearly Financial Statements of the Borrower Entities in accordance with clause (i) above, clause (v) below and clause (ii) above, respectively, a compliance certificate of the Chief Accounting Officer or Treasurer of the Borrower (a “Compliance Certificate”) in substantially the form of Exhibit G-1; provided, however, that the only calculations to be provided in the Compliance Certificate delivered in connection with yearly Financial Statements of the CBII Entities shall be with respect to the Consolidated Adjusted Leverage Ratio;

(iv) As soon as available and in no event later than 45 days after the last day of each of the first three fiscal quarters of each fiscal year of CBII, a copy of the Quarterly Report for CBII on Form 10-Q for such quarter and for the fiscal year to date; provided that such information, to the extent the Borrower directly or indirectly provides the Administrative Agent with written notice and an appropriate internet link thereto, shall be accessed by Lenders on EDGAR;

(v) As soon as available and in no event later than 90 days after the close of each fiscal year of CBII, (A) copies of the Annual Report for CBII on Form 10-K for such year, audited by Ernst & Young LLP or other independent certified public accountants of recognized national standing and registered with the Public Company Accounting Oversight Board and (B) copies of the unqualified opinions of such accountants; provided that such information, to the extent the Borrower directly or indirectly provides the Administrative Agent with written notice and an appropriate internet link thereto, shall be accessed by Lenders on EDGAR;

(vi) (A) As soon as available and in no event later than 120 days after the close of each fiscal year of CBII, (1) a written supplement to Schedule 4.01(n) (setting forth all necessary Trademark information as set forth in Section 4.01(n) and relating to the Trademarks that are material to the conduct of the Significant Parties’ respective businesses as then operated), (2) a written supplement to Schedule 3.06 to each Security Agreement, (3) any additional disclosures under Section 4.01(n) after Due Inquiry and (4) any additional disclosures to be provided on an annual basis under the Security Documents and (B) promptly, but in any event within a reasonable time after any officer of CBII or the Borrower obtains knowledge of the occurrence of an event that could reasonably be expected to result in a Material Adverse Effect on any of the Principal Trademarks or the Trademark Licenses, give the Administrative Agent notice of the occurrence of any such event;

 

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(vii) (A) As soon as available and in no event later than 120 days after the close of each fiscal year of CBII, a written supplement to Schedule 4.01(q) (setting forth each of the US Subsidiaries, each of the Significant Subsidiaries and each of the De Minimis US Subsidiaries, its jurisdiction of organization, the classes of its Equity Securities, the number of shares of each such class issued and outstanding, the percentages of shares of each such class owned directly or indirectly by CBII or the Borrower and whether CBII or the Borrower owns such shares directly or, if not, the CBII Entities that own such shares and the number of shares and percentages of shares of each such class owned directly or indirectly by such CBII Entities) and (B) promptly upon the reasonable request of the Administrative Agent and in no event more often than annually, a current hierarchy report for the CBII Entities, in the form and with the substance of the hierarchy report delivered pursuant to Section 3.01(g)(iii);

(viii) As soon as possible and in no event later than 30 days after any officer or director of any Significant Party knows of the occurrence or existence of (A) any ERISA Event under any Pension Plan or Multiemployer Plan which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, (B) any actual or threatened litigation, suits, claims, disputes or investigations against any Significant Party involving potential monetary damages or in which injunctive relief or similar relief is sought, which could reasonably be expected to have a Material Adverse Effect, (C) any other event or condition which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, including any of the following which could reasonably be expected to have a Material Adverse Effect: (1) breach or non-performance of, or any default under, a Contractual Obligation of any Significant Party, (2) any dispute, litigation, investigation, proceeding or suspension between any Significant Party and any Governmental Authority or (3) the commencement of, or any material development in, any litigation or proceeding affecting any Significant Party, including pursuant to any applicable Environmental Laws, or (D) any Default, the statement of the Chief Accounting Officer, Chief Financial Officer, or Treasurer of the Borrower setting forth details of such event, condition or Default and the action which CBII or the Borrower proposes to take with respect thereto. Each notice pursuant to this Section 5.01(a)(viii) shall be accompanied by a statement of an Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action CBII or the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to this Section 5.01(a)(viii) shall describe with particularity any and all provisions of this Agreement or other Credit Document that have been breached;

(ix) In no event later than five Business Days after they are sent, made available or filed, copies of (A) all registration statements and reports filed by any CBII Entities with any securities exchange or the United States Securities and Exchange Commission (including all 10-Q, 10-K and 8-K reports), (B) all reports, proxy statements and Financial Statements sent or made available by CBII to its Equity Securities holders and (C) all press releases and other similar public announcements concerning any material developments in the business of CBII made available by CBII to the public generally; provided that such information, to the extent the Borrower directly or indirectly provides the Administrative Agent with written notice and an appropriate internet link thereto, shall be accessed by Lenders on EDGAR;

(x) As soon as available and in no event later than 30 days after they are filed, copies of all IRS Form 5500 reports for all Pension Plans required to file such form;

 

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(xi) Within the earlier to occur of (i) five days after the Board of Directors of the Borrower or CBII shall have publicly announced the earnings for the most recently completed fiscal year of the Borrower or CBII and (ii) 60 days after the end of each fiscal year of the Borrower and CBII, during each year when this Agreement is in effect, a forecast for the current fiscal year of the Borrower Entities and the CBII Entities which includes projected consolidated statement of income for such fiscal year and a projected consolidated statement of cash flows for such fiscal year and projected consolidated balance sheets, statements of income and statements of cash flows on a quarterly basis for such fiscal year; provided that the parties acknowledge that the information in such forecasts is not compiled or presented in accordance with GAAP and may not necessarily be presented on a basis consistent with the Borrower’s Financial Statements to be delivered pursuant to Section 5.01(a);

(xii) As soon as possible and in no event later than the later of (A) any of CBII’s or the Borrower’s officers or directors learning thereof or (B) five Business Days prior to the occurrence of any event or circumstance (except for asset losses in which case as promptly as is reasonable after such asset loss) that would require a prepayment pursuant to Section 2.06(c), the statement of the Chief Financial Officer, Chief Accounting Officer or Treasurer of the Borrower setting forth the details thereof;

(xiii) As soon as possible and in no event later than 30 days after the receipt thereof by any Loan Party (or subsequent determination after Due Inquiry by an officer of the Borrower that it could reasonably be expected to result in a Material Adverse Effect), a copy of any notice, summons, citations or other written communications concerning any actual, alleged, suspected or threatened violation of any Environmental Law or any liability of any Loan Party for Environmental Damages that in any such case could reasonably be expected to result in a Material Adverse Effect;

(xiv) Such other instruments, agreements, certificates, opinions, statements, documents and information relating to the properties, operations or condition (financial or otherwise) of the Significant Parties, and compliance by the Significant Parties with the terms of this Agreement and the other Credit Documents as the Administrative Agent or any Lender (through the Administrative Agent) may from time to time reasonably request;

(xv) As soon as available and in no event later than five Business Days after any of CBII’s or the Borrower’s officers or directors receive notice or become aware of any actions (including derivative actions), suits, proceedings or investigations that are pending or, to the knowledge of any of CBII’s or the Borrower’s officers or directors, threatened against any Significant Party at law or in equity in any court, arbitration proceeding or before any other Governmental Authority which seek to enjoin, either directly or indirectly, the execution, delivery or performance by any Loan Party of the Credit Documents or the transactions contemplated thereby;

(xvi) As soon as available and in no event later than 120 days after the close of each fiscal year of CBII, a written supplement to Schedule 4.01(w) (setting forth a true and complete listing of all insurance maintained by the Significant Parties);

 

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(xvii) Within 120 days after the close of each fiscal year of CBII, a written supplement disclosing any matters required to update factual matters relating to Section 4.01(s); and

(xviii) To the extent delivered (and thereafter requested by the Administrative Agent or the Lenders), management letters delivered by CBII’s or the Borrower’s accountants in connection with any of CBII’s or the Borrower’s Financial Statements.

(b) Books and Records. The Significant Parties shall at all times keep proper books of record (including the preparation of tax returns, which will be timely filed (or subject to permitted extensions) with the appropriate Governmental Authority and complete and correct in all material respects) and account in form, detail and scope consistent with good business practice.

(c) Inspections. The Significant Parties shall permit the Administrative Agent, or any agent or representative thereof, (i) upon reasonable notice and during normal business hours so long as no Default shall have occurred and be continuing and (ii) after the occurrence and during the continuation of any Default at any time as the Administrative Agent may determine with or without prior notice to the Borrower, to visit and inspect any of the Collateral, or any of the properties, and offices of the Significant Parties, to examine the books and records of the Significant Parties and make copies thereof, and to discuss the affairs, finances and business of the Significant Parties with, and to be advised as to the same by, their officers, auditors and accountants, all at such times and intervals as the Administrative Agent may reasonably request; provided, however, that the Administrative Agent or such representative or agent shall have no right of reimbursement from the Borrower for expenses incurred for such visits and inspections as long as no Default has occurred or is continuing.

(d) Insurance. One or more of the Loan Parties on behalf of the Significant Parties shall:

(i) Carry and maintain insurance during the term of this Agreement of the types and in the amounts as are consistent with industry practice or with the insurance described on Schedule 4.01(w) and all insurance required by law;

(ii) Furnish to the Administrative Agent, upon written request, information as to the insurance carried;

(iii) Carry and maintain each policy for such insurance with (A) for those jurisdictions where such a rating is available, a rating of A- (“A- Rating”) or better by A.M. Best and Company, or its equivalent, at the time such policy is placed and at the time of each annual renewal thereof or (B) for those jurisdictions where no A- Rating or its equivalent can be obtained for insurers, a financially sound and reputable insurance company not an Affiliate of the Significant Parties which is reasonably satisfactory to the Administrative Agent; and

(iv) Obtain and maintain endorsements or certificates reasonably acceptable to the Administrative Agent for such insurance naming the Administrative Agent as

 

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additional insured on liability policies and the Administrative Agent as lenders’ loss payee and mortgagee in the case of property loss, as their interests may appear;

provided, however, that if any Significant Party shall fail to maintain insurance in accordance with this Section 5.01(d), or if any Significant Party shall fail to provide the required endorsements or certificates with respect thereto, the Administrative Agent shall have the right (but shall be under no obligation) to procure such insurance and the Borrower agrees to reimburse the Administrative Agent for all costs and expenses of procuring such insurance.

(e) Governmental Charges and Other Indebtedness. Each Significant Party shall promptly pay and discharge when due (i) all taxes and other Governmental Charges lawfully levied or assessed against such Significant Party prior to the date upon which penalties accrue thereon, (ii) all Indebtedness which, if unpaid, could become a Lien (other than a Permitted Lien) upon the property of such Significant Party and (iii) subject to any subordination provisions applicable thereto, all other Indebtedness which, in each of the foregoing cases, if unpaid, could reasonably be expected to have a Material Adverse Effect, except such taxes, other Governmental Charges and Indebtedness as are in good faith being contested or disputed by appropriate proceedings, or for which arrangements for deferred payment have been made; provided that in each such case adequate reserves (determined in accordance with GAAP) have been established therefor. CBII shall promptly pay and discharge when due, and prior to the date upon which penalties accrue thereon, all amounts owing to the US Department of Justice or other applicable US Governmental Authority in connection with the DOJ Liability (including any related judgment, order or settlement agreement), in accordance with the terms of any such judgment, order, or settlement agreement.

(f) Use of Proceeds. The Borrower shall use the proceeds of the Loans only for the respective purposes set forth in Section 2.01(k). No CBII Entity shall use any part of the proceeds of any Loan, directly or indirectly, for the purpose of purchasing or carrying any Margin Stock or for the purpose of purchasing or carrying or trading in any securities under such circumstances as to involve the Borrower, any Lender or the Administrative Agent in a violation of Regulations T, U or X issued by the Federal Reserve Board.

(g) General Business Operations. Each of the Significant Parties shall (i) preserve, renew and maintain in full force its corporate, partnership or limited liability company existence and good standing under the Governmental Rules of the jurisdiction of its organization and all of its rights, licenses, leases, qualifications, privileges franchises and other authority reasonably necessary to the conduct of its business, provided, however, that this clause (i) shall not apply to Significant Party that is merged, dissolved or liquidated, in each case, to the extent permitted by Section 5.02(d), (ii) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, except where such failure could not reasonably be expected to have a Material Adverse Effect, (iii) keep all property used in its business in good working order and condition, ordinary wear and tear excepted, consistent with past practices and from time to time make, or cause to be made, all necessary and proper repairs, except, in each case, where any failure, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, (iv) maintain, preserve and protect its rights to enjoy and use (A) the Principal Trademarks in the countries indicated as set forth in Schedule 4.01(n), subject to and in accordance with the Security Agreements and (B) all

 

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other trademarks, trade names, service marks, patents, copyrights, licenses, leases, franchise agreements and franchise registrations, including the Trademarks (other than the Principal Trademarks), except, in the case of this clause (B), where such failure could not reasonably be expected to have a Material Adverse Effect, and (v) conduct its business in an orderly manner without voluntary interruption, except where such failure could not reasonably be expected to have a Material Adverse Effect. Each of CBII and the Borrower shall maintain its chief executive office and principal place of business in the US and shall not relocate its chief executive office or change its jurisdiction of formation except upon not less than 90 days prior written notice to the Administrative Agent.

(h) Compliance with Laws. Each Significant Party shall comply with the requirements of all applicable laws, rules, regulations and orders of any Governmental Authority (including all Environmental Laws), except where such noncompliance could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.

(i) Newly Formed or Acquired Subsidiaries.

(i) General. The Borrower shall notify the Administrative Agent, at its own expense (A) within 30 days after the formation of any Significant Party, (B) within 30 days after the acquisition of any Significant Party, and (C) within 120 days after the end of the fiscal year during which any Subsidiary otherwise becomes a Significant Party.

(ii) Newly Formed or Acquired Subsidiaries.

(A) For any US Subsidiary formed, acquired or becoming a US Subsidiary (including through the Borrower designating a De Minimis Subsidiary as a US Subsidiary) after the Effective Date, the Borrower shall at its own expense and, if not previously completed, (1) within 30 days after notice of such event is required to be provided under Section 5.01(i)(i), (I) cause such US Subsidiary to execute an instrument of joinder (a “Joinder Agreement”) substantially in the form of Exhibit P obligating such US Subsidiary under the Security Agreement and cause each Borrower Entity that owns any Equity Securities of such US Subsidiary to pledge to the Administrative Agent, for the benefit of itself and the other Secured Parties, 100% of the Equity Securities owned by it of such US Subsidiary and execute and deliver all documents or instruments required thereunder or appropriate to perfect the security interest created thereby, (II) in the case of such Pledged Equity Securities, deliver or cause to be delivered to the Administrative Agent all stock certificates, if any, of each such US Subsidiary owned by the applicable Pledgor and added to the Collateral thereby, free and clear of all Liens, accompanied by signed and undated stock powers or other instruments of transfer executed in blank (and take such other steps as may be reasonably requested by the Administrative Agent to perfect the Administrative Agent’s Lien in such Collateral in compliance with any applicable law), (III) cause each such US Subsidiary to execute a Joinder Agreement obligating such US Subsidiary under the Subsidiary Guarantee Agreement pursuant to documentation which is in form and substance reasonably satisfactory to the Administrative Agent, and (IV) in the case of Collateral of such US Subsidiary that may be perfected by the filing of a financing statement under the Uniform Commercial Code, cause each general financing statement or, as applicable, fixture filings (but no crop, timber, mineral, or other similar filings) to be filed, registered or recorded in order to create in favor of the Administrative Agent, for the benefit of the Secured

 

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Parties, a valid, legal and perfected Lien, and a first priority Lien (except to the extent Permitted Liens are expressly permitted herein to have priority), in the Collateral subject to the financing statement to be so filed, registered or recorded and evidence thereof delivered to the Administrative Agent and (2) if requested by the Administrative Agent, within 60 days after such request, cause such US Subsidiary to deliver the documents and opinions of the types described in Section 5.01(k)(ii) with respect to all owned real property of such US Subsidiary which has a grossed up book value or fair market value (as determined in good faith by the Borrower) in excess of $5,000,000.

(B) For any Significant Non-US Subsidiary of the Borrower formed, acquired or becoming a Significant Non-US Subsidiary of the Borrower after the Effective Date, the Borrower shall at its own expense and, if not previously completed, within 30 days after notice of such event is required to be provided under Section 5.01(i)(i), to the extent required by the definitions of Pledged Persons or Subsidiary Guarantors, (1) cause each Borrower Entity that owns any Equity Securities of such Significant Non-US Subsidiary to execute an instrument of joinder obligating such Borrower Entity as a Pledgor under the Pledge Agreement and to pledge to the Administrative Agent, for the benefit of itself and the other Secured Parties, the appropriate percentage of non-voting and voting Equity Securities owned by such Pledgor of such Significant Non-US Subsidiary as provided in the definition of Pledged Persons and execute and deliver all documents or instruments required thereunder or appropriate to perfect the security interest created thereby, (2) cause each such Significant Non-US Subsidiary to execute a Joinder Agreement obligating such Significant Non-US Subsidiary under the Subsidiary Guarantee Agreement or to otherwise Guarantee the Secured Obligations pursuant to documentation which is in form and substance reasonably satisfactory to the Administrative Agent and (3) in the case of Pledged Equity Securities, deliver to the Administrative Agent all stock certificates, if any, representing the Pledged Equity Securities of such Significant Non-US Subsidiary added to the Collateral thereby free and clear of all Liens, accompanied by signed and undated stock powers or other instruments of transfer executed in blank (and take such other steps as may be reasonably requested by the Administrative Agent to perfect the Administrative Agent’s Lien in such Collateral in compliance with any applicable law).

(j) Appraisals. The Administrative Agent may commission an appraisal of the Trademarks at any time at the expense of the Lenders; provided that such appraisal shall be at the Borrower’s expense if such appraisal: (i) is the first appraisal of the Trademarks and more than 18 months have elapsed since the Effective Date, (ii) is commissioned after the occurrence and during the continuance of an Event of Default or (iii) is commissioned after the occurrence of any Material Adverse Change.

(k) Real Property.

(i) As soon as available and in any event within 120 days after the end of each fiscal year, the Borrower shall provide a report supplementing Schedules 4.01(z) and 4.01(aa), including an identification of all owned real property which has a grossed up book value or fair market value (as determined in good faith by the Borrower) in excess of $5,000,000 and all leased real property located in the US, the lease payments with respect to which exceeded $500,000 during such fiscal year, that has been disposed of by any US Subsidiary during such fiscal year, a list and description (including the street address, county or other relevant

 

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jurisdiction, state, record owner, book value thereof and, in the case of leases of property, lessor, lessee, expiration date and annual rental cost thereof) of all real property acquired by a US Subsidiary in the US which has a grossed up book value or fair market value (as determined in good faith by the Borrower) in excess of $5,000,000 and all real property leased by a US Subsidiary in the US during such fiscal year, the lease payments with respect to which exceeded $500,000 during such fiscal year, and a description of such other changes in the information included in such Schedules as may be necessary for such Schedules to be accurate and complete.

(ii) The Borrower shall, and shall cause each of the US Subsidiaries to, within 180 days after the end of each fiscal year, if requested by the Administrative Agent, grant to the Collateral Agent, for the benefit of the Secured Parties, a first priority Mortgage on the owned real property that is listed (or should be listed) on Schedule 4.01(z) and not encumbered by a Mortgage and shall deliver such other documentation and opinions, in form and substance satisfactory to the Collateral Agent, in connection with the grant of such Mortgage as the Collateral Agent shall reasonably request, including title insurance policies, financing statements, fixture filings and environmental audits, and the Borrower shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys’ fees and expenses) incurred in connection therewith.

(l) Compliance with Terms of Leaseholds. The Borrower shall make, and the Borrower shall cause each of the other Loan Parties to make, all payments and otherwise perform all obligations in respect of all leases of real property in the US to which any Significant Party is a party (including the Clayton County Lease), keep such leases in full force and effect and not allow such leases to lapse or be terminated or any rights to renew such leases to be forfeited or cancelled, notify the Administrative Agent of any default by any party with respect to such leases and cooperate with the Administrative Agent in all respects to cause each of the Significant Parties to cure any such default unless such failure to pay or perform, lapse, termination, forfeiture or cancellation could not reasonably be expected to have a Material Adverse Effect.

(m) Maintenance of Properties, Etc. The Borrower shall maintain and preserve, and cause each of the other Significant Parties to maintain and preserve, all of its properties in good working order and condition, ordinary wear and tear excepted, and will from time to time make or cause to be made all appropriate repairs, renewals and replacements thereof, except in any such case where failure to do so would not reasonably be expected to have a Material Adverse Effect.

(n) Clayton County Fee Interest. From and after the Effective Date, the Loan Parties shall maintain the Clayton County Lease in full force and effect and shall not exercise any purchase options thereunder or attempt to redeem any bonds issued in connection therewith without the prior written consent of the Administrative Agent. Upon any acquisition of the fee simple interest in the Clayton County Property by any Loan Party, such Loan Party shall, at its sole cost and expense (i) execute and deliver to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent, a modification to the Clayton County Leasehold Mortgage, (ii) obtain an endorsement to the Administrative Agent’s policy of title insurance with respect to the Clayton County Property, such endorsement to change the effective date of such coverage to the date and time of recording of such modification and to confirm the first-position security title of the Administrative Agent in and to the fee simple interest of the

 

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Clayton County Property, (iii) provide any and all other documentation contemplated by Section 3.01(h) as the Administrative Agent may require in its sole discretion, and (iv) upon the request of the Administrative Agent, in its sole discretion, deliver favorable opinions, addressed to the Administrative Agent and the other Secured Parties, of counsel for the Loan Parties acceptable to the Administrative Agent substantially similar to those opinions delivered pursuant to Section 3.01(f)(ii) and 3.01(f)(iii) and otherwise in form and substance reasonably satisfactory to the Administrative Agent.

SECTION 5.02. Negative Covenants. Until the termination of the Commitments and the satisfaction in full by the Loan Parties of all Secured Obligations (other than any Unaccrued Indemnity Claims), each of CBII and the Borrower will comply, and will cause compliance by the other Significant Parties, with the following negative covenants, unless the Required Lenders shall otherwise consent in writing:

(a) Indebtedness. The Borrower shall not, and CBII and the Borrower shall not permit the Borrower Entities to, create, incur, assume or permit to exist any Indebtedness unless (i) such Indebtedness does not violate any terms of the Senior Notes (7 1/2%) Indenture, the Senior Notes (8 7/8%) Indenture or the Convertible Notes Indenture as each is in effect on the Effective Date and without giving any effect to any waiver or consent with respect to any incurrence of Indebtedness, (ii) no Default has occurred or is continuing or would result therefrom, and (iii) the Borrower is in Pro Forma Compliance with all Financial Covenants in accordance with Section 5.03.

(b) Liens. None of the Borrower Entities shall create, incur, assume or permit to exist any Lien on or with respect to any Borrower Entity assets or property of any character, whether now owned or hereafter acquired, except for Permitted Liens (other than any Lien in any Equity Securities issued by any Borrower Entities, which shall not be subject to any Liens except for Liens in favor of the Administrative Agent and the other Secured Parties securing all or any part of the Secured Obligations as specified herein or in the relevant Security Document).

(c) Asset Dispositions. None of the Borrower Entities shall, directly or indirectly, sell, lease, convey, transfer or otherwise dispose (including via any sale and leaseback transaction) of any of its non-cash assets or property, whether now owned or hereafter acquired, except for Permitted Sales and the following (“Permitted Asset Dispositions”), which Permitted Asset Dispositions may fall within any one of the following categories (whether or not such Permitted Asset Dispositions could fall within one or more other categories and, if an asset disposition could qualify for more than one category of Permitted Asset Dispositions, the Borrower may designate which category the asset disposition qualifies for without such asset disposition counting against other categories):

(i) Sales of inventory in the ordinary course of their businesses;

(ii) Sales or dispositions of damaged, worn, obsolete, or other unneeded assets in the ordinary course of their businesses for not less than Fair Market Value;

 

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(iii) Sales or other dispositions of Investments permitted by Section 5.02(e)(ii) for not less than Fair Market Value; provided that no Default shall have occurred and be continuing;

(iv) [Intentionally Omitted];

(v) Sales or other dispositions of the entities listed on Schedule 5.02(c)(v); provided, however, that in connection with any sale or other disposition of substantially all of the Equity Securities and/or substantially all of the assets of Atlanta AG, the Borrower shall be in Pro Forma Compliance with all Financial Covenants after giving effect to such sale or disposition and no later than the date of any such sale or disposition, the Borrower shall deliver to the Administrative Agent a certificate executed by the Chief Accounting Officer or Treasurer of the Borrower which sets forth the calculation of Pro Forma Compliance with all Financial Covenants set forth in Section 5.03 after giving effect to such sale or disposition;

(vi) Sales or other transfers of property and assets from De Minimis US Subsidiaries dissolved pursuant to Section 5.02(d)(ii); and

(vii) Sales or other dispositions for Fair Market Value, the Net Cash Proceeds of which are applied to the prepayment of the Loans or otherwise as set forth in Section 2.06(c); provided that no Default shall have occurred and be continuing or result from such sale or other disposition, the Borrower shall be in Pro Forma Compliance with all Financial Covenants after giving effect to such Permitted Asset Disposition and no later than the date of the Permitted Asset Disposition pursuant to this clause (vii), the Borrower shall deliver to the Administrative Agent a Compliance Certificate which (A) states that no Default has occurred or is continuing and (B) sets forth the calculation of Pro Forma Compliance with all Financial Covenants set forth in Section 5.03 after giving effect to the Permitted Asset Disposition; and provided, further, that the Borrower’s requirement to advise the Administrative Agent as provided above shall not apply to any Relevant Sales that in the aggregate are equal to or less than $5,000,000 for such fiscal year.

(d) Mergers, Acquisitions and Dissolutions. None of the CBII Entities shall consolidate with or merge into any other Person or permit any other Person to merge into any other CBII Entity, or acquire (or form a new Subsidiary to acquire) all or substantially all of the assets or equity or any identifiable business unit, division or operations of any other Person, or dissolve itself, except for the following:

(i) the CBII Entities may merge with each other and acquire all or substantially all of the assets or equity or any identifiable business unit, division or operations of any other CBII Entity; provided that (A) no Event of Default will result after giving effect to such merger, (B) in any such merger involving a US Subsidiary and a Non-US Subsidiary, the US Subsidiary is the surviving Person, (C) in any such merger involving the Borrower, the Borrower is the surviving Person, (D) in any such merger involving CBII, CBII is the surviving Person and is in compliance with Section 5.02(g)(ii) after such merger, (E) CBII shall not merge with or into the Borrower and the Borrower shall not merge with or into CBII, (F) following such merger or acquisition, the Borrower is in compliance with Section 2.14 and (G) if any Subsidiary

 

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becomes a Significant Party after giving effect to such transaction, the Borrower provides the documents required by Section 5.01(i) no later than 30 days after such merger or acquisition;

(ii) any Subsidiary of the Borrower may liquidate or dissolve itself in accordance with Requirements of Law so long as, if such Subsidiary is a Loan Party, the assets of such Subsidiary are transferred to another Loan Party in connection with such dissolution; and

(iii) any acquisitions (“Permitted Acquisitions”) by a Borrower Entity of all or substantially all of the assets or equity of any other Person or any identifiable business unit, division or operations of any other Person; provided that:

(A) No Event of Default shall have occurred and be continuing before or after giving effect to any acquisition;

(B) The aggregate purchase consideration for such acquisition when added to all other such acquisitions during the preceding 12 months ending on the day that is the last day of the most recent month before such acquisition closes does not exceed $100,000,000;

(C) After giving effect to such acquisition, the acquired Person or the assets, business unit, division or operations acquired shall be directly or indirectly owned by a Subsidiary of the Borrower;

(D) In the case of an acquisition of a new Person (or the formation of a new Subsidiary to acquire any such Person or all or substantially all of the assets or any identifiable business unit, division or operations of any such Person), the acquired Person or newly formed Subsidiary shall become a Guarantor, Pledgor and/or Pledged Person to the extent required by Section 5.01(i); provided that the Lenders and the Administrative Agent shall permit, to the extent not otherwise burdensome or detrimental to the Lenders, any such new pledge or Guarantee to be structured in the manner most tax advantageous for the Borrower;

(E) The acquisition has been (1) approved by the Board of Directors of the Person to be acquired and, if applicable, such acquisition has been recommended for approval to such Person’s shareholders or interest holders and (2) undertaken in accordance with all applicable Requirements of Law; and

(F) If requested by Administrative Agent and to the extent available to CBII or the Borrower, the Borrower shall provide to the Administrative Agent or Lenders the historical Financial Statements of the acquired Person or of the Person owning all or substantially all of the assets, or the identifiable business unit, division or operations to be acquired and such other additional information as reasonably requested by the Administrative Agent regarding such acquisitions;

provided that no later than 30 days after the date of the Permitted Acquisition of a Significant Party pursuant to this Section 5.02(d)(iii), the Borrower delivers to the Administrative Agent a Compliance Certificate in substantially the form of Exhibit G-2 which (A) states that no Default has occurred or is continuing and (B) sets forth the calculation

 

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demonstrating Pro Forma Compliance with the Financial Covenants after giving effect to the Permitted Acquisition.

(e) Investments. None of the Borrower Entities shall make any Investment, or enter into any transaction that has substantially similar effect, except for the following, which Investments may fall within any one of the following categories (whether or not such Investments could fall within one or more other categories and if an Investment qualifies for more than one of the following categories, the Borrower may designate which category the Investment qualifies for without such Investment counting against other categories):

(i) Investments in connection with mergers and Permitted Acquisitions permitted under Section 5.02(d);

(ii) Temporary Cash Investments;

(iii) an Investment that is made as a result of the receipt of non-cash consideration from a disposition of assets that was made pursuant to, and in compliance with, the covenant related to asset dispositions set forth in Section 5.02(c);

(iv) Investments consisting of (A) loans and advances to employees for reasonable travel, relocation and business expenses in the ordinary course of business not to exceed $5,000,000 in the aggregate at any one time outstanding and (B) loans to employees of any Borrower Entity for the sole purpose of purchasing equity of CBII not to exceed $5,000,000 in the aggregate at any one time outstanding;

(v) Investments existing on the Effective Date and listed in Schedule 5.02(e); provided that the Borrower shall not be required to include immaterial Investments on Schedule 5.02(e);

(vi) Investments in connection with Hedging Obligations that are permitted under Section 5.02(l);

(vii) Investments consisting of endorsements for collection or deposit in the ordinary course of business;

(viii) Investments in suppliers or customers that are subject to Debtor Relief Laws or similar proceedings or as a result of foreclosure on a secured Investment in a third party received in exchange for or cancellation of an existing obligation of such supplier or customer to any Borrower Entity;

(ix) Investments paid for solely with Equity Securities of CBII; provided that such Investments constitute Permitted Acquisitions set forth in Section 5.02(d);

(x) Investments represented by Guarantees by any Borrower Entity of Indebtedness of an unrelated third party which is involved in a commercial relationship with any Borrower Entity in the ordinary course of business, such as a supplier, customer or service-provider; provided that the Indebtedness Guaranteed under this clause (x) does not

 

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exceed an aggregate amount outstanding at any time of $15,000,000 and the proceeds of the underlying Indebtedness are or have been used in a Food-Related Business;

(xi) deposits required by Governmental Authorities, public utilities or suppliers in the ordinary course of business;

(xii) prepaid expenses incurred in the ordinary course of business;

(xiii) Investments with respect to performance bonds, bankers’ acceptance, workers’ compensation claims, surety or appeal bond payments, obligations in connection with self-insurance or similar obligations and bank overdrafts;

(xiv) extensions of trade credit recorded as accounts receivable entered into in the ordinary course of business;

(xv) advancement of funds by any CBII Entity in the ordinary course of business to growers or suppliers of products for Food-Related Businesses as advances for such products;

(xvi) Investments in any Person in an aggregate amount for all such Investments made pursuant to this clause (xvi), as valued at the time each such Investment is made (minus, if such Investment is a loan, any repayments thereof), not to exceed 10% of the total consolidated assets of the CBII Entities, so long as such Investments are in a Food-Related Business;

(xvii) Investments in the joint ventures more specifically described on Schedule 5.02(e)(xvii) in an aggregate amount for such Investments, as valued at the time each such Investment is made (minus, if such Investment is a loan, any repayments thereof), not to exceed the amount for each joint venture set forth on such Schedule;

(xviii) Investments by the Borrower and its Subsidiaries in their wholly-owned Subsidiaries, so long as such Investments are (A) in the ordinary course of business and (B) consistent with past practices; and

(xix) Investments (other than Investments specified in clauses (i) through (xvii) above) in an aggregate amount for all such Investments, as valued at the time each such Investment is made (minus, if such Investment is a loan, any repayments thereof), not to exceed $30,000,000 at any time after the Effective Date.

(f) Dividends, Redemptions, Distributions. None of the Borrower Entities shall make any Distributions or set apart any sum for such purpose, except:

(i) any Borrower Entity may make Distributions (or set apart sums for such purposes) on its Equity Securities to any other Borrower Entity that is a Loan Party (other than the Parent);

(ii) the Borrower may make Distributions to CBII (A) in any event for the cash costs in respect of CBII Overhead Expenses (including for Distributions not matching

 

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up to expenses, such as for deferred compensation plans) in amounts not exceeding such cash costs, (B) to fund liabilities of CBII disclosed on Schedule 5.02(f)(ii) existing as of the Effective Date, (C) in respect of the DOJ Liability in an aggregate amount not to exceed $5,000,000 in any fiscal year plus interest thereon and (D) provided that (1) no Event of Default has occurred and is then continuing or would result from such Distribution and (2) the Borrower is in Pro Forma Compliance with all Financial Covenants, both before and after giving effect to such Distribution, for any other purpose (including dividends, interest payments, and Stock and Warrant Repurchases);

(iii) any Borrower Entity that is not a Loan Party may make Distributions (or set apart sums for such purposes) on its Equity Securities to any other Borrower Entity that is a not a Loan Party; and

(iv) as long as no Event of Default has occurred and is then continuing, pro rata Distributions to minority shareholders of Borrower Entities.

(g) Conduct of Business.

(i) No Borrower Entity shall engage, either directly or indirectly through Affiliates, in any business substantially different from Food-Related Businesses.

(ii) CBII shall not conduct any operating business nor own any assets (other than those it currently owns as set forth on Schedule 5.02(g)), provided that (A) CBII may employ officers and employees to fulfill its obligations as a public company and to administer its Subsidiaries’ business activities, enter into space leases and other agreements in connection with such business activities, have and maintain various Pension Plans for it, its Subsidiaries and their employees and own office equipment, (B) CBII may own stock in the Borrower and Equity Securities in other Persons in which it owns Equity Securities on the Effective Date (provided that CBII does not materially increase the funding or activities of those Persons other than the Borrower Entities) and (C) CBII may Guarantee contracts of the Borrower Entities.

(iii) CBII shall and shall cause each of its Significant Subsidiaries to (A) except as permitted by Section 5.02(d), preserve its separate legal existence, (B) comply in all material respects with the requirements of its organizational documents and other governing instruments (including bylaws), (C) not conduct business under the name of any other CBII Entity, (D) maintain separate and complete books and records in accordance with GAAP and otherwise to properly reflect its business and financial affairs and (E) maintain full and complete records of all transactions with any CBII Entity.

(h) Disposition of Accounts Receivables of US Subsidiaries. No CBII Entity shall sell or otherwise dispose of or encumber (except pursuant to the Security Documents), or permit any of its Subsidiaries to sell or otherwise dispose of or encumber (except pursuant to the Security Documents), any accounts receivables of any US Subsidiaries (except good faith settlement of disputed accounts receivable).

 

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(i) ERISA.

(i) No CBII Entity nor any ERISA Affiliate shall: (A) adopt or institute any Pension Plan; (B) take any action which will result in the partial or complete withdrawal, within the meanings of Sections 4203 and 4205 of ERISA, from a Multiemployer Plan; (C) engage or permit any Person to engage in any transaction prohibited by Section 406 of ERISA or Section 4975 of the IRC involving any Employee Benefit Plan or Multiemployer Plan which would subject the Borrower or any ERISA Affiliate to any tax, penalty or other liability including a liability to indemnify; (D) incur or allow to exist any accumulated funding deficiency (within the meaning of Section 412 of the IRC or Section 302 of ERISA); (E) fail to make full payment when due of all amounts due as contributions to any Pension Plan or Multiemployer Plan; (F) fail to comply with the requirements of Section 4980B of the IRC or Part 6 of Title I(B) of ERISA; or (G) adopt any amendment to any Pension Plan which would require the posting of security pursuant to Section 401(a)(29) of the IRC, where any such event or events described in clauses (A) through (G) above, either singly or cumulatively, could reasonably be expected to have a Material Adverse Effect.

(ii) No CBII Entity shall (A) engage in any transaction prohibited by any Governmental Rule applicable to any Non-US Plan; (B) fail to make full payment when due of all amounts due as contributions to any Non-US Plan; or (C) otherwise fail to comply with the requirements of any Governmental Rule applicable to any Non-US Plan, where any such event or events described in clauses (A) through (C) above, either singly or cumulatively, could reasonably be expected to have a Material Adverse Effect.

(j) Transactions with Affiliates. No CBII Entity shall enter into any Contractual Obligations with any Affiliate or engage in any other transaction with any Affiliate except (i) Contractual Obligations or other transactions between or among Borrower Entities or (ii) on terms which are no less favorable to any Borrower Entity than would prevail in the market for similar transactions between unaffiliated parties dealing at arm’s length or with concomitant benefits accruing to the party that has received less than arm’s-length terms.

(k) Accounting Changes. Except on 30 days prior notice, no CBII Entity shall change its fiscal year (currently January 1 through December 31).

(l) Rate Contracts. No CBII Entity shall enter into any Rate Contract, except Rate Contracts entered into for non-speculative purposes: (i) to hedge or mitigate risks to which any Borrower Entity has actual exposure (other than those in respect of Equity Securities of any Borrower Entity) or (ii) to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of any Borrower Entity.

(m) Limitation on Consolidated Tax Liability. No CBII Entity shall be liable for US Federal income taxes relating to the taxable income of any CBII Entity or Affiliate of such CBII Entity which is not a Loan Party in excess of the amount of US Federal income taxes it would pay if reporting as a separate entity, unless such CBII Entity is fully reimbursed by such a CBII Entity or Affiliate of such CBII Entity on or before the payment of such taxes.

 

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(n) Restrictive Agreements. No CBII Entity shall agree to:

(i) any restriction or limitation (other than as set forth in this Agreement) on the making of Distributions or the transferring of assets from any CBII Entity to any non-CBII Entity (except limitations contained in this Agreement) other than (A) those that are arrangements in connection with Indebtedness not to exceed $1,000,000 in the aggregate outstanding at any one time that can be optionally prepaid by the CBII Entities and (B) those with respect to Permitted Joint Ventures (but not limiting pro rata distribution requirements), GWF and its Subsidiaries, Exportadora Chile, Servicios Chile, Atlanta AG and its Subsidiaries, CBCBV, and such other Subsidiaries as are permitted by the Administrative Agent on or after the Effective Date in its sole and absolute discretion; or

(ii) any negative pledge agreement with any creditor or third party other than (A) as set forth in this Agreement and those that are currently existing on the Effective Date and listed on Schedule 5.02(n) (including any renewal, modification, or extension thereof), (B) those that are arrangements in connection with Indebtedness not to exceed $1,000,000 in the aggregate outstanding at any one time that can be optionally prepaid by the CBII Entities and (C) those with respect to the assets of Permitted Joint Ventures, GWF and its Subsidiaries, Exportadora Chile, Servicios Chile, Atlanta AG and its Subsidiaries, CBCBV, and such other Subsidiaries as are permitted by the Administrative Agent on or after the Effective Date in its sole and absolute discretion.

(o) PACA. No CBII Entity shall fail to make payments on invoices or other obligations to vendors that are subject to PACA within 90 days of the due date, unless matters relating thereto are being contested in good faith by appropriate proceedings.

(p) Anti-Terrorism Laws; OFAC.

(i) Anti-Terrorism Laws. Neither CBII nor the Borrower will permit any of the CBII Entities to violate any Anti-Terrorism Law or engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law, except for any such violation that (x) occurs prior to an officer of the Borrower or CBII being aware of such activity and (y) could not be reasonably expected to have a Material Adverse Effect.

(ii) Neither CBII nor the Borrower will permit any of the CBII Entities to use in violation of applicable US laws or regulations the proceeds of any Loan or L/C Credit Extension made pursuant to this Agreement (A) to fund any operations of, to finance any investments or activities in, or to make any payments to, any Person named on any list maintained by OFAC or (B) to fund any operations in, to finance any investments or activities in, or to make any payments to, an agency of the government of a country, an organization controlled by a country, or a Person resident in a country that is subject to a sanctions program administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control under 31 C.F.R. Chapter V. Neither CBII nor the Borrower will permit any funds used to repay any of the Obligations to be derived from, or be the proceeds of, any activity that violates any Anti-Terrorism Laws.

 

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SECTION 5.03. Financial Covenants. Until the termination of the Commitments and the satisfaction in full by the Loan Parties of all Secured Obligations (other than any Unaccrued Indemnity Claims), the Borrower will comply, and will cause compliance, with the following financial covenants, unless the Required Lenders shall otherwise consent in writing:

(a) Borrower Leverage Ratio. The Borrower shall not permit the Borrower Leverage Ratio to be greater than 3.50 to 1.00 at the end of the fiscal quarter ended on June 30, 2008, or at the end of any fiscal quarter ended thereafter.

(b) Fixed Charge Coverage Ratio The Borrower shall not permit the Fixed Charge Coverage Ratio to be less than 1.15 to 1.0 at the end of the fiscal quarter ended on June 30, 2008, or at the end of any fiscal quarter ended thereafter.

(c) Maximum Capital Expenditures. The Borrower shall not permit the aggregate amount of Capital Expenditures (excluding any Permitted Acquisition which is treated as a Capital Expenditure under GAAP and any reinvestment of insurance Net Cash Proceeds) made by the Borrower Entities in any fiscal year to exceed $150,000,000; provided, however, that if, for any fiscal year, the amount specified in this Section 5.03(c) exceeds the aggregate amount of Capital Expenditures made by the Borrower Entities during such fiscal year, the Borrower Entities shall be entitled to make additional Capital Expenditures in the immediately succeeding fiscal year in an amount (such amount being referred to herein as the “Capex Carryover”) equal to such excess.

ARTICLE VI DEFAULT

SECTION 6.01. Events of Default. The occurrence or existence of any one or more of the following shall constitute an “Event of Default”:

(a) Non-Payment. The Borrower shall (i) fail to pay when due any principal of any Loan or any L/C Obligations or (ii) fail to pay within three days after the same becomes due, any interest, fees or other amounts payable under the terms of this Agreement or any of the other Credit Documents; or

(b) Specific Defaults. Any Significant Party shall fail to observe or perform any covenant, obligation, condition or agreement applicable to it set forth in Section 5.01(a) (within three Business Days of when due), Section 5.01(g), Section 5.01(i) (within three Business Days of when due), Section 5.02 (other than Section 5.02(p)(ii)) or Section 5.03 and such failure shall continue beyond any grace period provided herein or with respect thereto; or

(c) Other Defaults. Any default shall occur under any Guarantee Agreement or Security Document and such default shall continue beyond any period of grace provided with respect thereto; or any Loan Party shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Agreement (other than Section 5.02(p)(ii)) or any other Credit Document and such failure shall continue for 30 days after the earlier of the date an officer of the Borrower or of CBII becomes aware of such failure or notice to the Borrower from the Administrative Agent or the Required Lenders; or

 

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(d) Representations and Warranties. Any representation or warranty made or furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in or in connection with this Agreement or any of the other Credit Documents, shall be false, incorrect, incomplete or misleading in any material respect (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be false, incorrect, incomplete or misleading in any respect) when made or furnished; or

(e) Cross-Default. (i) Any CBII Entity shall fail to make any payment on account of any Indebtedness or Contingent Obligation of such Person (other than the Secured Obligations) when due (whether at scheduled maturity, by required prepayment, upon acceleration or otherwise) and such failure shall continue beyond any period of grace provided with respect thereto (and in the case of reimbursement obligations with respect to Guarantees provided by financial institutions to Guarantee the payment of Governmental Charges or other regulatory obligations in the normal course of business, such failure continues for more than 30 days without the applicable CBII Entity replacing such Guarantee or paying in full the obligations respecting such Guarantee), in all such cases only if the amount of such Indebtedness or Contingent Obligation exceeds $30,000,000 or the effect of such failure is to cause, or permit the holder or holders thereof to cause, Indebtedness and/or Contingent Obligations of any CBII Entity (other than the Secured Obligations) in an aggregate amount exceeding $30,000,000 to become redeemable, due, liquidated or otherwise payable (whether at scheduled maturity, by required prepayment, upon acceleration or otherwise) and/or to be secured by cash collateral and such Indebtedness or Contingent Obligation has not been paid in full or such default has not been cured, (ii) any CBII Entity shall otherwise fail to observe or perform any agreement, term or condition contained in any agreement or instrument relating to any Indebtedness or Contingent Obligation of such Person (other than the Secured Obligations), or any other event shall occur or condition shall exist, if the effect of such failure, event or condition is to cause, or permit the holder or holders thereof to cause, Indebtedness and/or Contingent Obligations of any CBII Entity (other than the Secured Obligations) in an aggregate amount exceeding $30,000,000 to become redeemable, due, liquidated or otherwise payable (whether at scheduled maturity, by required prepayment, upon acceleration, or otherwise) and/or to be secured by cash collateral and such Indebtedness or Contingent Obligation has not been paid in full or such default has not been cured or (iii) as a result of the failure of any CBII Entity to observe or perform any agreement, term or condition therein, any Lender Rate Contract in an aggregate notional amount, if any, exceeding $30,000,000 shall have become due, liquidated, or otherwise payable and the Lender Rate Contract Obligations thereunder remain unpaid; or

(f) Insolvency; Voluntary Proceedings. Any Significant Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part (except as expressly permitted by this Agreement), (v) become insolvent as such term may be defined or interpreted under any Debtor Relief Law or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it; or

 

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(g) Involuntary Proceedings. Proceedings for the appointment of a receiver, trustee, liquidator or custodian of any Significant Party or of all or a substantial part of the property thereof, or an involuntary case or other proceedings seeking liquidation, reorganization or other relief with respect to any Significant Party or the debts thereof under any Debtor Relief Law shall be commenced and an order for relief entered or such proceeding shall not be dismissed or discharged within 60 calendar days of commencement; or

(h) Judgments. (i) One or more judgments, orders, decrees or arbitration awards requiring any Significant Party to pay an aggregate amount of $30,000,000 or more (exclusive of amounts covered by insurance issued by an insurer not an Affiliate of the Borrower and otherwise satisfying the requirements set forth in Section 5.01(d)) shall be rendered against any Significant Party in connection with any single or related series of transactions, incidents or circumstances and the same shall not be satisfied, vacated or stayed for a period of 30 consecutive days or (ii) any other judgments, orders, decrees, arbitration awards, writs, assessments, warrants of attachment, tax liens or executions or similar processes which, alone or in the aggregate, could reasonably be expected to have a Material Adverse Effect are rendered, issued or levied; or

(i) Credit Documents. Any Credit Document or any material term thereof shall cease to be, or be asserted by any Significant Party not to be, a legal, valid and binding obligation of any Significant Party, enforceable in accordance with its terms except as limited by Debtor Relief Laws relating to or affecting the enforcement of creditors’ rights generally and general principles of equity; or

(j) Security Documents. Any Lien against the Collateral intended to be created by any Security Document shall at any time be invalidated, subordinated or otherwise cease to be in full force and effect, for whatever reason, or any security interest purported to be created by any Security Document shall cease to be, or shall be asserted by any Significant Party not to be, a valid, first priority perfected Lien (to the extent that this Agreement obligates the Loan Parties to provide such a perfected first priority Lien, and except to the extent Permitted Liens are expressly permitted herein to have priority) in the Collateral; or

(k) Employee Benefit Plans. Any ERISA Event which the Administrative Agent reasonably believes in good faith constitutes grounds for the termination of any Pension Plan by the PBGC or for the appointment of a trustee by the PBGC to administer any Pension Plan shall occur and be continuing for a period of 30 days or more after notice thereof is provided or required to be provided to the Borrower by the Administrative Agent, or any Pension Plan shall be terminated within the meaning of Title IV of ERISA or a trustee shall be appointed by the PBGC to administer any Pension Plan; or

(l) Change of Control. Any Change of Control shall occur.

SECTION 6.02. Remedies. At any time after the occurrence and during the continuance of any Event of Default (other than an Event of Default referred to in Section 6.01(f) or 6.01(g)), the Administrative Agent may or shall, upon instructions from the Required Lenders, by written notice to the Borrower, (a) terminate the Commitments, any obligation of the L/C Issuer to make L/C Credit Extensions and the obligations of the Lenders to make Loans;

 

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(b) require that the Borrower Cash Collateralize the Obligations in respect of the outstanding Letters of Credit in an amount equal to the then Effective Amount of the L/C Obligations; and/or (c) declare all or a portion of the outstanding Obligations payable by the Borrower to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Notes to the contrary notwithstanding. Upon the occurrence and during the continuance of any Event of Default described in Section 6.01(f) or 6.01(g), immediately and without notice, (a) the Commitments, any obligation of the L/C Issuer to make L/C Credit Extensions and the obligations of the Lenders to make Loans shall automatically terminate, (b) the obligation of the Borrower to Cash Collateralize the Obligations in respect of the outstanding Letters of Credit in an amount equal to the then Effective Amount of the L/C Obligations shall automatically become effective and (c) all outstanding Obligations payable by the Borrower hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, the Administrative Agent may exercise any other right, power or remedy available to it under any of the Credit Documents or otherwise by law, either by suit in equity or by action at law, or both.

SECTION 6.03. Application of Proceeds of Collateral after an Event of Default. Upon the occurrence and during the continuation of an Event of Default, any amounts that may be on deposit in any lockbox, restricted or other accounts and any replacement or successor accounts relating thereto and the Proceeds and avails of the Collateral at any time received by the Administrative Agent or the Collateral Agent shall, when received by the Administrative Agent or the Collateral Agent in cash or its equivalent, be applied to the Secured Obligations as follows:

first, to the payment of all of the fees, indemnification payments, costs and expenses that are due and payable to the Administrative Agent and the Collateral Agent (solely in their respective capacities as the Administrative Agent and the Collateral Agent) under or in respect of this Agreement and the other Credit Documents in respect of the Secured Obligations on such date, ratably based upon the respective aggregate amounts of all such fees, indemnification payments, costs and expenses owing to the Administrative Agent and the Collateral Agent on such date;

second, to the payment of all of the fees, indemnification payments, costs and expenses that are due and payable to the L/C Issuer and the Swing Line Lender (solely in their respective capacities as such) under or in respect of this Agreement and the other Credit Documents in respect of the Secured Obligations on such date, ratably based upon the respective aggregate amounts of all such fees, indemnification payments, costs and expenses owing to the L/C Issuer and the Swing Line Lender on such date;

third, to the payment of all of the indemnification payments, costs and expenses that are due and payable to the Secured Parties under Sections 8.03 and 8.04 of this Agreement, Section 12.01 of the Security Agreement executed as of the Effective Date and any similar section of any of the other Credit Documents in respect of the Secured Obligations and to the payment of all of the indemnification payments, costs, and expenses that are due and payable to

 

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the Secured Parties under any Lender Rate Contracts on such date, ratably based upon the respective aggregate amounts of all such indemnification payments, costs and expenses owing to the Secured Parties on such date;

fourth, to the payment of all of the amounts that are due and payable to the Administrative Agent and the Secured Parties under Sections 2.11, 2.12 and 2.13 of this Agreement on such date, ratably based upon the respective aggregate amounts thereof owing to the Administrative Agent and the other Secured Parties on such date;

fifth, to the payment of all of the interest and fees that are due and payable to the Secured Parties on such date, ratably based upon the respective aggregate amounts of all such interest and fees owing to the Secured Parties on such date;

sixth, to the payment of the principal amount of all of the outstanding Loans (including the principal amount of any L/C Borrowings) that is due and payable to the Administrative Agent and the other Secured Parties in respect of the Secured Obligations, to the payment of the Termination Value of any Lender Rate Contracts on such date and to Cash Collateralize the Obligations in respect of the outstanding Letters of Credit in an amount equal to the then Effective Amount of the L/C Obligations, ratably based upon the respective aggregate amounts of all such principal and other amounts owing to the Administrative Agent and the other Secured Parties on such date; and

seventh, to the payment of all other Secured Obligations owed to the Secured Parties under or in respect of the Credit Documents in respect of the Secured Obligations that are due and payable to the Secured Parties on such date, ratably based upon the respective aggregate amounts of all such Secured Obligations owing to the Secured Parties on such date.

The Loan Parties shall remain liable to the Administrative Agent and the Collateral Agent and the Secured Parties for any deficiency.

ARTICLE VII THE ADMINISTRATIVE AGENT AND RELATIONS AMONG THE LENDERS

SECTION 7.01. Appointment, Powers and Immunities.

(a) Each Lender hereby appoints and authorizes the Administrative Agent to act as its agent hereunder and under the other Credit Documents with such powers as are expressly delegated to the Administrative Agent by the terms of this Agreement and the other Credit Documents, together with such other powers as are reasonably incidental thereto. Each Lender hereby authorizes the Administrative Agent to take such action on its behalf under the provisions of this Agreement and the other Credit Documents and to exercise such powers as are set forth herein or therein, together with such other powers as are reasonably incidental thereto. Any reference to the Lead Arranger, the Co-Documentation Agents, the Co-Managing Agents or the Syndication Agent in any of the Credit Documents shall be solely for titular purposes and Rabobank, as the Lead Arranger, Wells Fargo, as the Syndication Agent, ING Capital LLC, as a Co-Documentation Agent, Barclays Bank PLC, as a Co-Documentation Agent, Royal Bank of Canada, as a Co-Managing Agent, and The PrivateBank and Trust Company, as a Co-Managing Agent, shall not have any duties, responsibilities or obligations or any liabilities under this

 

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Agreement or any other Credit Documents and any amendments, consents, waivers or any other actions taken in connection with this Agreement or the other Credit Documents shall not require the consent of the Lead Arranger, the Syndication Agent, the Co-Documentation Agents or the Co-Managing Agents in such respective capacities. The Administrative Agent shall not (i) have any duties or responsibilities except those expressly set forth in this Agreement or in any other Credit Document, (ii) be a trustee for any Lender or (iii) have any fiduciary duty to any Lender. Notwithstanding anything to the contrary contained herein, the Administrative Agent shall not be required to take any action which is contrary to this Agreement or any other Credit Document or any applicable Governmental Rule. Neither the Administrative Agent nor any Lender shall be responsible to any other Lender for any recitals, statements, representations or warranties made by any CBII Entity contained in this Agreement or in any other Credit Document, for the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any other Credit Document or for any failure by any Loan Party to perform its obligations hereunder or thereunder. The Administrative Agent may employ agents and attorneys-in-fact and shall not be responsible to any Lender for the negligence or misconduct of any such agents or attorneys-in-fact selected by it with reasonable care. Neither the Administrative Agent nor any of its directors, officers, employees, agents or advisors shall be responsible to any Lender for any action taken or omitted to be taken by it or them hereunder or under any other Credit Document or in connection herewith or therewith, except for its or their own gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. Except as otherwise provided under this Agreement, the Administrative Agent shall take such action with respect to the Credit Documents as shall be directed by the Required Lenders. Each of the Secured Parties hereby appoints the administrative agent for the Lenders (or any successor appointed in accordance with Section 7.06) to act as its agent (in such capacity, the “Collateral Agent”) with respect to all matters relating to the Security Documents and Rabobank, as administrative agent for the Lenders as of the Effective Date, hereby accepts such appointment.

(b) The L/C Issuer shall act on behalf of the Revolving Lenders with respect to any Letters of Credit issued by it and the documents associated therewith until such time (and except for so long) as the Administrative Agent may agree at the request of the Required Revolving Lenders to act for the L/C Issuer with respect thereto; provided, however, that the L/C Issuer shall have all of the benefits and immunities (i) provided to the Administrative Agent in this Article VII with respect to any acts taken or omissions suffered by the L/C Issuer in connection with Letters of Credit issued by them or proposed to be issued by them and the application and agreements for letters of credit pertaining to the Letters of Credit as fully as if the term “Administrative Agent” as used in this Article VII included the L/C Issuer with respect to such acts or omissions and (ii) as additionally provided herein with respect to the L/C Issuer.

(c) The Administrative Agent shall be released from the restrictions of Section 181 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

SECTION 7.02. Reliance by the Administrative Agent. The Administrative Agent, the L/C Issuer and the Swing Line Lender shall be entitled to rely upon any certificate, notice or other document (including any cable, telegram, facsimile or telex) believed by it in good faith to be genuine and correct and to have been signed or sent by or on behalf of the proper Person or Persons, and upon advice and statements of legal counsel, independent accountants and other

 

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experts selected by the Administrative Agent with reasonable care. As to any other matters not expressly provided for by this Agreement, the Administrative Agent shall not be required to take any action or exercise any discretion, but shall be required to act or to refrain from acting, upon instructions of the Required Lenders (or such other requisite Lenders as may be required by Section 8.04) and shall in all cases be fully protected by the Lenders in acting, or in refraining from acting, hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders (or such other requisite Lenders as may be required by Section 8.04), and such instructions of the Required Lenders (or such other requisite Lenders as may be required by Section 8.04) and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders.

SECTION 7.03. Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of any Default unless the Administrative Agent has received a written notice from a Lender or the Borrower, referring to this Agreement, describing such Default and stating that such notice is a “Notice of Default”. If the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall take such action with respect to such Default as shall be reasonably directed by the Required Lenders; provided, however, that until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Lenders. Notwithstanding anything in the contrary contained herein, the order and manner in which the Lenders’ rights and remedies are to be exercised (including the enforcement by any Lender of its Note) shall be determined by the Required Lenders in their sole discretion.

SECTION 7.04. Indemnification.

(a) Without limiting the obligations of the Borrower hereunder, and to the extent not reimbursed by the Borrower, each Lender severally agrees to indemnify the Administrative Agent, in accordance with each Lender’s ratable share (determined as provided below), for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against the Administrative Agent in any way relating to or arising out of this Agreement or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or the enforcement of any of the terms hereof or thereof; provided, however, that no Lender shall be liable for any of the foregoing to the extent they arise from the Administrative Agent’s gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. The Administrative Agent shall be fully justified in refusing to take or in continuing to take any action hereunder unless it shall first be indemnified to its satisfaction by the Lenders against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action. For purposes of this Section 7.04(a), each Lender’s ratable share of any amount shall be determined, at any time, according to the sum of (i) the aggregate principal amount of the Term Loans outstanding at such time and owing to such Lender and (ii) such Lender’s Revolving Proportionate Share.

 

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(b) Without limiting the obligations of the Borrower hereunder, and to the extent not reimbursed by the Borrower, each Revolving Lender severally agrees to indemnify the L/C Issuer, ratably in accordance with its Revolving Proportionate Share, for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against the L/C Issuer in any way relating to or arising out of this Agreement or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or the enforcement of any of the terms hereof or thereof; provided, however, that no Revolving Lender shall be liable for any of the foregoing to the extent they arise from an L/C Issuer’s gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. The L/C Issuer shall be fully justified in refusing to take or in continuing to take any action hereunder unless it shall first be indemnified to its satisfaction by the Revolving Lenders against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

(c) The obligations of each Lender under this Section 7.04 shall survive the payment and performance of the Secured Obligations, the termination of this Agreement and any Lender ceasing to be a party to this Agreement (with respect to events which occurred prior to the time such Lender ceased to be a Lender hereunder).

SECTION 7.05. Non-Reliance. Each Lender represents that it has, independently and without reliance on the Administrative Agent, or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of the business, prospects, management, financial condition and affairs of the CBII Entities and its own decision to enter into this Agreement and agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own appraisals and decisions in taking or not taking action under this Agreement. Neither the Administrative Agent nor any of its Affiliates nor any of their respective directors, officers, employees, agents or advisors, in whatever capacity, shall (a) be required to keep any Lender informed as to the performance or observance by any Loan Party of the obligations under this Agreement or any other document referred to or provided for herein or to make inquiry of, or to inspect the properties or books of any CBII Entity; (b) have any duty or responsibility to provide any Lender with any credit or other information concerning any CBII Entities which may come into the possession of the Administrative Agent (whether communicated to or obtained by the Administrative Agent), except for notices, reports and other documents and information delivered to the Administrative Agent pursuant to Section 5.01(a) or expressly required to be furnished to the Lenders by the Administrative Agent hereunder; (c) be responsible to any Lender for (i) any recital, statement, representation or warranty made by any CBII Entity or any officer, employee or agent of any CBII Entity in this Agreement or in any of the other Credit Documents, (ii) the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement or any Credit Document, (iii) the value or sufficiency of the Collateral or the validity or perfection of any of the liens or security interests intended to be created by the Credit Documents or (iv) any failure by any Loan Party to perform its obligations under this Agreement or any other Credit Document or (d) be liable for any circumstance, action, or failure to act in the nature described in clauses (a) through (c) above.

 

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SECTION 7.06. Resignation of the Administrative Agent.

(a) The Administrative Agent may resign as to any or all of the Facilities at any time by giving 30 days prior written notice thereof to the Borrower and the Lenders, and the Administrative Agent may be removed as to all of the Facilities at any time with or without cause by the Required Lenders. Upon any such resignation or removal, the Required Lenders shall have the right to appoint a successor Administrative Agent as to such of the Facilities as to which the Administrative Agent has resigned or been removed, which successor Administrative Agent, if not a Lender, shall be reasonably acceptable to the Borrower; provided, however, that the Borrower shall have no right to approve a successor Administrative Agent if a Default has occurred and is continuing. Upon the acceptance of any appointment as the Administrative Agent hereunder by a successor Administrative Agent, such successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent, and the retiring Administrative Agent shall be discharged from the duties and obligations thereafter arising hereunder. After any retiring Administrative Agent’s resignation or removal hereunder as the Administrative Agent, the provisions of this Article VII shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as the Administrative Agent. Notwithstanding the foregoing, however, Rabobank may not be removed as Administrative Agent at the request of the Required Lenders unless Rabobank shall also simultaneously be replaced and fully released as “L/C Issuer” and “Swing Line Lender” hereunder pursuant to documentation in form and substance reasonably satisfactory to Rabobank.

(b) Any resignation by the Administrative Agent pursuant to this Section 7.06 shall also constitute its resignation as L/C Issuer and Swing Line Lender. Upon the acceptance of a successor’s appointment as Administrative Agent hereunder, (i) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the L/C Issuer and Swing Line Lender, (ii) the retiring L/C Issuer and Swing Line Lender shall be discharged from all of their respective duties and obligations hereunder or under the other Credit Documents and (iii) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangement satisfactory to the retiring L/C Issuer to effectively assume the obligations of the retiring L/C Issuer with respect to such Letters of Credit.

SECTION 7.07. Collateral Matters.

(a) The Administrative Agent is hereby authorized by each Secured Party, without the necessity of any notice to or further consent from any Secured Party, and without the obligation to take any such action, to take any action with respect to any Collateral or any Security Document which may from time to time be necessary to perfect and maintain perfected the Liens of the Security Documents.

(b) The Secured Parties irrevocably authorize the Administrative Agent, at its option and in its discretion, to release (and to execute and deliver such documents, instruments and agreements as the Administrative Agent may deem necessary to release) any Lien granted to or held by the Administrative Agent upon any Collateral and any guarantee of the Secured Obligations (i) upon termination of the Revolving Loan Commitments and the Term Loan

 

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Commitments and the full Cash Collateralization in an amount equal to the then outstanding L/C Obligations and the payment in full of all Secured Obligations, including all other non-contingent Secured Obligations payable under this Agreement and under the other Credit Documents and the Lender Rate Contract Obligations (unless (i) arrangements have been made for the Lender Rate Contract Obligations under such Lender Rate Contract to be secured by a secured credit facility refinancing the Facilities or (ii) the provision of other replacement collateral equivalent in nature and value has been made (as reasonably determined by the Borrower and the applicable Lender Rate Contract counterparty) to support the Lender Rate Contract Obligations); (ii) constituting property of the Loan Parties which is sold, transferred or otherwise disposed of in connection with any transaction not prohibited by this Agreement or the Credit Documents; (iii) constituting property leased to the Significant Parties under an operating lease which has expired or been terminated in a transaction not prohibited by this Agreement or the other Credit Documents or which will concurrently expire and which has not been and is not intended by the Significant Parties to be, renewed or extended; (iv) consisting of an instrument, if the Indebtedness evidenced thereby has been paid in full; or (v) if approved or consented to by those of the Secured Parties required by Section 8.04. Upon request by the Administrative Agent, the other Secured Parties will confirm in writing the Administrative Agent’s authority to release particular types or items of the Collateral pursuant to this Section 7.07.

SECTION 7.08. The Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from and generally engage in any kind of banking or other business with the any CBII Entity and its Affiliates as though the Administrative Agent were not the Administrative Agent, L/C Issuer or Swing Line Lender hereunder. With respect to Loans, if any, made by the Administrative Agent in its capacity as a Lender, the Administrative Agent in its capacity as a Lender shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, L/C Issuer or Swing Line Lender, and the terms “Lender” or “Lenders” shall include the Administrative Agent in its capacity as a Lender.

SECTION 7.09. Appointment of Supplemental Collateral Agent.

(a) It is the purpose of this Agreement and the other Credit Documents that there shall be no violation of any law of any jurisdiction denying or restricting the right of banking corporations or associations to transact business as agent or trustee in such jurisdiction. It is recognized that in case of litigation under this Agreement or any of the other Credit Documents, and in particular in case of the enforcement of any of the Credit Documents, or in case the Administrative Agent deems that by reason of any present or future law of any jurisdiction it may not exercise any of the rights, powers or remedies granted herein or in any of the other Credit Documents or take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Administrative Agent appoint an additional individual or institution as a separate trustee, co-trustee, collateral agent, collateral sub-agent or collateral co-agent (any such additional individual or institution being referred to herein as a “Supplemental Collateral Agent”).

(b) In the event that the Administrative Agent appoints a Supplemental Collateral Agent with respect to any Collateral, (i) each and every right, power, privilege or duty

 

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expressed or intended by this Agreement or any of the other Credit Documents to be exercised by or vested in or conveyed to the Administrative Agent with respect to such Collateral shall be exercisable by and vest in such Supplemental Collateral Agent to the extent, and only to the extent, necessary to enable such Supplemental Collateral Agent to exercise such rights, powers and privileges with respect to such Collateral and to perform such duties with respect to such Collateral, and every covenant and obligation contained in the Credit Documents and necessary to the exercise or performance thereof by such Supplemental Collateral Agent shall run to and be enforceable by either the Administrative Agent or such Supplemental Collateral Agent, and (ii) the provisions of this Article VII and of Section 8.04 that refer to the Administrative Agent shall inure to the benefit of such Supplemental Collateral Agent and all references therein to the Administrative Agent shall be deemed to be references to the Administrative Agent and/or such Supplemental Collateral Agent, as the context may require.

(c) Should any instrument in writing from any Loan Party be reasonably required by any Supplemental Collateral Agent so appointed by the Administrative Agent for more fully and certainly vesting in and confirming to him or it such rights, powers, privileges and duties, such Loan Party shall execute, acknowledge and deliver any and all such instruments promptly upon request by the Administrative Agent. In case any Supplemental Collateral Agent, or a successor thereto, shall die, become incapable of acting, resign or be removed, all the rights, powers, privileges and duties of such Supplemental Collateral Agent, to the extent permitted by law, shall vest in and be exercised by the Administrative Agent until the appointment of a new Supplemental Collateral Agent.

ARTICLE VIII MISCELLANEOUS

SECTION 8.01. Notices.

(a) Notices Generally. Except as otherwise provided herein, including Section 8.01(b), all notices, requests, demands, consents, instructions or other communications to or upon CBII, the Borrower, any Lender or the Administrative Agent under this Agreement or the other Credit Documents shall be in writing and faxed, mailed or delivered, if to the Borrower or to the Administrative Agent, the L/C Issuer or the Swing Line Lender, at its respective facsimile number, e-mail address (only in respect of any Notice of Borrowing, Notice of Interest Period Selection and Notice of Conversion), or address set forth in Schedule IV, if to any Lender, at the address or facsimile number specified for such Lender to the Administrative Agent (or to such other facsimile number, e-mail address, or address for any party as indicated in any notice given by that party to the Administrative Agent). All such notices and communications shall be effective (i) when sent by an overnight courier service of recognized standing, on the second Business Day following the deposit with such service; (ii) when mailed, first class postage prepaid and addressed as aforesaid through the United States Postal Service, upon receipt; (iii) when delivered by hand, upon delivery; and (iv) when sent by facsimile or e-mail transmission, upon confirmation of receipt; provided, however, that any notice delivered to the Administrative Agent, the L/C Issuer or the Swing Line Lender under Article II shall not be effective until actually received by such Person. Additionally, notwithstanding the obligation of the Borrower to send written confirmation of any Notice of Borrowing, Notice of Interest Period Selection and Notice of Conversion made by e-mail transmission if and when requested by the Administrative Agent, in the event that the Administrative Agent agrees to accept a Notice of

 

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Borrowing, Notice of Interest Period Selection or Notice of Conversion made by e-mail transmission, such e-mail transmission of Notice of Borrowing, Notice of Interest Period Selection or Notice of Conversion shall be binding on the Borrower whether or not written confirmation is sent by Borrower or requested by the Administrative Agent, and the Administrative Agent may act prior to the receipt of any requested written confirmation, without any liability whatsoever, based upon e-mail notice believed by the Administrative Agent in good faith to be from the Borrower or its agents. The Administrative Agent’s records of the terms of any e-mail Notice of Borrowing, Notice of Interest Period Selection or Notice of Conversion shall be conclusive on Borrower in the absence of gross negligence or willful misconduct on the part of the Administrative Agent in connection therewith, as determined by a final non-appealable judgment of a court of competent jurisdiction.

(b) Notices of Borrowing, Conversion and Interest Period Selection. Each Notice of Borrowing, Notice of Conversion and Notice of Interest Period Selection shall be given by the Borrower to the Administrative Agent’s office located at the address referred to above during the Administrative Agent’s normal business hours; provided, however, that any such notice received by the Administrative Agent after 11:00 a.m. on any Business Day shall be deemed received by the Administrative Agent on the next Business Day. In any case where this Agreement authorizes notices, requests, demands or other communications by the Borrower to the Administrative Agent or any Lender to be made by telephone or facsimile, the Administrative Agent or any Lender may conclusively presume that anyone purporting to be a person designated in any incumbency certificate or other similar document received by the Administrative Agent or a Lender is such a person.

(c) IntraLinks.

(i) The Borrower agrees that the Administrative Agent may make any material delivered by the Borrower to the Administrative Agent, as well as any amendments, waivers, consents, and other written information, documents, instruments and other materials relating to any of the CBII Entities, or any other materials or matters relating to this Agreement (excluding any Notice of Borrowing, Notice of Conversion or Notice of Interest Period Selection), the Credit Documents, or any of the transactions contemplated hereby or thereby (collectively, the “Communications”) available to the Lenders by posting such notices on an electronic delivery system (which may be provided by the Administrative Agent, an Affiliate, or any Person that is not an Affiliate of the Administrative Agent), such as IntraLinks, or a substantially similar electronic system (the “Platform”). The Borrower acknowledges that (A) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (B) the Platform is provided “as is” and “as available” and (C) neither the Administrative Agent nor any of its Affiliates warrants the accuracy, completeness, timeliness, sufficiency, or sequencing of the Communications posted on the Platform. The Administrative Agent and its Affiliates expressly disclaim with respect to the Platform any liability for errors in transmission, incorrect or incomplete downloading, delays in posting or delivery, or problems accessing the Communications posted on the Platform and any liability for any losses, costs, expenses or liabilities that may be suffered or incurred in connection with the Platform. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code

 

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defects, is made by the Administrative Agent or any of its Affiliates in connection with the Platform.

(ii) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notification”) specifying that any Communication has been posted to the Platform shall for purposes of this Agreement constitute effective delivery to such Lender of such information, documents or other materials comprising such Communication. Each Lender agrees (A) to notify, on or before the date such Lender becomes a party to this Agreement, the Administrative Agent in writing of such Lender’s e-mail address (or e-mail addresses) to which a Notification may be sent (and from time to time thereafter to ensure that the Administrative Agent has on record an effective e-mail address for such Lender) and (B) that any Notification may be sent to such e-mail address.

SECTION 8.02. Expenses. The Borrower shall pay on demand, whether or not any Credit Event occurs hereunder, (a) all costs, fees and expenses, including reasonable travel expenses and reasonable attorneys’ fees and expenses, incurred by the Administrative Agent in connection with the syndication of the facilities provided hereunder, the preparation, negotiation, execution and delivery of, and the exercise of its duties under, this Agreement and the other Credit Documents, and the preparation, negotiation, execution and delivery of amendments and waivers hereunder and thereunder and (b) all costs, fees and expenses, including attorneys’ fees and expenses, incurred by the Administrative Agent and the Lenders in the enforcement or attempted enforcement of any of the Secured Obligations or in preserving any of the Administrative Agent’s or the Lenders’ rights and remedies (including all such fees and expenses incurred in connection with any “workout” or restructuring affecting the Credit Documents or the Secured Obligations or any bankruptcy or similar proceeding, including any proceeding or action commenced by the Administrative Agent or any Lender seeking relief from the automatic or similar stay in effect under any Debtor Relief Law, involving any Significant Party). The obligations of the Borrower under this Section 8.02 shall survive the payment and performance of the Secured Obligations and the termination of this Agreement.

SECTION 8.03. Indemnification. To the fullest extent permitted by law, the Borrower agrees to protect, indemnify, defend and hold harmless the Administrative Agent, the L/C Issuer, the Swing Line Lender, the Lenders and their Affiliates and their respective directors, officers, employees, attorneys, agents, trustees and advisors (collectively, “Indemnitees”) from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, disbursements, or expenses of any kind or nature and from any suits, claims or demands (including in respect of or for attorneys’ fees and other expenses) arising on account of or in connection with any matter or thing or action or failure to act by Indemnitees, or any of them, arising out of or relating to (a) the Credit Documents or any transaction contemplated thereby or related thereto, including the making of any Loans and any use by the Borrower of any proceeds of the Loans or the Letters of Credit, (b) any Environmental Damages and (c) any claims for brokerage fees or commissions (other than any committed to be paid in writing by the Administrative Agent or any Lender) in connection with the Credit Documents or any transaction contemplated thereby or in connection with the Borrower’s failure to conclude any other financing, and to reimburse each Indemnitee on demand for all legal and other expenses incurred in connection with investigating or defending any of the foregoing; provided, however, that nothing contained in this Section 8.03 shall obligate the Borrower to protect, indemnify,

 

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defend or hold harmless any Indemnitee against any claim (i) to the extent arising out of the gross negligence or willful misconduct of such Indemnitee, as determined by a final non-appealable judgment of a court of competent jurisdiction or (ii) solely between or among Indemnitees. Upon receiving knowledge of any suit, claim or demand asserted by a third party that the Administrative Agent or any Lender believes is covered by this indemnity, the Administrative Agent or such Lender shall give the Borrower notice of the matter and the Administrative Agent or such Lender may select its own counsel or request that the Borrower defend such suit, claim or demand, with legal counsel satisfactory to the Administrative Agent or such Lender as the case may be, at the Borrower’s sole cost and expense; provided, however, that the Administrative Agent or such Lender shall not be required to so notify the Borrower and the Administrative Agent or such Lender shall have the right to defend, at the Borrower’s sole cost and expense, any such matter that is in connection with a formal proceeding instituted by any Governmental Authority having authority to regulate or oversee any aspect of the Administrative Agent’s or such Lender’s business or that of its Affiliates; and provided, further, that if the Borrower accepts the defense, it shall be authorized to select its own counsel, but the Borrower shall be required to coordinate with and keep the Administrative Agent, the Lenders, and/or their counsel informed as to the progress of the defense (but in such situation the Borrower shall only be obligated to pay the fees and expenses of one separate counsel to the Administrative Agent and the Lenders for such matter being defended). The Administrative Agent or such Lender may also require the Borrower to defend the matter. Any failure or delay of the Administrative Agent or any Lender to notify the Borrower of any such suit, claim or demand shall not relieve the Borrower of its obligations under this Section 8.03. The obligations of the Borrower under this Section 8.03 shall survive the payment and performance of the Secured Obligations and the termination of this Agreement. In the case of an action, suit, judgment, claim or demand to which the indemnity in this Section 8.03 applies, such indemnity shall be effective whether or not such action, suit, judgment, claim or demand is brought by any Loan Party, its directors, shareholders or creditors, any Indemnitee or any other Person, whether or not any Indemnified Party is otherwise a party thereto and whether or not the Transaction is consummated.

SECTION 8.04. Waivers; Amendments. Any term, covenant, agreement or condition of this Agreement or any other Credit Document may be amended or waived, and any consent under this Agreement or any other Credit Document may be given, if such amendment, waiver or consent is in writing and is signed by the Borrower and the Required Lenders (or the Administrative Agent on behalf of the Required Lenders with the written approval of the Required Lenders); provided, however, that:

(a) Any amendment, waiver or consent which would (i) amend this Section 8.04 or Section 2.16 or any other Section of this Agreement providing for voting percentages or (ii) amend any of the definitions of Required Lenders, Required Revolving Lenders or Required Term Lenders must be in writing and signed or approved in writing by all Lenders affected thereby;

(b) Any amendment, waiver or consent which would (i) increase the Commitment of any Lender (other than any increases pursuant to Section 2.16), (ii) extend the Maturity Date for any Facility, (iii) extend any date fixed for any payment of the principal of or interest on any Loans or any fees or other amounts payable for the account of any Lender

 

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hereunder, (iv) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing or any fees or other amounts for the account of any Lender hereunder must be in writing and signed by each affected Lender;

(c) Any amendment, waiver or consent which would change the pro rata treatment of Lenders under Section 2.10(a), must be in writing and signed by each affected Lender and the Required Lenders;

(d) Any amendment, waiver or consent which changes the order of application of proceeds of Collateral set forth in Section 6.03 or which changes the order of application of any reduction in the Commitments or any prepayment of Loans among the Facilities from the application thereof set forth in the applicable provisions of Section 2.04 or 2.06, respectively, in any manner that adversely affects the Lenders under a Facility must be in writing and signed by the Required Lenders, and (i) to the extent the Lenders under the Revolving Loan Facility are adversely affected, the Required Revolving Lenders and (ii) to the extent the Lenders under the Term Loan Facility are adversely affected, the Required Term Lenders;

(e) Any amendment, waiver or consent which affects the rights or duties of the Swing Line Lender under this Agreement must be in writing and signed by the Swing Line Lender;

(f) Any amendment, waiver or consent which affects the rights or duties of the L/C Issuer under this Agreement or any Letter of Credit Application relating to any Letter of Credit issued or to be issued by it must be in writing and signed by each affected L/C Issuer;

(g) Any consent relating to the sale or other disposition of any Key Assets must be in writing and signed by the Lenders;

(h) Any amendment, waiver or consent which would, except as permitted pursuant to this Agreement, (i) release one or more Guarantors (or otherwise limit such Guarantors’ liability with respect to the Secured Obligations under the applicable Guarantee Agreements except as may be required by the law of its applicable jurisdiction of organization) if such release or limitation is in respect of all or substantially all of the value of the Parent Guarantee Agreement and the Subsidiary Guarantee Agreements, or (ii) release all or substantially all of the Collateral in any transaction or series of related transactions, must be in writing and signed by the Lenders;

(i) Any amendment, waiver or consent which would waive any of the conditions specified in Section 3.02 must be in writing and signed by the Required Revolving Lenders; and

(j) Any amendment, waiver or consent which affects the rights or obligations of the Administrative Agent must additionally be in writing and signed by the Administrative Agent.

No failure or delay by the Administrative Agent or any Lender in exercising any right under this Agreement or any other Credit Document shall operate as a waiver thereof or of any

 

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other right hereunder or thereunder nor shall any single or partial exercise of any such right preclude any other further exercise thereof or of any other right hereunder or thereunder. Unless otherwise specified in such waiver or consent, a waiver or consent given hereunder shall be effective only in the specific instance and for the specific purpose for which given.

SECTION 8.05. Successors and Assigns.

(a) Binding Effect. This Agreement and the other Credit Documents shall be binding upon and inure to the benefit of the Borrower, the Lenders, the Administrative Agent, the L/C Issuer and their respective successors and permitted assigns, except that no Loan Party may assign or transfer any of its rights or obligations under any Credit Document without the prior written consent of the Administrative Agent and, to the extent required by Section 8.04, the requisite Lenders. Any assignment or transfer in violation of the foregoing shall be null and void.

(b) Participations. Any Lender may, without notice to or consent of the Borrower or Administrative Agent, at any time sell to one or more banks or other financial institutions (“Participants”) participating interests in all or a portion of any Loan owing to such Lender, any Note held by such Lender, any Commitment of such Lender or any other interest of such Lender under this Agreement and the other Credit Documents (including for purposes of this Section 8.05(b), participations in L/C Obligations and in Swing Line Loans). In the event of any such sale by a Lender of participating interests, such Lender’s obligations under this Agreement shall remain unchanged, such Lender shall remain solely responsible for the performance thereof, such Lender shall remain the holder of its Notes for all purposes under this Agreement and the Borrower and the Administrative Agent shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. Any agreement pursuant to which any such sale is effected may require the selling Lender to obtain the consent of the Participant in order for such Lender to agree in writing to any amendment, waiver or consent of a type specified in Section 8.04(b)(iii), 8.04(b)(iv), or 8.04(g) but shall not otherwise require the selling Lender to obtain the consent of such Participant to any other amendment, waiver or consent hereunder. The Borrower agrees that if amounts outstanding under this Agreement and the other Credit Documents are not paid when due (whether upon acceleration or otherwise), each Participant shall, to the fullest extent permitted by law, be deemed to have the right of setoff in respect of its participating interest in amounts owing under this Agreement and any other Credit Documents to the same extent as if the amount of its participating interest were owing directly to it as a Lender under this Agreement or any other Credit Documents; provided, however, that (i) no Participant shall exercise any rights under this sentence without the consent of the Administrative Agent, (ii) no Participant shall have any rights under this sentence which are greater than those of the selling Lender and (iii) such rights of setoff shall be subject to the obligation of such Participant to share the payment so obtained with all of the Lenders as provided in Section 2.10(b). The Borrower also agrees that any Lender which has transferred any participating interest in its Commitment or Loans shall, notwithstanding any such transfer, be entitled to the full benefits accorded such Lender under Sections 2.11, 2.12 and 2.13, as if such Lender had not made such transfer.

 

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(c) Assignments.

(i) Any Lender may, at any time, sell and assign to any Lender or any Eligible Assignee (individually, an “Assignee Lender”) all or a portion of its rights and obligations under this Agreement and the other Credit Documents (including for purposes of this Section 8.05(c), participations in L/C Obligations and in Swing Line Loans) (such a sale and assignment to be referred to herein as an “Assignment”) pursuant to an assignment agreement in substantially the form of Exhibit H (an “Assignment Agreement”), executed by each Assignee Lender and such assignor Lender (an “Assignor Lender”) and delivered to the Administrative Agent for its acceptance and recording in the Register; provided, however, that:

(A) [Intentionally Omitted];

(B) Without the written consent of the Administrative Agent (which consent shall not be unreasonably withheld) and, if no Event of Default has occurred and is continuing, the Borrower (which consent shall not be unreasonably withheld or delayed), no Lender may make any Assignment to any Assignee Lender which is not, immediately prior to such Assignment, a Lender hereunder, an Affiliate thereof or an Approved Fund thereof;

(C) Without the written consent of the Administrative Agent and, if no Event of Default has occurred and is continuing, the Borrower (which consent of the Borrower shall not be unreasonably withheld or delayed), no Lender may make any Assignment to any Assignee Lender if, after giving effect to such Assignment, the Commitments or Loans of such Lender or such Assignee Lender would be less than $1,000,000 (except that (A) a Lender may make an Assignment which reduces its Commitment or Loans to zero without the written consent of the Borrower and the Administrative Agent except to the extent such written consent is required by clause (B) above or clause (D) below and (B) an Assignor Lender may make an Assignment to an Assignee Lender whereby after giving effect to such Assignment, the Commitment or Loans of such Lender or such Assignee Lender would be less than $1,000,000 without the written consent of the Borrower and the Administrative Agent if the Assignee Lender is an Approved Fund of the Assignor Lender); and

(D) Without the written consent of the Administrative Agent and, if no Event of Default has occurred and is continuing, the Borrower (which consent of the Borrower shall not be unreasonably withheld or delayed), no Revolving Lender may make any Assignment which does not assign and delegate an equal pro rata interest in such Revolving Lender’s Revolving Loans, Revolving Loan Commitment and all other rights, duties and obligations of such Revolving Lender under this Agreement and the other Credit Documents.

(ii) Notwithstanding the foregoing, (a) the Borrower’s consent in respect of any Assignment shall not be required until the syndication of the Facilities shall have been completed as separately agreed by and between the Lead Arranger and the Borrower; and (b) any Lender may, without diminishing or relieving it of its obligations hereunder, assign to a Conduit Lender its right to make Loans under this Agreement and such Conduit Lender in turn may assign any or all of the Loans it may have funded hereunder to its designating Lender without the consent of the Borrower or the Administrative Agent and without regard to the limitations set forth in Sections 8.05(c)(i)(A) through 8.05(c)(i)(D). Each of the Borrower, each

 

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Lender and the Administrative Agent hereby confirms that it will not institute against a Conduit Lender or join any other Person in instituting against a Conduit Lender any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding under any state bankruptcy, Debtor Relief Law or similar law, for one year and one day after the payment in full of the latest maturing commercial paper note issued by such Conduit Lender; provided, however, that each Lender designating any Conduit Lender hereby agrees to indemnify, save and hold harmless each other party hereto for any loss, cost, damage, expense, obligations, penalties, actions, judgments, or suits of any kind whatsoever arising out of its inability to institute such a proceeding against such Conduit Lender during such period of forbearance.

(iii) Upon such execution, delivery, acceptance and recording of each Assignment Agreement and payment of the fee referred to in Section 8.05(e), from and after the Assignment Effective Date determined pursuant to such Assignment Agreement, (A) each Assignee Lender thereunder shall be a Lender hereunder with a Commitment and Loans as set forth in such Assignment Agreement (in addition to any Commitment and Loans theretofore held by it) and shall have the rights, duties and obligations of such a Lender under this Agreement and the other Credit Documents and (B) the Assignor Lender thereunder shall be a Lender to the extent of any remaining Commitment or Loans held by such Lender after giving effect to such Assignment Agreement or, if the Commitment and Loans of the Assignor Lender have been reduced to $0, the Assignor Lender shall cease to be a Lender and to have any obligation to make any Loan; provided, however, that any such Assignor Lender which ceases to be a Lender shall continue to be entitled to the benefits of any provision of this Agreement which by its terms survives the termination of this Agreement. Each Assignment Agreement shall be deemed to amend the Register to the extent, and only to the extent, necessary to reflect the addition of each Assignee Lender, the deletion of each Assignor Lender which reduced its Commitment and Loans to $0 and the resulting adjustment of Commitment and Loans arising from the purchase by each Assignee Lender of all or a portion of the rights and obligations of an Assignor Lender under this Agreement and the other Credit Documents. On or prior to the Assignment Effective Date determined pursuant to each Assignment Agreement, the Borrower, at its own expense, shall execute and deliver to the Administrative Agent, in exchange for a surrendered Note, if any, of the Assignor Lender thereunder, a new Note to the order of each Assignee Lender thereunder that requests such a note (with each new Note to be in an amount equal to the Commitment or Loans assumed by such Assignee Lender) and, if the Assignor Lender is continuing as a Lender hereunder, a new Note to the order of the Assignor Lender if so requested by such Assignor Lender (with the new Note to be in an amount equal to the Commitment or Loans retained by it). Each such new Note shall be dated the Effective Date (but with a notation of the date through which interest is paid), and each such new Note shall otherwise be in the form of the Note replaced thereby. The Notes surrendered by the Assignor Lender shall be returned by the Administrative Agent to the Borrower marked “Replaced”. Each Assignee Lender which was not previously a Lender hereunder and which is not incorporated under the laws of the US or a state thereof shall, within three Business Days of becoming a Lender, deliver to the Borrower and the Administrative Agent two duly completed copies of US Internal Revenue Service Form W-8IMY, W-8BEN or W-8ECI (or successor applicable form), as the case may be.

(d) Register. The Administrative Agent shall maintain at its address referred to on Schedule IV a copy of each Assignment Agreement delivered to it and a register (the “Register”) for the recordation of the names and addresses of the Lenders and the Commitment

 

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or Loans of each Lender from time to time. The entries in the Register shall be conclusive in the absence of manifest error, and the Borrower, the Administrative Agent and the Lenders may treat each Person whose name is recorded in the Register as the owner of the Loans recorded therein for all purposes of this Agreement. The Register shall be available for inspection by the Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.

(e) Registration. Upon its receipt of an Assignment Agreement executed by an Assignor Lender and an Assignee Lender (and, to the extent required by Section 8.05(c), by the Borrower and the Administrative Agent) together with payment to the Administrative Agent by Assignor Lender of a registration and processing fee of $3,500 (it being understood that, subject to the immediately following sentence, such registration and processing fee shall be due and payable for each Assignment from an Assignor Lender to an Assignee Lender), the Administrative Agent shall (i) promptly accept such Assignment Agreement and (ii) on the Assignment Effective Date determined pursuant thereto record the information contained therein in the Register and give notice of such acceptance and recordation to the Lenders and the Borrower. Notwithstanding the foregoing, the registration and processing fee set forth in the immediately preceding sentence shall not be due and payable if the Assignee Lender party to an Assignment Agreement is an Approved Fund of the Assignor Lender party thereto.

(f) Disclosure to Potential Participant or Assignee Lender. The Administrative Agent and the Lenders may disclose the Credit Documents and any financial or other information relating to any CBII Entity to each other or to any potential Participant or Assignee Lender, subject to an agreement that the potential Participant or Assignee Lender shall keep such information confidential in accordance with their usual and customary business practices.

(g) Pledges to Federal Reserve Banks and Trustee.

(i) Notwithstanding any other provision of this Agreement, any Lender may at any time assign all or a portion of its rights under this Agreement and the other Credit Documents to a Federal Reserve Bank or a bank in the farm credit banking system. No such assignment shall relieve the assigning Lender from its obligations under this Agreement and the other Credit Documents.

(ii) Notwithstanding anything to the contrary contained herein, any Lender that is a Fund may create a security interest in all or any portion of the Loans owing to it and any Note or Notes held by it to the trustee for holders of obligations owed, or securities issued, by such Fund as security for such obligations or securities; provided that, unless and until such trustee actually becomes a Lender in compliance with the other provisions of this Section 8.05, (A) no such pledge shall release the pledging Lender from any of its obligations under the Credit Documents and (B) such trustee shall not be entitled to exercise any of the rights of a Lender under the Credit Documents even though such trustee may have acquired ownership rights with respect to the pledged interest through foreclosure or otherwise.

SECTION 8.06. Setoffs by Lenders. In addition to any rights and remedies of the Lenders provided by law, each Lender shall have the right, with the prior consent of the

 

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Administrative Agent but without prior notice to or consent of the Borrower, any such notice and consent being expressly waived by the Borrower to the extent permitted by applicable laws upon the occurrence and during the continuance of an Event of Default, to set-off and apply against the Secured Obligations any amount owing from such Lender to the Borrower. The aforesaid right of set-off may be exercised by such Lender against the Borrower or against any trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, receiver or execution, judgment or attachment creditor of the Borrower or against anyone else claiming through or against the Borrower or such trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, receiver, or execution, judgment or attachment creditor, notwithstanding the fact that such right of set-off may not have been exercised by such Lender at any prior time. Each Lender agrees promptly to notify the Borrower after any such set-off and application made by such Lender; provided that the failure to give such notice shall not affect the validity of such set-off and application.

SECTION 8.07. No Third Party Rights. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein.

SECTION 8.08. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law or any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.

SECTION 8.09. Jury Trial. EACH OF THE BORROWER, THE LEAD ARRANGER, THE SWING LINE LENDER, THE L/C ISSUER, THE LENDERS AND THE ADMINISTRATIVE AGENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

SECTION 8.10. Counterparts. This Agreement may be executed in any number of counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Transmission by facsimile or other electronic transmission of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

SECTION 8.11. Consent to Jurisdiction. The Borrower irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Agreement or any of the other Credit Documents may be brought against such party in any such courts. Final judgment against the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be

 

136


conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Section 8.11 shall affect the right of the Administrative Agent or any Lender to commence legal proceedings or otherwise sue the Borrower in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon the Borrower in any manner authorized by the laws of any such jurisdiction. The Borrower agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The Borrower irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to in the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Agreement or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Agreement or any other Credit Document to post security for the costs of the Borrower or to post a bond or to take similar action.

SECTION 8.12. Relationship of Parties. The relationship between the Borrower, on the one hand, and the Lenders and the Administrative Agent, on the other, is, and at all times shall remain, solely that of a borrower and lenders. Neither the Lenders nor the Administrative Agent shall under any circumstances be construed to be partners or joint venturers of the Borrower or any of its Affiliates; nor shall the Lenders nor the Administrative Agent under any circumstances be deemed to be in a relationship of confidence or trust or a fiduciary relationship with the Borrower or any of its Affiliates, or to owe any fiduciary duty to the Borrower or any of its Affiliates. The Lenders and the Administrative Agent do not undertake or assume any responsibility or duty to the Borrower or any of its Affiliates to select, review, inspect, supervise, pass judgment upon or otherwise inform the Borrower or any of its Affiliates of any matter in connection with its or their Property, any security held by the Administrative Agent or any Lender or the operations of the Borrower or any of its Affiliates. The Borrower and each of their Affiliates shall rely entirely on their own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by any Lender or the Administrative Agent in connection with such matters is solely for the protection of the Lenders and the Administrative Agent and neither the Borrower nor any of its Affiliates is entitled to rely thereon.

SECTION 8.13. Time. Time is of the essence as to each term or provision of this Agreement and each of the other Credit Documents.

SECTION 8.14. Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect damages relating to any such matters under any theory of liability.

SECTION 8.15. Participations. All participations in the Secured Obligations or any portion thereof, whether pursuant to provisions hereof or otherwise, are intended to be “true

 

137


sales” for purposes of financial reporting in accordance with Statement of Financial Accounting Standards No. 140. Accordingly, the L/C Issuer, the Swing Line Lender and any Lender that sells or is deemed to have sold a participation in the Secured Obligations (including any participations in Letters of Credit, Swing Line Loans and/or Loans (each, a “Participation Seller”) hereby agrees that if such Participation Seller receives any payment in respect of the Secured Obligations to which such participation relates through the exercise of setoff by such Participation Seller against the Borrower or any other obligor, then such Participation Seller agrees to promptly pay to the participating party in such participation such participant’s pro rata share of such setoff (after giving effect to any sharing with the Lenders under Section 2.10).

SECTION 8.16. Patriot Act. Each Lender hereby notifies the Borrower that pursuant to the requirements of the US Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the “Act”), it is required to obtain, verify and record information that identifies the Borrower and the other Loan Parties, which information includes the name and address of the Borrower and the other Loan Parties and other information that will allow such Lender to identify the Borrower and the other Loan Parties in accordance with the Act.

SECTION 8.17. Delivery of Lender Addenda. Each Initial Lender shall become a party to this Agreement on the Effective Date by delivering to the Administrative Agent a Lender Addendum duly executed by such Lender, the Borrower and the Administrative Agent.

SECTION 8.18. Lender Rate Contracts. It is understood and agreed that the rights and benefits under the Credit Documents of each Secured Party that is a party to a Lender Rate Contract but is not a Lender consist exclusively of such Secured Party’s right to share in payments and collections of the Collateral as more fully set forth herein. The Administrative Agent shall have no duty to determine the amount or the existence of any Lender Rate Contract Obligations. In connection with any such distribution of payments and collections or termination or release by the Administrative Agent of any Liens thereunder, the Administrative Agent shall be entitled to assume no amounts are due under any Lender Rate Contract unless such Secured Party has notified the Administrative Agent in writing of the amount of any such liability owed to it at least five Business Days prior to such distribution, termination or release. Additionally, the Administrative Agent may disregard any such notice from a counterparty to a Lender Rate Contract if (i) arrangements have been made for the Lender Rate Contract Obligations under such Lender Rate Contract to be secured by a secured credit facility refinancing the Facilities or (ii) the Borrower and the applicable Lender Rate Contract counterparty confirm to the Administrative Agent that other replacement collateral equivalent in nature and value has or will be provided for such Lender Rate Contract.

[The first signature page follows.]

 

138


IN WITNESS WHEREOF, the Borrower, CBII, the Administrative Agent, the L/C Issuer, the Swing Line Lender and the Lenders have caused this Agreement to be executed as of the day and year first above written.

 

BORROWER:

CHIQUITA BRANDS L.L.C.,

a Delaware limited liability company

By:  

/s/ Jeffrey M. Zalla

Name:  

Jeffrey M. Zalla

Title:  

Senior Vice President and Chief Financial Officer


CBII:

CHIQUITA BRANDS INTERNATIONAL, INC.,

a New Jersey corporation

By:

 

/s/ Jeffrey M. Zalla

Name:

 

Jeffrey M. Zalla

Title:

 

Senior Vice President and Chief Financial Officer


ADMINISTRATIVE AGENT,
L/C ISSUER, SWING LINE LENDER AND LENDERS:

 

COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as Administrative Agent, Lead Arranger, an L/C Issuer and Swing Line Lender
By:   /s/ Jeff Bliss
Name:   Jeff Bliss
Title:   Executive Director
By:   /s/ Brett Delfino
Name:   Brett Delfino
Title:   Executive Director


LENDERS: See each Lender Addendum attached hereto


EXHIBIT A

[FORM OF] NOTICE OF BORROWING

[Date]

Coöperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Facsimile: (201) 499-5326 or (201) 499-5327

1. Reference is made to that certain Credit Agreement, dated as of March 31, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

2. Pursuant to Section 2.01(c) of the Credit Agreement, the Borrower hereby irrevocably requests a [Revolving Loan][Term Loan] Borrowing (the “Borrowing”) upon the following terms:

(a) The principal amount of the requested Borrowing is to be $                    ; [$1,000,000 minimum and $500,000 multiples for Base Rate Loans/$3,000,000 minimum and $1,000,000 multiples for LIBOR Loans]

(b) The requested Borrowing is to consist of [a Base Rate Loan] [or] [a LIBOR Loan];

(c) If the requested Borrowing is to consist of a LIBOR Loan, (i) the initial Interest Period for such Loan will be [one] [two] [three] [or] [six] month[s]; [or if all Appropriate Lenders agree, [nine] or [12] months] and (ii) the maturity date of such Interest Period is [DATE]; and [If the requested Borrowing is to consist of a Base Rate Loan, this is not applicable.]

(d) The date of the requested Borrowing is to be                     ,             . [At least one Business Day advance notice for Base Rate Loans/three Business Days advance notice for LIBOR Loans, in each case by 11:00 a.m. on such first Business Day]

 

1


3. The Borrower hereby certifies to the Administrative Agent and the Lenders that, on the date of such Borrowing and after giving effect to the requested Borrowing:

(a) The representations and warranties of the Significant Parties set forth in Article IV of the Credit Agreement and in the other Credit Documents are true and correct in all material respects (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be true and correct in all respects) as if made on the date of such Borrowing (except for representations and warranties expressly made as of a specified date, which were true in all respects or all material respects, as applicable, as of such date);

(b) No Default has occurred and is continuing or will result from the herein requested Borrowing;

(c) If the requested Loan is (i) a Revolving Loan consisting of a LIBOR Loan, the number of Revolving Loan Borrowings, including the requested Revolving Loan Borrowing, consisting of LIBOR Loans shall not exceed 10 and (ii) a Term Loan consisting of a LIBOR Loan, the number of Term Loan Borrowings, including the requested Term Loan Borrowing, consisting of LIBOR Loans shall not exceed two; [If the requested Borrowing is to consist of a Base Rate Loan, this is not applicable.]

(d) No Material Adverse Change has occurred and is continuing;

(e) Subject to the qualifications set forth in Section 4.01(c) of the Credit Agreement, all of the Credit Documents are in full force and effect except any which by their terms were to have expired or have been superseded and any which have been voluntarily terminated; and

(f) The making of such Borrowing will not violate any provision of, or result in the breach of any contractual obligation under the Senior Notes (7 1/2%) Indenture, the Senior Notes (87/8%)  Indenture and the Convertible Notes Indenture.

4. The requested funds shall be made available to the following account[s] subject to any further disbursement directions from the Borrower:

[Bank]

ABA # [            ]

Account Name: [Chiquita Brands L.L.C.]

Account Number: [                    ]

 

2


IN WITNESS WHEREOF, the Borrower has executed this Notice of Borrowing on the date set forth above.

 

CHIQUITA BRANDS L.L.C.,
a Delaware limited liability company
By:  

 

Name:  

 

Title:  

 

 

3


EXHIBIT B

[FORM OF] NOTICE OF CONVERSION

[Date]

Coöperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Facsimile: (201) 499-5326 or (201) 499-5327

1. Reference is made to that certain Credit Agreement, dated as of March 31, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

2. Pursuant to Section 2.01(g) of the Credit Agreement, the Borrower hereby irrevocably requests to convert a [Revolving Loan] [Term Loan] Borrowing as follows:

(a) The [Revolving Loan] [Term Loan] Borrowing to be converted consists of [a Base Rate Loan] [or] [a LIBOR Loan] in the aggregate principal amount of $                     which was initially advanced to the Borrower on                     ,             ;

(b) The [Revolving] [Term] Loan described in Section 2(a) above is to be converted into [a Base Rate Loan] [or] [a LIBOR Loan];

(c) If such [Revolving] [Term] Loan is to be converted into a LIBOR Loan, (i) the initial Interest Period for such [Revolving] [Term] Loan commencing upon conversion will be [one] [two] [three] [or] [six] month[s] [or if all Appropriate Lenders agree, [nine] or [12] months] and (ii) the maturity date of such Interest Period is [DATE]; and [If the requested [Revolving] [Term] Loan is to consist of a Base Rate Loan, this is not applicable.]

(d) The date of the requested conversion is to be                     ,             . [Notice of the date of requested conversion needs to be provided by 11:00 a.m. at least three Business Days before such date].

 

1


IN WITNESS WHEREOF, the Borrower has executed this Notice of Conversion on the date set forth above.

 

CHIQUITA BRANDS L.L.C.,
a Delaware limited liability company
By:  

 

Name:  

 

Title:  

 

 

2


EXHIBIT C

[FORM OF] NOTICE OF INTEREST PERIOD SELECTION

[Date]

Coöperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Facsimile: (201) 499-5326 or (201) 499-5327

1. Reference is made to that certain Credit Agreement, dated as of March 31, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

2. Pursuant to Section 2.01(h)(ii) of the Credit Agreement, the Borrower hereby irrevocably selects a new Interest Period for a [Revolving Loan] [Term Loan] Borrowing (the “Borrowing”) as follows:

(a) The Borrowing for which a new Interest Period is to be selected consists of a LIBOR Loan in the aggregate principal amount of $                    ;

(b) The last day of the current Interest Period for such Borrowing is                     ,             ; [Notice needs to be provided by 11:00 a.m. at least three Business Days before end of current Interest Period] and

(c) The next Interest Period for such Borrowing commencing upon the last day of the current Interest Period is to be [one] [two] [three] [or] [six] month[s] [or if all Appropriate Lenders agree, [nine] or [12] months]; the maturity date of such Interest Period is [DATE].

 

1


IN WITNESS WHEREOF, the Borrower has executed this Notice of Interest Period Selection on the date set forth above.

 

CHIQUITA BRANDS L.L.C.,
a Delaware limited liability company
By:  

 

Name:  

 

Title:  

 

 

2


EXHIBIT D

[FORM OF] NOTICE OF SWING LINE BORROWING

[Date]

Coöperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Facsimile: (201) 499-5326 or (201) 499-5327

Telephone: [TO BE PROVIDED]

1. Reference is made to that certain Credit Agreement, dated as of March 31, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

2. Pursuant to Section 2.03(b) of the Credit Agreement, the Borrower hereby irrevocably requests a Swing Line Borrowing upon the following terms:

(a) The principal amount of the Swing Line Borrowing is to be $                     [$250,000 minimum and $50,000 incremental multiples]; and

(b) The date of the requested Swing Line Borrowing is to be                     ,             . [Deadline for delivery: telephonic notice - 9:00 a.m. on date of borrowing (written confirmation must be received promptly thereafter)]

3. The Borrower hereby certifies to the Administrative Agent and the Lenders that, on the date of such Swing Line Borrowing and after giving effect to the Swing Line Borrowing:

(a) The representations and warranties of the Significant Parties set forth in Article IV of the Credit Agreement and in the other Credit Documents are true and correct in all material respects (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be true and correct in all respects) as if made on the date of such Swing Line Borrowing (except for representations and warranties expressly

 

1


made as of a specified date, which were true in all respects or all material respects, as applicable, as of such date);

(b) No Default has occurred and is continuing or will result from the requested Swing Line Borrowing;

(c) No Material Adverse Change has occurred and is continuing;

(d) Subject to the qualifications set forth in Section 4.01(c) of the Credit Agreement, all of the Credit Documents are in full force and effect except any which by their terms were to have expired or have been superseded and any which have been voluntarily terminated; and

(e) The making of such Swing Line Borrowing will not violate any provision of, or result in the breach of any contractual obligation under the Senior Notes (7 1/2%) Indenture, the Senior Notes (8 7/8%) Indenture and the Convertible Notes Indenture.

4. The requested funds shall be made available to the following account[s] subject to any further disbursement directions from the Borrower:

[Bank]

ABA # [            ]

Account Name: [Chiquita Brands L.L.C.]

Account Number: [                    ]

IN WITNESS WHEREOF, the Borrower has executed this Notice of Swing Line Borrowing on the date set forth above.

 

CHIQUITA BRANDS L.L.C.,
a Delaware limited liability company
By:  

 

Name:  

 

Title:  

 

 

2


EXHIBIT E-1

[FORM OF] REVOLVING LOAN NOTE

 

$                   March     , 2008

FOR VALUE RECEIVED, the undersigned, CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”), promises to pay to the order of [            ] (the “Lender”) in lawful money of the United States of America and in immediately available funds, the principal amount of [                    ], or such lesser amount as may then constitute the aggregate outstanding principal balance of all Revolving Loans made by the Lender to the Borrower pursuant to the Credit Agreement (as defined below), at the times set forth in the Credit Agreement, but no later than the Termination Date for the Revolving Loan Facility. Payments shall be made to the Administrative Agent, on behalf of the Lender, at the address provided on Schedule IV of the Credit Agreement or as otherwise provided in the Credit Agreement. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

The Borrower further agrees to pay interest as provided in the Credit Agreement, in like money, on the unpaid principal amount owing hereunder from time to time outstanding from the date of disbursement on the dates and at the rates specified in Article II of the Credit Agreement.

The Borrower hereby authorizes the Lender to record on the schedule(s) annexed to this promissory note the date and amount of each Revolving Loan and of each payment or prepayment of principal made by the Borrower and agrees that all such notations shall be conclusive absent manifest error with respect to the matters noted; provided, however, that the failure of the Lender to make any such notation shall not affect the Borrower’s obligations hereunder.

This promissory note is one of the Revolving Loan Notes referred to in the Credit Agreement, dated as of March 31, 2008 (together with all modifications, renewals or replacements, the “Credit Agreement”), among Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as administrative agent (“Administrative Agent”), the Lenders party thereto, Chiquita Brands International, Inc., the Borrower, and the other Persons party thereto, and is subject to, and entitled to, all provisions and benefits thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. The Credit Agreement, among other things, provides for the making of Revolving Loans by the Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned.

At any time after the occurrence and during the continuance of any Event of Default (other than an Event of Default referred to in Section 6.01(f) or 6.01(g) of the Credit Agreement), the Administrative Agent may or shall, upon instructions from the Required Lenders, by written notice to the Borrower, among other things (a) terminate

 

REVOLVING LOAN NOTE


the Commitments and the obligations of the Lenders to make Loans, and/or (b) declare all or a portion of the outstanding Obligations payable by the Borrower to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. Upon the occurrence and during the continuance of any Event of Default described in Section 6.01(f) or 6.01(g) of the Credit Agreement, immediately and without notice, (a) the Commitments and the obligations of the Lenders to make Loans shall automatically terminate and (b) all outstanding Obligations payable by the Borrower hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, the Administrative Agent may exercise any other right, power or remedy available to it under any of the Credit Documents or otherwise by law, either by suit in equity or by action at law, or both.

This promissory note is secured by the Collateral upon the terms and subject to the conditions of the Security Agreements and other Security Documents executed and delivered pursuant to the Credit Agreement.

The transfer, sale or assignment of any rights under or interest in this promissory note is subject to certain restrictions contained in the Credit Agreement, including Section 8.05 thereof.

The Borrower shall pay all fees and expenses, including attorneys’ fees, incurred by the Lender in the enforcement or attempt to enforce any of the Borrower’s Obligations hereunder not performed when due. The Borrower hereby waives presentment, demand, protest and notice of any kind. No failure to exercise, and no delay in exercising any rights hereunder on the part of the holder hereof shall operate as a waiver of such rights.

THIS PROMISSORY NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

The Borrower irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Note or any of the other Credit Documents may be brought against it in any such courts. Final judgment against the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Note shall affect the right of the Administrative Agent or any Lender to commence legal proceedings or otherwise sue the Borrower in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other

 

REVOLVING LOAN NOTE


papers upon the Borrower in any manner authorized by the laws of any such jurisdiction. The Borrower agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The Borrower irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Note or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Note or any other Credit Document to post security for the costs of the Borrower or to post a bond or to take similar action.

 

CHIQUITA BRANDS L.L.C.
By:  

 

Name:  

 

Title:  

 

 

REVOLVING LOAN NOTE


LOANS AND PAYMENTS OF PRINCIPAL

 

Date

   Type of
Loan
     Amount of
Loan
     Interest
Period
(If LIBOR
Loan)
     Amount of
Principal

Paid  or
Prepaid
     Unpaid
Principal
Balance
     Notation
Made By
 
                 
                 
                 
                 

 

4


EXHIBIT E-2

[FORM OF] TERM LOAN NOTE

 

$                   March     , 2008

FOR VALUE RECEIVED, the undersigned, CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”), promises to pay to the order of [            ] (the “Lender”) in lawful money of the United States of America and in immediately available funds, the principal amount of [                    ], or such lesser amount as may then constitute the aggregate outstanding principal balance of all Term Loans made by the Lender to the Borrower pursuant to the Credit Agreement (as defined below), at the times set forth in the Credit Agreement, but no later than the Termination Date for the Term Loan Facility. Payments shall be made to the Administrative Agent, on behalf of the Lender, at the address provided on Schedule IV of the Credit Agreement or as otherwise provided in the Credit Agreement. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

The Borrower further agrees to pay interest as provided in the Credit Agreement, in like money, on the unpaid principal amount owing hereunder from time to time outstanding from the date of disbursement on the dates and at the rates specified in Article II of the Credit Agreement.

The Borrower hereby authorizes the Lender to record on the schedule(s) annexed to this promissory note the date and amount of each Term Loan and of each payment or prepayment of principal made by the Borrower and agrees that all such notations shall be conclusive absent manifest error with respect to the matters noted; provided, however, that the failure of the Lender to make any such notation shall not affect the Borrower’s obligations hereunder.

This promissory note is one of the Term Loan Notes referred to in the Credit Agreement, dated as of March 31, 2008 (together with all modifications, renewals or replacements, the “Credit Agreement”), among Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as administrative agent (“Administrative Agent”), the Lenders party thereto, Chiquita Brands International, Inc., the Borrower, and the other Persons party thereto, and is subject to, and entitled to, all provisions and benefits thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. The Credit Agreement, among other things, provides for the making of Term Loans by the Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned.

At any time after the occurrence and during the continuance of any Event of Default (other than an Event of Default referred to in Section 6.01(f) or 6.01(g) of the Credit Agreement), the Administrative Agent may or shall, upon instructions from the Required Lenders, by written notice to the Borrower, among other things (a) terminate

 

1


the Commitments and the obligations of the Lenders to make Loans, and/or (b) declare all or a portion of the outstanding Obligations payable by the Borrower to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. Upon the occurrence and during the continuance of any Event of Default described in Section 6.01(f) or 6.01(g) of the Credit Agreement, immediately and without notice, (a) the Commitments and the obligations of the Lenders to make Loans shall automatically terminate and (b) all outstanding Obligations payable by the Borrower hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, the Administrative Agent may exercise any other right, power or remedy available to it under any of the Credit Documents or otherwise by law, either by suit in equity or by action at law, or both.

This promissory note is secured by the Collateral upon the terms and subject to the conditions of the Security Agreements and other Security Documents executed and delivered pursuant to the Credit Agreement.

The transfer, sale or assignment of any rights under or interest in this promissory note is subject to certain restrictions contained in the Credit Agreement, including Section 8.05 thereof.

The Borrower shall pay all fees and expenses, including attorneys’ fees, incurred by the Lender in the enforcement or attempt to enforce any of the Borrower’s Obligations hereunder not performed when due. The Borrower hereby waives presentment, demand, protest and notice of any kind. No failure to exercise, and no delay in exercising any rights hereunder on the part of the holder hereof shall operate as a waiver of such rights.

THIS PROMISSORY NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

The Borrower irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Note or any of the other Credit Documents may be brought against it in any such courts. Final judgment against the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Note shall affect the right of the Administrative Agent or any Lender to commence legal proceedings or otherwise sue the Borrower in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other

 

2


papers upon the Borrower in any manner authorized by the laws of any such jurisdiction. The Borrower agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The Borrower irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Note or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Note or any other Credit Document to post security for the costs of the Borrower or to post a bond or to take similar action.

 

3


CHIQUITA BRANDS L.L.C.
By:  

 

Name:  

 

Title:  

 

 

TERM LOAN NOTE


LOANS AND PAYMENTS OF PRINCIPAL

 

Date

   Type of
Loan
     Amount of
Loan
     Interest
Period
(If LIBOR
Loan)
     Amount of
Principal

Paid  or
Prepaid
     Unpaid
Principal
Balance
     Notation
Made By
 
                 
                 
                 
                 

 

5


EXHIBIT F

[FORM OF] SWING LINE NOTE

 

$10,000,000.00   March     , 2008

FOR VALUE RECEIVED, the undersigned, CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”), promises to pay to the order of COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (the “Swing Line Lender”) in lawful money of the United States of America and in immediately available funds, the principal amount of Ten Million Dollars, or such lesser amount as may then constitute the aggregate outstanding principal balance of all Swing Line Loans made by the Swing Line Lender to the Borrower pursuant to the Credit Agreement (as defined below), at the times set forth in the Credit Agreement, but no later than the Termination Date for the Revolving Loan Facility. Payments shall be made to the Administrative Agent, on behalf of the Swing Line Lender, at the address provided on Schedule IV of the Credit Agreement or as otherwise provided in the Credit Agreement. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

The Borrower further agrees to pay interest as provided in the Credit Agreement, in like money, on the unpaid principal amount owing hereunder from time to time outstanding from the date of disbursement on the dates and at the rates specified in Article II of the Credit Agreement.

The Borrower hereby authorizes the Swing Line Lender to record on the schedule(s) annexed to this promissory note the date and amount of each Swing Line Loan and of each payment or prepayment of principal made by the Borrower and agrees that all such notations shall be conclusive absent manifest error with respect to the matters noted; provided, however, that the failure of the Swing Line Lender to make any such notation shall not affect the Borrower’s obligations hereunder.

This promissory note is one of the Swing Line Notes referred to in the Credit Agreement, dated as of March 31, 2008 (together with all modifications, renewals or replacements, the “Credit Agreement”), among Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as administrative agent (“Administrative Agent”), the Lenders party thereto, Chiquita Brands International, Inc., the Borrower, and the other Persons party thereto, and is subject to, and entitled to, all provisions and benefits thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. The Credit Agreement, among other things, provides for the making of Swing Line Loans by the Swing Line Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned.

At any time after the occurrence and during the continuance of any Event of Default (other than an Event of Default referred to in Section 6.01(f) or 6.01(g) of the

 

1


Credit Agreement), the Administrative Agent may or, upon instructions from the Required Lenders, shall by written notice to the Borrower, among other things (a) terminate the Commitments and the obligations of the Lenders to make Loans, and/or (b) declare all or a portion of the outstanding Obligations payable by the Borrower to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. Upon the occurrence and during the continuance of any Event of Default described in Section 6.01(f) or 6.01(g) of the Credit Agreement, immediately and without notice, (a) the Commitments and the obligations of the Lenders to make Loans shall automatically terminate and (b) all outstanding Obligations payable by the Borrower hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in any other Credit Document to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, the Administrative Agent may exercise any other right, power or remedy available to it under any of the Credit Documents or otherwise by law, either by suit in equity or by action at law, or both.

This promissory note is secured by the Collateral upon the terms and subject to the conditions of the Security Agreements and other Security Documents executed and delivered pursuant to the Credit Agreement.

The transfer, sale or assignment of any rights under or interest in this promissory note is subject to certain restrictions contained in the Credit Agreement, including Section 8.05 thereof.

The Borrower shall pay all fees and expenses, including attorneys’ fees, incurred by the Swing Line Lender in the enforcement or attempt to enforce any of the Borrower’s Obligations hereunder not performed when due. The Borrower hereby waives presentment, demand, protest and notice of any kind. No failure to exercise, and no delay in exercising any rights hereunder on the part of the holder hereof shall operate as a waiver of such rights.

THIS PROMISSORY NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

The Borrower irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Note or any of the other Credit Documents may be brought against it in any such courts. Final judgment against the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Note shall affect

 

2


the right of the Administrative Agent or any Lender to commence legal proceedings or otherwise sue the Borrower in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon the Borrower in any manner authorized by the laws of any such jurisdiction. The Borrower agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The Borrower irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Note or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Note or any other Credit Document to post security for the costs of the Borrower or to post a bond or to take similar action.

 

CHIQUITA BRANDS L.L.C.
By:  

 

Name:  

 

Title:  

 

 

[FORM OF] SWING LINE NOTE    

3


LOANS AND PAYMENTS OF PRINCIPAL

 

Date

   Amount of
Loan
    

Amount of Principal

Paid or Prepaid

   Unpaid Principal
Balance
     Notation
Made By
 
           
           
           
           

 

4


EXHIBIT G-1

[FORM OF] COMPLIANCE CERTIFICATE

[Date]

Coöperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Facsimile: (201) 499-5326 or (201) 499-5327

Reference is made to that certain Credit Agreement, dated as of March 31, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Terms defined in the Credit Agreement and not otherwise defined herein shall have the meanings defined for them in the Credit Agreement.

This Compliance Certificate is delivered in accordance with Section 5.01(a)(iii) of the Credit Agreement by the [Chief Accounting Officer] [or] [Treasurer] of the Borrower on behalf of the Borrower in [his/her] capacity as an officer of the Borrower, and with no personal liability. This Compliance Certificate is delivered for the fiscal [quarter/year] ended                     ,              (the “Determination Date”). In the event of any conflict between the calculations set forth in this Compliance Certificate and the manner of calculation required by the Credit Agreement, the terms of the Credit Agreement shall govern and control. Representations, warranties, and/or calculations and the information contained herein indicating compliance with respect to the representations and warranties in Section 4.01(h), [Sections 4.01(n), 4.01(q), 4.01(s) 4.01(w), 4.01(z), 4.01(aa)] [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] and the covenants in [Sections 5.01(a)(vi), 5.01(a)(vii), 5.01(a)(xvi), 5.01(a)(xvii), 5.01(k)] [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE], Section 5.02, and Sections 5.03(a), (b) and (c) of the Credit Agreement are set forth below as follows:

Section 4.01(h) of the Credit Agreement—Contingent Obligations. As of the Determination Date, no Loan Party has any Contingent Obligations, liability for taxes or


other outstanding obligations which, in any such case, could reasonably be expected to have a Material Adverse Effect.

[Sections 4.01(n)/5.01(a)(vi) of the Credit Agreement—Trademarks. As of the Determination Date, Schedule 4.01(n) attached hereto, sets forth a true and complete listing of all necessary Trademarks information relating to the Trademarks that are material to the conduct of the Significant Parties’ respective businesses as then operated [as well as any additional disclosures under Section 4.01(n) of the Credit Agreement after Due Inquiry], and Schedule 3.06 to each Security Agreement (as applicable) sets forth a true and complete list of all US IP Collateral and all other material Intellectual Property (as defined in such Security Agreement) of the Loan Parties party to such Security Agreement. [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] ]

[Sections 4.01(q)/5.01(a)(vii) of the Credit Agreement—Subsidiaries. As of the Determination Date, Schedule 4.01(q) attached hereto, sets forth a true and complete listing of each of the US Subsidiaries, the Significant Subsidiaries and the De Minimis US Subsidiaries, its jurisdiction of organization, the classes of its Equity Securities, the number of shares of each such class issued and outstanding, the percentages of shares of each such class owned directly or indirectly by CBII or the Borrower and whether CBII or the Borrower owns such shares directly or, if not, the CBII Entities that own such shares and the number of shares and percentages of shares of each such class owned directly or indirectly by such CBII Entities and such further information required under Section 4.01(q).] [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] ]

[Sections 4.01(s)/5.01(a)(xvii) of the Credit Agreement—Labor Matters. Please find below an update as to factual matters related to Section 4.01(s), as follows:

 

 

 

 

 

[ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] ]

[Sections 4.01(w)/5.01(a)(xvi) of the Credit Agreement—Insurance. As of the Determination Date, Schedule 4.01(w) attached hereto sets forth a true and complete listing of all insurance maintained by the Significant Parties] [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] ]

[Sections 4.01(z)/5.01(k)of the Credit Agreement—Owned Properties. As of the Determination Date, Schedule 4.01(z) attached hereto under the heading “Mortgaged Properties” thereon, sets forth a true and complete listing of each parcel of real property located in the US owned by any US Subsidiary which has a grossed-up book value or fair market value (as determined in good faith by the Borrower) in excess of $5,000,000, in each case showing the street address, county or


other relevant jurisdiction, state, record owner and grossed-up book value and estimated fair market value thereof, and all owned real property located in the US disposed of by any US Subsidiary during such fiscal year and a description of such other changes in the information included in such Schedule as may be necessary for such Schedule to be accurate and complete.] [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] ]

[Sections 4.01(aa)/5.01(k) of the Credit Agreement—Leased Properties. As of the Determination Date, Schedule 4.01(aa) attached hereto sets forth a true and complete listing of all leased real property located in the US, the lease payments with respect to which exceeded $[                    ] during such fiscal year, that has been disposed of by any US Subsidiary during such fiscal year, a list and description (including the street address, county or other relevant jurisdiction, state, record owner, book value thereof and, in the case of leases of property, lessor, lessee, expiration date and annual rental cost thereof) of all real property located in the US leased by a US Subsidiary during such fiscal year, the lease payments with respect to which exceeded $[                    ] during such fiscal year, and a description of such other changes in the information included in such Schedule as may be necessary for such Schedule to be accurate and complete. [ONLY APPLICABLE FOR FISCAL YEAR COMPLIANCE CERTIFICATE] ]

Section 5.02 of the Credit Agreement—Negative Covenants. As of the Determination Date and since the delivery of the most recent Compliance Certificate, the Borrower and all Significant Parties have complied and are currently in compliance with all requirements applicable to them set forth in Section 5.02 of the Credit Agreement.

Section 5.03(a) of the Credit Agreement—Borrower Leverage Ratio. As of the Determination Date, the Borrower Leverage Ratio was              to 1.00. The maximum permitted Borrower Leverage Ratio is 3.50 to 1.00. The Borrower Leverage Ratio was calculated as follows:

 

(a) Borrower Funded Debt as of the Determination Date1:   

(i) all indebtedness for borrowed money (including that evidenced by senior or subordinated debts or notes);

     $               

(ii) the unpaid principal balance of Capital Lease obligations as presented on a balance sheet in accordance with GAAP;

     $               

(iii) the undrawn balance of issued and outstanding letters of credit and the aggregate amount of unreimbursed drawings under letters of credit;

     $               

 

1

The term “Funded Debt” excludes all bonds in respect of workers’ compensation, provided no Default exists or is continuing.


(iv) the aggregate amount of Synthetic Lease Principal Components or similar arrangements;

   $              

(v) the principal portion of obligations (A) in respect of the deferred purchase price of property or services (other than trade accounts payable) or (B) under conditional sale or other title retention agreements relating to property purchased by such Person (other than customary reservations or retentions of title under agreements with suppliers, and in either case entered into in the ordinary course of business and not exceeding 90 days (180 days for up to $12,000,000 in the aggregate outstanding at any one time for seasonal arrangements));

   $                

(vi) preferred stock or other Equity Securities providing for mandatory redemptions, sinking fund or like payments prior to the Termination Date;

   $                

(vii) Funded Debt of any partnership or joint venture (other than a partnership or joint venture that is itself a corporation, limited liability company, or such other entity providing equivalent protection from pass through liability, or such Funded Debt is expressly made non-recourse to such Person);

   $                

(viii) obligations owing in connection with any on or off balance sheet financing of receivables (whether or not reflected on a balance sheet of such Person and its Subsidiaries prepared in accordance with GAAP) involving any CBII Entity;

   $                

(ix) Guarantees by the specified Person or its Subsidiaries of the kind of Indebtedness described in items (i) through (viii) above, other than reimbursement obligations with respect to Guarantees provided by financial institutions to guarantee the payment of Governmental Charges or other regulatory obligations in the normal course of business; and

   $                

(x) all Funded Debt of others secured by a Lien on any asset of the specified Person (whether or not such Funded Debt is assumed by the specified Person) (the amount of such Funded Debt as of any date being deemed to be the lesser of the value of such property or assets as of such date or the principal amount of such Funded Debt of such other Person) and, to the extent not otherwise included, the Guarantee by such Person of any Funded Debt of any other Person.

   $                


(a) Total Borrower Funded Debt equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)+(x)]

     $               

divided by

 

(b) Borrower EBITDA2 for the four fiscal quarter period ending on the Determination Date (“Period of Determination”):

  

(i) Net Income for the Period of Determination determined on a consolidated basis in accordance with GAAP;

     $               

(ii) Interest Expense, net of interest income, for such period;

     $               

(iii) income tax expense for such period;

     $               

(iv) depreciation and amortization expense for such period;

     $               

(v) extraordinary items of non-cash loss for such period;

     $               

(vi) non-cash writedowns, including any non-cash asset impairment charges under SFAS No. 142 or SFAS No. 144;

     $               

(vii) for any period subsequent to September 30, 2006, but prior to September 30, 2007, costs incurred related to restoring consumer confidence in spinach and packaged salad products in an aggregate amount of $6,000,000;

     $               

(viii) non-cash stock based compensation expense;

     $               

(ix) pro forma credit for any acquired Person’s EBITDA or the identifiable EBITDA of identifiable business units or operations acquired during such period calculated in a similar fashion (so long as such acquisition was permitted by the Credit Agreement) as if

     $               

 

2

When calculating EBITDA for purposes of determining compliance with the terms and covenants of this Agreement, EBITDA shall be calculated without giving effect to (i) the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (87/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom, (ii) any costs or expenses incurred by any of the CBII Entities in connection with the consent solicitation for the Senior Notes (7 1/2%), (iii) any after-tax income or loss from discontinued operations to the extent established on or before the Effective Date in accordance with GAAP and (iv) any costs and expenses incurred by any of the Borrower Entities in connection with any Permitted Acquisition, in an aggregate amount for all Permitted Acquisitions not to exceed $10,000,000.


owned on the first day of the Period of Determination;   

(x) minus, without duplication, and to the extent added in determining such Net Income for such period, the aggregate amount of extraordinary items of income;

     $               

(xi) minus, pro forma EBITDA amounts attributable to any Person or identifiable business units or operations sold, transferred or otherwise disposed of during such period as if not owned during the entire applicable period; and

     $               

(xii) minus, CBII Overhead Expenses.

     $               

(b) Borrower EBITDA equals
[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)-(x)-(xi)-(xii)]

     $               

Borrower Leverage Ratio equals

[(a)÷(b)]

                 :1.00   

Applicable Margins. Based on the calculation of the Consolidated Adjusted Leverage Ratio set forth below, the undersigned [Chief Accounting Officer] [or] [Treasurer] of the Borrower, on behalf of the Borrower and with no personal liability, certifies that [Tier 1] [Tier 2] [Tier 3] [or] [Tier 4] of the Term Loan Pricing Grid and Revolving Loan Pricing Grid (for determination of the Applicable Margin and the Letter of Credit Fee Percentage) shall become effective as of the fifth Business Day following the date this Compliance Certificate is required to be delivered pursuant to Section 5.01(a)(iii) of the Credit Agreement. The Consolidated Adjusted Leverage Ratio was calculated as follows:

 

(a) Consolidated Funded Debt as of the Determination Date3:

 

(i) all indebtedness for borrowed money (including that evidenced by senior or subordinated debts or notes);

    $               

(ii) the unpaid principal balance of Capital Lease obligations as presented on a balance sheet in accordance with GAAP;

    $               

(iii) the undrawn balance of issued and outstanding letters of credit and the aggregate amount of unreimbursed drawings under letters of credit;

    $               

 

3

The term “Funded Debt” excludes all bonds in respect of workers’ compensation, provided no Default exists or is continuing.


(iv) the aggregate amount of Synthetic Lease Principal Components or similar arrangements;

     $               

(v) the principal portion of obligations (A) in respect of the deferred purchase price of property or services (other than trade accounts payable) or (B) under conditional sale or other title retention agreements relating to property purchased by such Person (other than customary reservations or retentions of title under agreements with suppliers, and in either case entered into in the ordinary course of business and not exceeding 90 days (180 days for up to $12,000,000 in the aggregate outstanding at any one time for seasonal arrangements));

     $               

(vi) preferred stock or other Equity Securities providing for mandatory redemptions, sinking fund or like payments prior to the Termination Date;

     $               

(vii) Funded Debt of any partnership or joint venture (other than a partnership or joint venture that is itself a corporation, limited liability company, or such other entity providing equivalent protection from pass through liability, or such Funded Debt is expressly made non-recourse to such Person);

     $               

(viii) obligations owing in connection with any on or off balance sheet financing of receivables (whether or not reflected on a balance sheet of such Person and its Subsidiaries prepared in accordance with GAAP) involving any CBII Entity;

     $               

(ix) Guarantees by the specified Person or its Subsidiaries of the kind of Indebtedness described in items (i) through (viii) above, other than reimbursement obligations with respect to Guarantees provided by financial institutions to Guarantee the payment of Governmental Charges or other regulatory obligations in the normal course of business;

     $               

(x) all Funded Debt of others secured by a Lien on any asset of the specified Person (whether or not such Funded Debt is assumed by the specified Person) (the amount of such Funded Debt as of any date being deemed to be the lesser of the value of such property or assets as of such date or the principal amount of such Funded Debt of such other Person) and, to the extent not otherwise included, the Guarantee by such Person of any Funded Debt of any other Person; and

     $               


(xi) minus the outstanding principal amount of the Indebtedness incurred under the Convertible Notes Indenture.

   $              

(a) Total Consolidated Funded Debt equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)+(x)-(xi)]

   $                

divided by

 

(b) Consolidated EBITDA4 for the four fiscal quarter period ending on the Determination Date (“Period of Determination”):

  

(i) Net Income for the Period of Determination determined on a consolidated basis in accordance with GAAP;

   $                

(ii) Interest Expense, net of interest income, for such period;

   $                

(iii) income tax expense for such period;

   $                

(iv) depreciation and amortization expense for such period;

   $                

(v) extraordinary items of non-cash loss for such period;

   $                

(vi) non-cash writedowns, including any non-cash asset impairment charges under SFAS No. 142 or SFAS No. 144;

   $                

(vii) for any period subsequent to September 30, 2006, but prior to September 30, 2007, costs incurred related to restoring consumer confidence in spinach and packaged salad products in an aggregate amount of $6,000,000;

   $                

(viii) non-cash stock based compensation expense;

  

$

            

 

(ix) pro forma credit for any acquired Person’s

   $                

 

4

When calculating EBITDA for purposes of determining compliance with the terms and covenants of this Agreement, EBITDA shall be calculated without giving effect to (i) the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (87/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom, (ii) any costs or expenses incurred by any of the CBII Entities in connection with the consent solicitation for the Senior Notes (7 1/2%), (iii) any after-tax income or loss from discontinued operations to the extent established on or before the Effective Date in accordance with GAAP and (iv) any costs and expenses incurred by any of the Borrower Entities in connection with any Permitted Acquisition, in an aggregate amount for all Permitted Acquisitions not to exceed $10,000,000.


EBITDA or the identifiable EBITDA of identifiable business units or operations acquired during such period
calculated in a similar fashion (so long as such acquisition was permitted by the Credit Agreement) as if owned on the
first day of the Period of Determination;
      

(x) minus, without duplication, and to the extent added in determining such Net Income for such period, the aggregate amount of extraordinary items of income; and

     $               

(xi) minus, pro forma EBITDA amounts attributable to any Person or identifiable business units or operations sold, transferred or otherwise disposed of during such period as if not owned during the entire applicable period.

     $               

(b) Consolidated EBITDA equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)-(x)-(xi)]

     $               

Consolidated Leverage Ratio in respect of the CBII Entities equals

[(a)÷(b)]

              to 1.00   

Section 5.03(b)—Fixed Charge Coverage Ratio. As of the Determination Date, the Fixed Charge Coverage Ratio was              to 1.00. The minimum permitted Fixed Charge Coverage Ratio is 1.15 to 1.00. The Fixed Charge Coverage Ratio was calculated as follows:

 

(a)   

(i) Borrower EBITDA for the Period of Determination (as calculated above in respect of Section 5.03(a) of the Credit Agreement and the Borrower Leverage Ratio); and

     $               

(ii) net lease and rent expense for such period.

     $               

(a) equals

[Sum, without duplication, of, (i)+(ii)]

     $               
divided by   
(b) Fixed Charges for the Period of Determination:   

(i) cash Interest Expense, net of interest income, for the Period of Determination (excluding the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred

     $              


to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (8 7/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom)1;   

(ii) net lease and rent expense for such period; and

     $               

(iii) Distributions and dividends, or cash advances or any other funds, however characterized, paid by any Borrower Entity to CBII pursuant to Section 5.02(f)(ii), excluding any such payments made to CBII for the purpose of discharging the DOJ Liability in an aggregate amount not to exceed $5,000,000 plus interest thereon in any fiscal year.

     $               
(b) Fixed Charges equals [Sum, without duplication, of (i)+(ii)+(iii)]      $               

Fixed Charge Coverage Ratio equals

[(a)÷(b)]

                  to 1.00   

Section 5.03(c) – Maximum Capital Expenditures. For the [most recently ended fiscal year FOR ANNUAL COMPLIANCE CERTIFICATE] [or] [fiscal year to date FOR QUARTERLY COMPLIANCE CERTIFICATE], the aggregate amount of Capital Expenditures (excluding any Permitted Acquisition which is treated as a Capital Expenditure under GAAP and any reinvestment of insurance Net Cash Proceeds and Temporary Cash Investments) made by the Borrower Entities was $            . The maximum permitted Capital Expenditures (excluding any Permitted Acquisition which is treated as a Capital Expenditure under GAAP and any reinvestment of insurance Net Cash Proceeds and Temporary Cash Investments) by the Borrower Entities for a fiscal year is $150,000,000 plus any Capex Carryover from the immediately preceding fiscal year.

Section 3.05 of the Security Agreement – Pledged Intercompany Notes. In accordance with Section 3.05 of the Security Agreement, the Borrower has not obtained any additional Pledged Intercompany Notes since the Effective Date (except as disclosed on a prior Compliance Certificate) except as follows:

 

 

 

 

 

 

 

 

5

Pro forma effect shall be given, in respect of the acquisition of a Person or identifiable business units or operations permitted by this Agreement, to any Indebtedness incurred to finance such acquisition as if owed on the first day of the applicable period during which such acquisition was made.


No Default has occurred and is continuing and the Borrower is in compliance as of the Determination Date with all Financial Covenants as set forth above, with the exceptions set forth below in response to which the Borrower has taken (or caused to be taken) or proposes to take (or to cause to be taken) the following actions [if none, so state]:

 

 

 

 

 

 

The undersigned [Chief Accounting Officer] [or] [Treasurer] of the Borrower, on behalf of the Borrower and with no personal liability, certifies that the representations, warranties, calculations made and the information contained herein relating to Sections 5.01 and 5.03 of the Credit Agreement are derived from the books and records of the CBII Entities and that each and every such matter correctly reflects those books and records.

This Compliance Certificate is dated as of the date first above written and is made with no personal liability.

 

Sincerely,
CHIQUITA BRANDS L.L.C.
By:  
 

 

Name:

  Title:


EXHIBIT G-2

[FORM OF] COMPLIANCE CERTIFICATE

[Date]

Coöperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Facsimile: (201) 499-5326 or (201) 499-5327

Reference is made to that certain Credit Agreement, dated as of March 31, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Terms defined in the Credit Agreement and not otherwise defined herein shall have the meanings defined for them in the Credit Agreement.

This Compliance Certificate is delivered in accordance with Section 5.02(d)(i) of the Credit Agreement by the [Chief Accounting Officer] [or] [Treasurer] of the Borrower on behalf of the Borrower in [his/her] capacity as an officer of the Borrower, and with no personal liability. This Compliance Certificate is being delivered within 30 days after the date of a Permitted Acquisition (the “Certification Date”) of a Significant Party in accordance with Section 5.02(d)(i) of the Credit Agreement to set forth the calculation of Pro Forma Compliance with the Financial Covenants as of the most recently completed fiscal quarter ended             ,          (which it is agreed may be calculated using unaudited Financial Statements). In the event of any conflict between the calculations set forth in this Compliance Certificate and the manner of calculation required by the Credit Agreement, the terms of the Credit Agreement shall govern and control. Representations, warranties, and/or calculations and the information contained herein indicating Pro Forma Compliance with the Financial Covenants after giving effect to the Permitted Acquisition are set forth below as follows:

Section 5.03(a) of the Credit Agreement—Borrower Leverage Ratio. At the end of the four-quarter period ending on the day that is the close of the most recent fiscal quarter ending prior to the Certification Date (after giving effect to the Permitted Acquisition and any Funded Debt and use of proceeds from the Funded Debt to be


incurred for such Permitted Acquisition as if such Funded Debt were outstanding on the last day of the most recent fiscal quarter), the Borrower Leverage Ratio was             to 1.00. The maximum permitted Borrower Leverage Ratio is 3.50 to 1.00. The Borrower Leverage Ratio was calculated as follows:

 

(a) Borrower Funded Debt as of the most recent fiscal quarter ending prior to the Certification Date after giving effect to
the Permitted Acquisition and any Funded Debt and use of proceeds from the Funded Debt to be incurred for such
Permitted Acquisition
1:
      

(i) all indebtedness for borrowed money (including that evidenced by senior or subordinated debts or notes);

   $                

(ii) the unpaid principal balance of Capital Lease obligations as presented on a balance sheet in accordance with GAAP;

   $                

(iii) the undrawn balance of issued and outstanding letters of credit and the aggregate amount of unreimbursed drawings under letters of credit;

   $                

(iv) the aggregate amount of Synthetic Lease Principal Components or similar arrangements;

   $                

(v) the principal portion of obligations (A) in respect of the deferred purchase price of property or services (other than trade accounts payable) or (B) under conditional sale or other title retention agreements relating to property purchased by such Person (other than customary reservations or retentions of title under agreements with suppliers, and in either case entered into in the ordinary course of business and not exceeding 90 days (180 days for up to $12,000,000 in the aggregate outstanding at any one time for seasonal arrangements));

   $                

(vi) preferred stock or other Equity Securities providing for mandatory redemptions, sinking fund or like payments prior to the Termination Date;

   $                

(vii) Funded Debt of any partnership or joint venture (other than a partnership or joint venture that is itself a corporation, limited liability company, or such other entity providing equivalent protection from pass through liability, or such Funded Debt is expressly made

   $                

 

1

The term “Funded Debt” excludes all bonds in respect of workers’ compensation, provided no Default exists or is continuing.


non-recourse to such Person);     

(viii) obligations owing in connection with any on or off balance sheet financing of receivables (whether or not reflected on a balance sheet of such Person and its Subsidiaries prepared in accordance with GAAP) involving any CBII Entity;

   $            

(ix) Guarantees by the specified Person or its Subsidiaries of the kind of Indebtedness described in items (i) through (viii) above, other than reimbursement obligations with respect to Guarantees provided by financial institutions to guarantee the payment of Governmental Charges or other regulatory obligations in the normal course of business; and

   $            

(x) all Funded Debt of others secured by a Lien on any asset of the specified Person (whether or not such Funded Debt is assumed by the specified Person) (the amount of such Funded Debt as of any date being deemed to be the lesser of the value of such property or assets as of such date or the principal amount of such Funded Debt of such other Person) and, to the extent not otherwise included, the Guarantee by such Person of any Funded Debt of any other Person.

   $            

(a) Total Borrower Funded Debt equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)+(x)]

   $            

divided by

 

(b) Borrower EBITDA2 for the four fiscal quarter period ending on the day that is the close of the most recent fiscal quarter ending prior to the Certification Date (“Period of Determination”) after giving affect to any Permitted Acquisition and any Funded Debt and use of proceeds from the Funded Debt to be incurred for such Permitted Acquisition:

  

(i) Net Income for the Period of Determination

   $            

 

2

When calculating EBITDA for purposes of determining compliance with the terms and covenants of this Agreement, EBITDA shall be calculated without giving effect to (i) the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (87/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom, (ii) any costs or expenses incurred by any of the CBII Entities in connection with the consent solicitation for the Senior Notes (7 1/2%), (iii) any after-tax income or loss from discontinued operations to the extent established on or before the Effective Date in accordance with GAAP and (iv) any costs and expenses incurred by any of the Borrower Entities in connection with any Permitted Acquisition, in an aggregate amount for all Permitted Acquisitions not to exceed $10,000,000.


determined on a consolidated basis in accordance with GAAP;     

(ii) Interest Expense net of interest income for such period;

   $            

(iii) income tax expense for such period;

   $            

(iv) depreciation and amortization expense for such period;

   $            

(v) extraordinary items of non-cash loss for such period;

   $            

(vi) non-cash writedowns, including any non-cash asset impairment charges under SFAS No. 142 of SFAS No. 144;

   $            

(vii) for any period subsequent to September 30, 2006, but prior to September 30, 2007, costs incurred related to restoring consumer confidence in spinach and packaged salad products in an aggregate amount of $6,000,000;

   $            

(viii) non-cash stock based compensation expense;

   $            

(ix) pro forma credit for any acquired Person’s EBITDA or the identifiable EBITDA of identifiable business units or operations acquired during such period calculated in a similar fashion (so long as such acquisition was permitted by the Credit Agreement) as if owned on the first day of the Period of Determination;

   $            

(x) minus, without duplication, and to the extent added in determining such Net Income for such period, the aggregate amount of extraordinary items of income;

   $            

(xi) minus, pro forma EBITDA amounts attributable to any Person or identifiable business units or operations sold, transferred or otherwise disposed of during such period as if not owned during the entire applicable period; and

   $            

(xii) minus, CBII Overhead Expenses;

   $            

(b) Borrower EBITDA equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)-(x)-(xi)-(xii)]

   $                

Borrower Leverage Ratio equals

[(a)÷(b)]

               :1.00


Applicable Margins. Based on the calculation of the Consolidated Adjusted Leverage Ratio set forth below, the undersigned [Chief Accounting Officer] [or] [Treasurer] of the Borrower, on behalf of the Borrower and with no personal liability, certifies that [Tier 1] [Tier 2] [Tier 3] [or] [Tier 4] of the Term Loan Pricing Grid and Revolving Loan Pricing Grid (for determination of the Applicable Margin and the Letter of Credit Fee Percentage) shall become effective as of the fifth Business Day following the date this Compliance Certificate is required to be delivered pursuant to Section 5.02(d)(i) of the Credit Agreement. The Consolidated Adjusted Leverage Ratio was calculated as follows:

 

(a) Consolidated Funded Debt as of the Determination Date3:     

(i) all indebtedness for borrowed money (including that evidenced by senior or subordinated debts or notes);

   $            

(ii) the unpaid principal balance of Capital Lease obligations as presented on a balance sheet in accordance with GAAP;

   $            

(iii) the undrawn balance of issued and outstanding letters of credit and the aggregate amount of unreimbursed drawings under letters of credit;

   $            

(iv) the aggregate amount of Synthetic Lease Principal Components or similar arrangements;

   $            

(v) the principal portion of obligations (A) in respect of the deferred purchase price of property or services (other than trade accounts payable) or (B) under conditional sale or other title retention agreements relating to property purchased by such Person (other than customary reservations or retentions of title under agreements with suppliers, and in either case entered into in the ordinary course of business and not exceeding 90 days (180 days for up to $12,000,000 in the aggregate outstanding at any one time for seasonal arrangements));

   $            

(vi) preferred stock or other Equity Securities providing for mandatory redemptions, sinking fund or like payments prior to the Termination Date;

   $            

(vii) Funded Debt of any partnership or joint venture (other than a partnership or joint venture that is

   $            

 

3

The term “Funded Debt” excludes all bonds in respect of workers’ compensation, provided no Default exists or is continuing.


itself a corporation, limited liability company, or such other entity providing equivalent protection from pass through liability, or such Funded Debt is expressly made non-recourse to such Person);   

(viii) obligations owing in connection with any on or off balance sheet financing of receivables (whether or not reflected on a balance sheet of such Person and its Subsidiaries prepared in accordance with GAAP) involving any CBII Entity;

     $               

(ix) Guarantees by the specified Person or its Subsidiaries of the kind of Indebtedness described in items (i) through (viii) above, other than reimbursement obligations with respect to Guarantees provided by financial institutions to Guarantee the payment of Governmental Charges or other regulatory obligations in the normal course of business;

     $               

(x) all Funded Debt of others secured by a Lien on any asset of the specified Person (whether or not such Funded Debt is assumed by the specified Person) (the amount of such Funded Debt as of any date being deemed to be the lesser of the value of such property or assets as of such date or the principal amount of such Funded Debt of such other Person) and, to the extent not otherwise included, the Guarantee by such Person of any Funded Debt of any other Person; and

     $               

(xi) minus the outstanding principal amount of the Indebtedness incurred under the Convertible Notes Indenture.

     $               

(a) Total Consolidated Funded Debt equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)+(x)-(xi)]

     $               

divided by

 

(b) Consolidated EBITDA4 for the four fiscal quarter period ending on the Determination Date (“Period of Determination”):

  

 

4

When calculating EBITDA for purposes of determining compliance with the terms and covenants of this Agreement, EBITDA shall be calculated without giving effect to (i) the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (87/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom, (ii) any costs or expenses incurred by any of the CBII Entities in connection with the consent solicitation for the Senior Notes (7 1/2%), (iii) any after-tax income or loss from discontinued operations to the extent established on or before the Effective Date in accordance with GAAP and (iv) any costs and expenses incurred by any of the Borrower Entities in connection with any Permitted Acquisition, in an aggregate amount for all Permitted Acquisitions not to exceed $10,000,000.


(i) Net Income for the Period of Determination determined on a consolidated basis in accordance with GAAP;

     $               

(ii) Interest Expense, net of interest income, for such period;

     $               

(iii) income tax expense for such period;

     $               

(iv) depreciation and amortization expense for such period;

     $               

(v) extraordinary items of non-cash loss for such period;

     $               

(vi) non-cash writedowns, including any non-cash asset impairment charges under SFAS No. 142 or SFAS No. 144;

     $               

(vii) for any period subsequent to September 30, 2006, but prior to September 30, 2007, costs incurred related to restoring consumer confidence in spinach and packaged salad products in an aggregate amount of $6,000,000;

     $               

(viii) non-cash stock based compensation expense;

     $               

(ix) pro forma credit for any acquired Person’s EBITDA or the identifiable EBITDA of identifiable business units or operations acquired during such period calculated in a similar fashion (so long as such acquisition was permitted by the Credit Agreement) as if owned on the first day of the Period of Determination;

     $               

(x) minus, without duplication, and to the extent added in determining such Net Income for such period, the aggregate amount of extraordinary items of income;

     $               

(xi) minus, pro forma EBITDA amounts attributable to any Person or identifiable business units or operations sold, transferred or otherwise disposed of during such period as if not owned during the entire applicable period; and

     $               

(b) Consolidated EBITDA equals

[Sum, without duplication, of (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii)+(viii)+(ix)-(x)-(xi)]

     $               
Consolidated Leverage Ratio in respect of the CBII                   to 1.00   


Entities equals

[(a)¸(b)]

Section 5.03(b) of the Credit Agreement—Fixed Charge Coverage Ratio. As at the end of the four-quarter period ending on the day that is the close of the most recent fiscal quarter ending prior to the Certification Date (after giving effect to the Permitted Acquisition and any asset dispositions, acquisitions, and Distributions to occur as a result of the Permitted Acquisition as if such asset dispositions, acquisitions, and Distributions in accordance with Sections 5.02(c), (d), and (f), respectively, of the Credit Agreement occurred on the first day of the most recently completed four quarter period), the Fixed Charge Coverage Ratio was          to 1.00. The minimum permitted Fixed Charge Coverage Ratio is 1.15 to 1.00. The Fixed Charge Coverage Ratio was calculated as follows:

 

(a)   

(i) Borrower EBITDA for the Period of Determination (as calculated above in respect of Section 5.03(a) of the Credit Agreement and the Borrower Leverage Ratio); and

     $               

(ii) net lease and rent expense for such period.

     $               

(a) equals

[Sum, without duplication, of (i)+(ii)]

     $               
divided by   
(b) Fixed Charges for the Period of Determination.   

(i) cash Interest Expense, net of interest income, for the Period of Determination (excluding the amortization of any expenses incurred by any of the CBII Entities in connection with the Existing Credit Agreement (including the “Credit Documents” referred to therein), the Credit Documents referred to herein and the offering of the Senior Notes (7 1/2%), the Senior Notes (8 7/8%) and the Convertible Notes, and in each such case the application of the proceeds therefrom)5;

     $               

(ii) net lease and rent expense for such period; and

     $               

(iii) Distributions and dividends, or cash advances or any other funds, however characterized, paid by any Borrower Entity to CBII pursuant to Section

     $               

 

5

Pro forma effect shall be given, in respect of the acquisition of a Person or identifiable business units or operations permitted by this Agreement, to any Indebtedness incurred to finance such acquisition as if owed on the first day of the applicable period during which such acquisition was made.


5.02(f)(ii), excluding any such payments made to CBII for the purpose of discharging the DOJ Liability in an aggregate amount not to exceed $5,000,000 plus interest thereon in any fiscal year.   

(b) Fixed Charges equals

[Sum, without duplication, of (i)+(ii)+(iii)]

     $               

Fixed Charge Coverage Ratio equals

[(a)÷(b)]

                  to 1.00   

Section 5.03(c) – Maximum Capital Expenditures. For the fiscal year to date, the aggregate amount of Capital Expenditures (excluding any Permitted Acquisition which is treated as a Capital Expenditure under GAAP and any reinvestment of insurance Net Cash Proceeds and Temporary Cash Investments) made by the Borrower Entities was $            . The maximum permitted Capital Expenditures (excluding any Permitted Acquisition which is treated as a Capital Expenditure under GAAP and any reinvestment of insurance Net Cash Proceeds and Temporary Cash Investments) by the Borrower Entities for a fiscal year is $150,000,000 plus any Capex Carryover from the immediately preceding fiscal year.

No Default has occurred and is continuing and the Borrower is in compliance as of the Certification Date with all Financial Covenants as set forth above.

The undersigned [Chief Accounting Officer] [or] [Treasurer] of the Borrower, on behalf of the Borrower and with no personal liability, certifies that the representations, warranties, calculations made and the information contained herein are derived from the books and records of the CBII Entities and that each and every such matter reflects those books and records.

This Compliance Certificate is dated as of the date first above written and is made with no personal liability.

 

Sincerely,

 

CHIQUITA BRANDS L.L.C.
By:  

 

  Name:
  Title


EXHIBIT H

[FORM OF]

ASSIGNMENT AND ACCEPTANCE

This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 (the “Standard Terms and Conditions”) are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full.

For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (a) all of the Assignor’s rights and obligations as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including, without limitation, L/C Credit Extensions, Guarantees and Swing Line Loans included in such facilities) and (b) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (a) above (the rights and obligations sold and assigned pursuant to clauses (a) and (b) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Acceptance, without representation or warranty by the Assignor.

 

1.    Assignor:                                     
2.    Assignee:                                     [and is an Affiliate/Approved Fund of [identify Lender]1]
3.    Borrower:   

Chiquita Brands, L.L.C.

 

1

Select as applicable.


4.    Administrative Agent:    Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as the administrative agent under the Credit Agreement.
5.    Credit Agreement:    The Credit Agreement dated as of March 31, 2008, by and among Chiquita Brands L.L.C., Chiquita Brands International, Inc., the Lenders from time to time party thereto, Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Administrative Agent, and the other Persons party thereto.
6.    Assigned Interest:   

 

Facility Assigned

  

Aggregate

Amount of

Commitment/

Loans

for all Lenders*

  

Amount of

Commitment/

Loans

Assigned*

  

Percentage

Assigned of

Commitment/ Loans2

  

[CUSIP

Number]

           
            3    $                 $                              %                
           
                $                 $                              %                
           
                $                 $                              %                
           

 

[7.    Trade Date:                        ]4

Effective Date:                     , 20     [TO BE INSERTED BY ADMINISTRATIVE AGENT AND WHICH SHALL BE THE EFFECTIVE DATE OF RECORDATION OF TRANSFER IN THE REGISTER THEREFOR.]

The terms set forth in this Assignment and Acceptance are hereby agreed to:

[The first signature page follows.]

 

* Amount to be adjusted by the counterparties to take into account any payments or prepayments for Term Loans.
2

Set forth, to at least 9 decimals, as a percentage of the Commitment/Loans of all Lenders thereunder.

3

Fill in the appropriate terminology for the types of facilities under the Credit Agreement that are being assigned under this Assignment (e.g. “Revolving Loan Commitment”, “Term Loan Commitment”, “Swing Line Sublimit” and “Letter of Credit Sublimit”).

4

To be completed if the Assignor and the Assignee intend that the minimum assignment amount is to be determined as of the Trade Date.


ASSIGNOR
[NAME OF ASSIGNOR]
By:  

 

  Name:
  Title:
ASSIGNEE
[NAME OF ASSIGNEE]
By:  

 

  Name:
  Title:

 

[Consented to and Accepted:
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,

“RABOBANK NEDERLAND”, NEW YORK BRANCH

as Administrative Agent

By:  

 

  Name:
  Title: ]5
[Consented to:
CHIQUITA BRANDS L.L.C.
By:  

 

  Name:
  Title: ]6

 

5

To the extent Administrative Agent’s consent is required under the Credit Agreement.

6

To the extent the Borrower’s consent is required under the Credit Agreement.


ANNEX 1 TO ASSIGNMENT AND ACCEPTANCE

STANDARD TERMS AND CONDITIONS FOR

ASSIGNMENT AND ACCEPTANCE

1. Representations and Warranties.

1.1. Assignor. The Assignor (a) represents and warrants that (i) it is the legal and beneficial owner of the Assigned Interest, (ii) the Assigned Interest is free and clear of any lien, encumbrance or other adverse claim and (iii) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Acceptance and to consummate the transactions contemplated hereby; and (b) assumes no responsibility with respect to (i) any statements, warranties or representations made in or in connection with the Credit Agreement or any other Credit Document, (ii) the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Documents or any collateral thereunder, (iii) the financial condition of the Borrower, any of its Subsidiaries or Affiliates or any other Person obligated in respect of any Credit Document or (iv) the performance or observance by the Borrower, any of its Subsidiaries or Affiliates or any other Person of any of their respective obligations under any Credit Document.

1.2. Assignee. The Assignee (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Acceptance and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets all requirements of an assignee specified in the Credit Agreement, (iii) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the Assigned Interest, shall have the obligations of a Lender thereunder, (iv) it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant to Section 5.01(a) thereof, as applicable, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Assignment and Acceptance and to purchase the Assigned Interest, on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (v) if it is organized under the laws of a jurisdiction outside the US, attached hereto is any documentation required to be delivered by it pursuant to the terms of Section 2.12(e) of the Credit Agreement, duly completed and executed by the Assignee; and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent, the Assignor or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Credit Documents are required to be performed by it as a Lender.

2. Payments. From and after the Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignee whether such amounts have accrued prior to or on or after the Effective Date. The Assignor and the Assignee shall make all appropriate


adjustments in payments by the Administrative Agent for periods prior to the Effective Date or with respect to the making of this assignment directly between themselves.

3. General Provisions. This Assignment and Acceptance shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Acceptance may be executed in any number of counterparts, which together shall constitute one instrument. Transmission by facsimile or other electronic transmission of an executed counterpart of this Assignment and Acceptance shall be deemed to constitute due and sufficient delivery of such counterpart. This Assignment and Acceptance shall be governed by, and construed in accordance with, the law of the State of New York.

4. German Share Pledge. For the purposes of any accessory (akzessorisch) security interest (e.g., pledge) created under German law (an “Accessory Security Interest”), the Assignee acknowledges that it will from the Effective Date and pro rata to its participation in the amounts secured by such Accessory Security Interest, become a direct beneficiary (e.g., pledgee) of the respective Accessory Security Interest. Furthermore, the Assignee, for the purposes of German law, hereby expressly consents to the declarations of the Administrative Agent in its capacity as collateral agent made on behalf of and in the name of the Assignee as “Future Pledgee” in the German Share Pledge Agreements (and the term “Future Pledgee” shall bear the same meaning given to this term in such German Share Pledge Agreements). The Assignee also confirms that it is aware of the contents of the German Share Pledge Agreements.


EXHIBIT I

[FORM OF] PLEDGE AGREEMENT

THIS PLEDGE AGREEMENT (this “Pledge Agreement”) is entered into as of March 31, 2008, among CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”), CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”), each other Person (as defined in the Credit Agreement as defined below) listed on the signature pages hereof under the caption “Pledgor” or which becomes a party hereto as a New Pledgor (as defined below) pursuant to the joinder provisions of Section 17.17 (hereinafter the Borrower and all such other Persons are collectively referred to as the “Pledgors” or individually referred to as a “Pledgor”), and COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as collateral agent for the benefit of itself and the other Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Collateral Agent”).

RECITALS

A. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among the Borrower, CBII, each of the Lenders party thereto from time to time, Rabobank, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Persons party thereto, the Lenders are willing to make certain financial accommodations available to the Borrower from time to time pursuant to the terms and conditions thereof.

B. The Administrative Agent has agreed to act as the Collateral Agent for the benefit of the Secured Parties in connection with the transactions contemplated by this Pledge Agreement.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Borrower as provided for in the Credit Agreement, the Pledgors have agreed to execute and deliver this Pledge Agreement.

D. Each Pledgor is the owner of Equity Securities (the “Initial Pledged Equity Securities”) of the entities (the “Initial Pledged Companies”) set forth on Schedule I opposite such Pledgor’s name.

AGREEMENT

NOW THEREFORE, in consideration of the premises and in order to induce the Collateral Agent and the other Secured Parties to extend credit and other financial accommodations under the Credit Agreement, each Pledgor hereby agrees with the Collateral Agent and the other Secured Parties as follows:


ARTICLE I. DEFINED TERMS AND INTERPRETATION.

1.01 Definitions. Unless otherwise defined herein, (a) capitalized terms used herein shall have the meanings ascribed to such terms in the Security Agreement and the Credit Agreement, (b) terms used herein and defined in the UCC shall have the meaning given in the UCC (to the extent not explicitly set forth herein) and (c) the following capitalized terms shall have the following meanings (such meanings being equally applicable to both the singular and plural forms of the terms defined):

Initial Pledged Equity Securities” shall have the meaning given to that term in the Recitals to this Pledge Agreement.

Initial Pledged Companies” shall have the meaning given to that term in the Recitals to this Pledge Agreement.

Organizational Documents” means the limited liability company agreements or such other organizational documents of each Pledged Company.

Pledged Collateral” shall have the meaning given to that term in Section 2.01.

Pledged Companies” shall have the meaning given to that term in Section 2.01(b).

Pledged Equity Securities” shall have the meaning given to that term in Section 2.01(b).

UCC” means the Uniform Commercial Code as the same may, from time to time, be in effect in the State of New York; provided that, in the event that, by reason of mandatory provisions of law, any or all of the perfection or priority of the Collateral Agent’s or any other Secured Party’s security interest and Lien in any Collateral is governed by the Uniform Commercial Code as in effect in a jurisdiction other than the State of New York, the term “UCC” shall mean the Uniform Commercial Code as in effect in such other jurisdiction for purposes of the provisions hereof relating to such perfection or priority and for purposes of definitions related to such provisions.

1.02 Interpretation.

(a) The provisions of Sections 1.04, 1.05, 1.07, 1.10 and 1.11 of the Credit Agreement are hereby incorporated into this Pledge Agreement by reference.

(b) Notwithstanding anything to the contrary in this Pledge Agreement and the rights and obligations of the parties hereto, this Pledge Agreement shall be subject to, and limited by, the provisos of Section 2.14 of the Credit Agreement, and to the extent of any inconsistency between the terms of this Pledge Agreement and the terms of the provisos of Section 2.14 of the Credit Agreement, the provisos of Section 2.14 of the Credit Agreement shall govern and control.

 

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ARTICLE II. PLEDGE.

2.01. Each Pledgor, to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations, hereby grants to the Collateral Agent, for the benefit of itself and the other Secured Parties, a continuing security interest and Lien in, and a right to set off against, any and all right, title and interest of such Pledgor in and to the following, whether now owned or existing, or owned, acquired or arising hereafter (the “Pledged Collateral”):

(a) (i) any of such Pledgor’s right, title and interest in and to any Initial Pledged Company set forth opposite its name in Schedule I and the Initial Pledged Equity Securities set forth opposite its name on Schedule I, and all of its rights, as a member in or owner of such Initial Pledged Company, in and to the property (and interests in property) that is owned by any such Initial Pledged Company, (ii) all of such Pledgor’s rights under or arising pursuant to the Organizational Documents, (iii) all of such Pledgor’s rights to participate in the management of any such Initial Pledged Company, (iv) all rights, privileges, authority and powers of such Pledgor as owner or holder of the Initial Pledged Equity Securities in any such Initial Pledged Company, including all contract rights related thereto, (v) all documents, Instruments and certificates representing or evidencing such Pledgor’s Equity Securities in any such Initial Pledged Company, (vi) all of such Pledgor’s interest in and to the profits and losses of any such Initial Pledged Company and such Pledgor’s right as a member of any such Initial Pledged Company to receive distributions of any such Initial Pledged Company’s respective assets, upon complete, or partial liquidation or otherwise, (vii) all Distributions, Cash, Instruments, subscriptions, warrants, rights, benefits, distributions, premiums, profits, interest, documents of title and other Documents, Accounts, contract rights, Inventory, Equipment, General Intangibles and intangibles, Deposit Accounts, Chattel Paper, and other property from time to time received, receivable, or otherwise distributed in respect of or in exchange for, or as a replacement of or a substitution for any and all of the foregoing, or Proceeds thereof (including any Cash, stock, member interests, or other securities or Instruments issued after any recapitalization, readjustment, reclassification, merger or consolidation with respect to the Initial Pledged Companies and any claims against financial intermediaries under Article 8 of the UCC and Article 9 of the UCC or otherwise), (viii) Proceeds of any insurance, indemnity, warranty, or guaranty (including guaranties of delivery) payable from time to time with respect to any and all of the foregoing, or Proceeds thereof, (ix) payments (in any form whatsoever) made or due and payable to each Pledgor from time to time in connection with any requisition, confiscation, condemnation, seizure or forfeiture of all or any part of the foregoing, or Proceeds thereof, (x) any other right, title, interest, privilege, authority and power, of such Pledgor in or relating to any ownership interest in such Initial Pledged Company, all whether now existing or hereafter arising, whether arising under the Organizational Documents(s) or otherwise, or at law or in equity and any and all Proceeds (including Proceeds of Proceeds) of any of the foregoing and all books and records of such Pledgor pertaining to any of the foregoing, and (xi) other amounts from time to time paid or payable under or in connection with any of the foregoing, or Proceeds thereof;

 

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(b) (i) such Pledgor’s right, title and interest in and to any additional Equity Securities (such Equity Securities, together with the Initial Pledged Equity Securities, the “Pledged Equity Securities”) in any Pledged Persons from time to time acquired by such Pledgor in any manner (such Pledged Persons, together with the Initial Pledged Companies, being the “Pledged Companies”), and all of its rights, as a member in or owner of such Pledged Company, in and to the property (and interests in property) that is owned by any such Pledged Company, (ii) all of such Pledgor’s rights under or arising pursuant to the Organizational Documents in respect of such Pledged Company, (iii) all of such Pledgor’s rights to participate in the management of any such Pledged Company, (iv) all rights, privileges, authority and powers of such Pledgor as owner or holder of the Pledged Equity Securities in any such Pledged Company, including all contract rights related thereto, (v) all documents, Instruments and certificates representing or evidencing such Pledgor’s Equity Securities in any such Pledged Company, (vi) all of such Pledgor’s interest in and to the profits and losses of any such Pledged Company and such Pledgor’s right as a member of any such Pledged Company to receive distributions of any such Pledged Company’s respective assets, upon complete, or partial liquidation or otherwise, (vii) all Distributions, Cash, Instruments, subscriptions, warrants, rights, benefits, distributions, premiums, profits, interest, documents of title and other Documents, Accounts, contract rights, Inventory, Equipment, General Intangibles and intangibles, Deposit Accounts, Chattel Paper, and other property from time to time received, receivable, or otherwise distributed in respect of or in exchange for, or as a replacement of or a substitution for any and all of the foregoing, or Proceeds thereof (including any Cash, stock, member interests, or other securities or Instruments issued after any recapitalization, readjustment, reclassification, merger or consolidation with respect to the Pledged Companies and any claims against financial intermediaries under Article 8 of the UCC and Article 9 of the UCC or otherwise), (viii) all Proceeds of any insurance, indemnity, warranty, or guaranty (including guaranties of delivery) payable from time to time with respect to any and all of the foregoing, or Proceeds thereof, (ix) all payments (in any form whatsoever) made or due and payable to each Pledgor from time to time in connection with any requisition, confiscation, condemnation, seizure or forfeiture of all or any part of the foregoing, or Proceeds thereof, (x) any other right, title, interest, privilege, authority and power, of such Pledgor in or relating to any ownership interest in such Pledged Company, all whether now existing or hereafter arising, whether arising under the Organizational Document(s) or otherwise, or at law or in equity and any and all Proceeds (including Proceeds of Proceeds) of any of the foregoing and all books and records of such Pledgor pertaining to any of the foregoing, and (xi) other amounts from time to time paid or payable under or in connection with any of the foregoing, or Proceeds thereof;

(c) all other claims of any kind or nature and any Instruments, certificates, Chattel Paper or other writings evidencing such claims, whether in contract or tort and whether arising by operation of law, consensual agreement or otherwise, at any time acquired by such Pledgor against the Pledged Companies or any subsidiary of the Pledged Companies or any other person having any liability to shareholders with respect to the Pledged Equity Securities; and

(d) all Investment Property and securities now owned or hereafter acquired by such Pledgor with respect to any of the property described in paragraphs (a), (b) and (c) above of this Section 2.01.

 

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2.02. Notwithstanding anything to the contrary contained in this Pledge Agreement, no Subsidiary of CBII shall grant any Lien on any of its property or assets to secure any Secured Obligations of CBII.

ARTICLE III. DELIVERY OF PLEDGED COLLATERAL.

All certificates or Instruments, if any, representing or evidencing the Pledged Collateral shall be delivered to and held by or on behalf of the Collateral Agent pursuant hereto and shall be in suitable form for transfer by delivery, or shall be accompanied by duly executed instruments of transfer or assignment in blank, all in form and substance satisfactory to the Collateral Agent, and each Pledgor agrees to execute and deliver to Collateral Agent a Pledge Instruction, in the form of Exhibit A and by this reference made a part hereof, with respect to each Pledged Company that is not a corporation organized under the laws of a US state. The Collateral Agent shall have the right, at any time in its discretion and without notice to any Pledgor, after the occurrence and during the continuance of any Event of Default, to transfer to or to register in the name of the Collateral Agent or any of its nominees any or all of the Pledged Collateral. The Collateral Agent shall also have the right at any time, in connection with exercising its rights hereunder, to exchange certificates or Instruments, if any, representing or evidencing Pledged Collateral for certificates or Instruments of smaller or larger denominations.

In addition, at the Collateral Agent’s request, all other steps necessary or advisable under any applicable Requirement of Law to be taken in order to perfect the first priority Lien and security interest granted free from adverse claims hereunder shall be taken by or on behalf of each Pledgor, including any notation on any certificate or Instrument representing the Pledged Equity Securities and any notation on any share register or similar document or instrument.

ARTICLE IV. REPRESENTATIONS AND WARRANTIES.

Each Pledgor represents and warrants as follows:

4.01. Such Pledgor is a limited liability company or corporation validly existing and in good standing in its jurisdiction of organization or incorporation. The Pledged Equity Securities set forth opposite its name on Schedule I and the Pledged Equity Securities pledged and delivered by such Pledgor pursuant to Section 8.02 (if any) have been duly authorized and validly issued and are fully paid and non-assessable.

4.02. Such Pledgor is the legal and beneficial owner of the Pledged Equity Securities set forth opposite its name on Schedule I and the Pledged Equity Securities pledged and delivered by such Pledgor pursuant to Section 8.02 (if any), are free and clear of any Lien, encumbrance, and adverse claims on such Pledged Equity Securities.

4.03. Upon the proper filing of UCC financing statements, and/or upon delivery to the Collateral Agent of certificates representing the Pledged Equity Securities and the taking of any other steps that may be required in accordance with Article III, the pledge of the Pledged

 

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Collateral pursuant to this Pledge Agreement creates a valid and perfected first priority security interest and Lien free from adverse claims in the Pledged Collateral securing the payment of the Secured Obligations for the benefit of the Collateral Agent and the other Secured Parties.

4.04. Except for those that have already been obtained, no authorization, approval, or other action by, and no notice to or filing with, any Governmental Authority or regulatory body, other than the UCC financing statements to be filed with the Secretary of State of the jurisdiction of such Pledgor’s organization or formation, is required either: (a) for the pledge by such Pledgor of the Pledged Collateral pursuant to this Pledge Agreement or for the execution, delivery or performance of this Pledge Agreement by such Pledgor or (b) for the exercise by the Collateral Agent or the other Secured Parties of any of the rights provided for in this Pledge Agreement or the remedies in respect of the Pledged Collateral pursuant to this Pledge Agreement (except as may be required in connection with such disposition by laws affecting the offering and sale of securities).

4.05. Such Pledgor has full power and authority to enter into this Pledge Agreement and has the right (without the requirement of any consents from any Person other than those that have been obtained and are in full force and effect) to vote, pledge and grant a security interest and Lien in the Pledged Equity Securities as provided by this Pledge Agreement.

4.06. This Pledge Agreement has been duly authorized, executed and delivered by such Pledgor and constitutes a legal, valid and binding obligation of such Pledgor, enforceable against such Pledgor in accordance with its terms, except as such enforceability may be limited by the effect of any applicable Debtor Relief Law or other similar laws affecting creditors’ rights generally or general principles of equity.

4.07. Schedule I to this Pledge Agreement is true and correct and complete in all material respects; and without limiting the generality of the foregoing, the Pledged Equity Securities set forth opposite such Pledgor’s name on Schedule I constitute, as of the date hereof, the number of the issued and outstanding Equity Securities of each Pledged Company indicated on Schedule I, the percentage of each Pledged Company indicated on Schedule I and the Pledged Equity Securities (and other than Equity Securities constituting Equity Securities of the Pledged Company that are not be required by the Credit Agreement to be pledged to the Collateral Agent for the benefit of the Secured Parties) constitute all of the Equity Securities of any such Pledged Company owned by such Pledgor (and no Pledgor is the holder of any non-voting shares in any of the Pledged Companies except to the extent indicated on Schedule I); provided that each Pledgor’s representations and warranties in this Section 4.07 shall only apply to the extent that the information set forth in Schedule I applies to such Pledgor.

4.08. Except for the Pledged Equity Securities (and other than Equity Securities constituting Equity Securities of the Pledged Company that are not be required by the Credit Agreement to be pledged to the Collateral Agent for the benefit of the Secured Parties), there are no other Instruments, certificates, securities, warrants, options, outstanding subscriptions or other writings, or any Chattel Paper, evidencing or representing any interest in any Pledged Company.

4.09. Neither the pledge of the Pledged Collateral pursuant to this Pledge Agreement nor the extensions of credit represented by the Secured Obligations violates Regulation T, U or X

 

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of the Board of Governors of the Federal Reserve System. None of the Pledged Equity Securities constitutes margin stock, as defined in Regulation U of the Board of Governors of the Federal Reserve System.

ARTICLE V. COVENANTS.

So long as any of the Secured Obligations (other than Unaccrued Indemnity Claims) remain outstanding or any Credit Document in respect of the Secured Obligations is in effect or any Letter of Credit shall remain outstanding and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have been terminated, each Pledgor agrees that unless the requisite Lenders required by the Credit Agreement shall have otherwise consented in writing, such Pledgor shall not take, and shall not permit any Pledged Company in which such Pledgor holds Equity Securities to take, any action which would cause the Borrower to be in violation or breach of any or all of the covenants contained in Article V of the Credit Agreement. In furtherance and not in limitation of the foregoing, each Pledgor agrees that it shall not:

5.01. mortgage, assign, pledge, hypothecate or otherwise permit any Lien (whether as a result of a purchase money or title retention transaction, or other security interest, or otherwise) to exist on any of its assets or properties, whether real, personal or mixed, whether now owned or hereafter acquired in violation of the Credit Agreement or any other Credit Document;

5.02. incur, create or suffer to exist any Indebtedness other than Permitted Indebtedness;

5.03. sell, lease, assign, transfer or otherwise dispose of any assets (including the Equity Securities of any Significant Subsidiary) in violation of the Credit Agreement or any other Credit Document; or

5.04. assume, guarantee, endorse, or otherwise become liable upon the obligations of any other Person, including any Subsidiary or Affiliate of the Borrower, in violation of the Credit Agreement.

ARTICLE VI. FURTHER ASSURANCES.

Each Pledgor agrees that at any time and from time to time, at the expense of the Pledgors, such Pledgor will promptly execute and deliver, or cause to be executed and delivered, at the Collateral Agent’s reasonable request, all powers, proxies, assignments, instruments and documents, and take all further action, that is reasonably necessary (a) in order to perfect any security interest or Lien granted hereby or purported to be granted hereby, free from adverse claims, or (b) to enable the Collateral Agent, on behalf of itself and the other Secured Parties, to exercise and enforce its rights and remedies hereunder with respect to any Pledged Collateral and to carry out the provisions and purposes hereof.

 

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ARTICLE VII. VOTING RIGHTS; DIVIDENDS.

7.01. So long as no Event of Default shall have occurred and be continuing, a Pledgor shall be entitled to exercise any and all voting and other rights pertaining to the Pledged Collateral or any part thereof for any purpose not inconsistent with the terms of this Pledge Agreement, the Guarantee Agreements or the Credit Agreement; provided, however, that such Pledgor shall not exercise or shall refrain from exercising any such right if such action or inaction would materially and adversely affect the value of the Pledged Collateral or any part thereof or be inconsistent with or violate any provisions of this Pledge Agreement, the Guarantee Agreements, the Credit Agreement or any of the other Credit Documents.

7.02. So long as no Event of Default shall have occurred and be continuing, a Pledgor shall be entitled to receive all dividends, distributions and payments paid from time to time in respect of the Pledged Collateral to the extent permitted by the Credit Agreement.

7.03. Any and all (a) dividends and other distributions paid or payable in Cash in respect of any Pledged Collateral in connection with a partial or total liquidation or dissolution or in connection with a reduction of capital, capital surplus or paid-in-surplus to the extent not permitted by the terms of the Credit Agreement, and (b) Cash paid, payable or otherwise distributed in redemption of, or in exchange for, any Pledged Collateral to the extent not permitted by the terms of the Credit Agreement, shall be in each case forthwith delivered to the Collateral Agent, on behalf of the Secured Parties, to hold as Pledged Collateral and shall, if received by a Pledgor, be received in trust for the benefit of the Collateral Agent and the other Secured Parties, be segregated from the other property or funds of such Pledgor, and be forthwith delivered to the Collateral Agent as Pledged Collateral in the same form as so received (with any necessary endorsement).

7.04. The Collateral Agent shall execute and deliver (or cause to be executed and delivered) to a Pledgor, at the expense of the Pledgors, all such proxies and other instruments as such Pledgor may reasonably request for the purpose of enabling such Pledgor to exercise the voting and other rights which it is entitled to exercise pursuant to Section 7.01.

7.05. All dividends or other distributions which are received by a Pledgor contrary to the provisions of this Article VII shall be received in trust for the benefit of the Collateral Agent and the other Secured Parties, shall be segregated from other funds of such Pledgor and shall be forthwith paid over to the Collateral Agent as Pledged Collateral in the same form as so received (with any necessary endorsement).

7.06. Upon the occurrence and during the continuance of an Event of Default, (a) all voting and other rights of a Pledgor to exercise the rights which it would otherwise be entitled to exercise pursuant to Section 7.01 shall, at the option of the Collateral Agent, cease and become vested in the Collateral Agent for the benefit of itself and the other Secured Parties, which shall thereupon have the sole right to exercise such rights in accordance with Article XIV and (b) all Cash dividends or other distributions payable in respect of the Pledged Collateral shall be paid to

 

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the Collateral Agent, for the benefit of itself and the other Secured Parties and such Pledgor’s right to receive such cash payments pursuant to Sections 7.02 and 7.03 shall immediately cease.

ARTICLE VIII. TRANSFERS AND OTHER LIENS; ADDITIONAL INTERESTS.

8.01. Each Pledgor agrees that it will not (a) sell or otherwise dispose of, or grant any option with respect to, any of the Pledged Collateral, in violation of the Credit Agreement or this Pledge Agreement without the prior written consent of the Collateral Agent and the requisite Lenders required by the Credit Agreement, (b) create or permit to exist any Lien or encumbrance upon or with respect to any of the Pledged Collateral in violation of the Credit Agreement or this Pledge Agreement, or (c) enter into any agreement or understanding that purports to or may restrict or inhibit the rights or remedies of the Collateral Agent and the other Secured Parties hereunder, including the right of the Collateral Agent and the other Secured Parties to sell or otherwise dispose of the Pledged Collateral.

8.02. Each Pledgor agrees that it will pledge and deliver to the Collateral Agent hereunder, immediately upon its acquisition (directly or indirectly) thereof, any and all additional Equity Securities of each Pledged Person of which such Pledgor may become the beneficial owner after the date hereof, together with undated powers endorsed in blank by such Pledgor, to the extent, with respect to Significant Non-US Subsidiaries, such Equity Securities are required to be pledged by the Credit Agreement.

8.03. Each Pledgor agrees that, notwithstanding any provision of any Organizational Document of any Pledged Company it is pledging to the contrary, and so long as the pledge under this Pledge Agreement is in effect, no further consent of such Pledgor shall be required to permit a pledge of such Pledgor’s interest in such Pledged Company to be substituted for a member under the Organizational Documents of such Pledged Company upon valid exercise of the rights of the Collateral Agent under this Pledge Agreement with respect to such Pledgor’s interest in such Pledged Company. Upon the valid exercise of the Collateral Agent’s rights under this Pledge Agreement, and valid foreclosure on such Pledgor’s interest in such Pledged Company, the pledge, or any purchaser of such interest from the pledge, shall be substituted for the members as a member under the Organizational Documents of such Pledged Company, and such substituted member shall have full rights and powers as a member thereunder.

ARTICLE IX. FINANCING STATEMENTS; COLLATERAL AGENT APPOINTED ATTORNEY-IN-FACT.

9.01. Each Pledgor authorizes the Collateral Agent to file one or more financing statements disclosing the security interest and Lien of the Collateral Agent and the other Secured Parties in any or all of the Pledged Collateral of such Pledgor without, to the extent permitted by law, such Pledgor’s signature thereon (including one or more financing statements indicating that such financing statements cover all assets or all personal property (or words of similar effect) of such Pledgor, regardless of whether any particular asset described in such financing statements falls within the scope of the UCC or the granting clause of this Pledge Agreement).

 

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9.02. Each Pledgor hereby appoints the Collateral Agent, on behalf of itself and the other Secured Parties, to be such Pledgor’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor or otherwise, from time to time in the Collateral Agent’s discretion to take any action and to execute any instrument which the Collateral Agent, on behalf of itself and the other Secured Parties, may deem necessary or advisable to further perfect and protect the security interest or Lien granted hereby free from adverse claims, including to receive, endorse and collect, when and as permitted by Articles VII and XIV of this Pledge Agreement, all instruments made payable to such Pledgor representing any dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same.

ARTICLE X. COLLATERAL AGENT MAY PERFORM.

If any Pledgor fails to perform any agreement or obligation contained herein, the Collateral Agent itself may perform, or cause performance of, such agreement or obligation, and the expenses of the Collateral Agent (including reasonable attorneys’ fees and expenses) incurred in connection therewith shall be payable by the Pledgors on a joint and several basis under Article XV.

ARTICLE XI. NO ASSUMPTION OF DUTIES; REASONABLE CARE.

The rights and powers granted to the Collateral Agent, on behalf of itself and the other Secured Parties, hereunder are being granted in order to preserve and protect the security interest and Lien of the Collateral Agent and the other Secured Parties in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent or the other Secured Parties in connection therewith. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for: (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters; or (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral. The Collateral Agent and the other Secured Parties are hereby released from all responsibility for any depreciation in or loss of value of the Pledged Equity Securities.

ARTICLE XII. SUBSEQUENT CHANGES AFFECTING PLEDGED COLLATERAL.

Each Pledgor represents to the Collateral Agent that such Pledgor has made its own arrangements for keeping informed of changes or potential changes affecting the Pledged Collateral (including rights to convert, rights to subscribe, payment of dividends, reorganization

 

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or other exchanges, tender offers and voting rights), and each Pledgor agrees that the Collateral Agent shall have no responsibility or liability for informing such Pledgor of any such changes or potential changes or for taking any action or omitting to take any action with respect thereto. Each Pledgor covenants that it will not, except as otherwise permitted by the Credit Agreement, without the prior written consent of the Collateral Agent and the requisite Lenders required by the Credit Agreement, sell or otherwise dispose of, or grant any option with respect to, any of the Pledged Collateral or create or permit to exist any Lien or encumbrance upon or with respect to any of the Pledged Collateral.

ARTICLE XIII. EVENTS OF DEFAULT.

13.01. The occurrence of an event or existence of a condition which under the Credit Agreement would constitute an Event of Default (as defined in the Credit Agreement) shall be an event of default hereunder (an “Event of Default”).

ARTICLE XIV. REMEDIES UPON DEFAULT.

14.01. If any Event of Default shall have occurred and be continuing, the Collateral Agent, on behalf of itself and the other Secured Parties, shall, in addition to all other rights given by law or by this Pledge Agreement, the Guarantee Agreements, the Credit Agreement or otherwise, have all of the rights and remedies with respect to the Pledged Collateral of a secured party under the UCC and the Collateral Agent, on behalf of itself and the other Secured Parties, may, without notice and at its option, transfer or register, and each Pledgor shall register or cause to be registered upon request therefor by the Collateral Agent, the Pledged Collateral or any part thereof on the books of the Pledged Company into the name of the Collateral Agent or the Collateral Agent’s nominee(s). In addition, with respect to any Pledged Collateral which shall then be in or shall thereafter come into the possession or custody of the Collateral Agent, the Collateral Agent may sell or cause the same to be sold at any broker’s board or at public or private sale, in one or more sales or lots, at such price or prices as the Collateral Agent may deem best, for Cash or on credit or for future delivery, without assumption of any credit risk, all in accordance with the terms and provisions of the Credit Agreement and this Pledge Agreement. The purchaser of any or all Pledged Collateral so sold shall thereafter hold the same absolutely, free from any claim, encumbrance or right of any kind whatsoever. Unless any of the Pledged Collateral threatens to decline speedily in value or is or becomes of a type sold on a recognized market, the Collateral Agent will give Pledgors reasonable notice of the time and place of any public sale thereof, or of the time after which any private sale or other intended disposition is to be made. Any sale of the Pledged Collateral conducted in conformity with reasonable commercial practices of banks, insurance companies, commercial finance companies, or other financial institutions disposing of property similar to the Pledged Collateral shall be deemed to be commercially reasonable. Any requirements of reasonable notice shall be met if such notice is mailed to the Pledgors as provided in Section 17.01 at least 10 days before the time of the sale or disposition. Any other requirement of notice, demand or advertisement for sale is, to the extent permitted by law, waived. The Collateral Agent may, in its own name or in the name of a

 

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designee or nominee, buy any of the Pledged Collateral at any public sale and, if permitted by applicable law, at any private sale. All expenses (including court costs and attorneys’ fees, expenses and disbursements) of, or incident to, the enforcement of any of the provisions hereof shall be recoverable from the Proceeds of the sale or other disposition of the Pledged Collateral. In view of the fact that federal and state securities laws may impose certain restrictions on the method by which a sale of the Pledged Collateral may be effected after an Event of Default, each Pledgor agrees that upon the occurrence and during the continuance of any Event of Default, the Collateral Agent may, from time to time, attempt to sell all or any part of the Pledged Collateral by means of a private placement, restricting the prospective purchasers to those who will represent and agree that they are purchasing for investment only and not for distribution. In so doing, the Collateral Agent may solicit offers to buy the Pledged Collateral, or any part of it, for Cash, from a limited number of investors who might be interested in purchasing the Pledged Collateral, and if the Collateral Agent solicits such offers from not less than three such investors that are not affiliated with the Collateral Agent, then the acceptance by the Collateral Agent of the highest offer obtained therefrom shall be deemed to be a commercially reasonable method of disposition of the Pledged Collateral.

14.02. In addition, upon the occurrence and during the continuance of an Event of Default, all rights of each Pledgor to exercise the rights which such Pledgor would otherwise be entitled to exercise with respect to the Pledged Collateral shall, at the option of the Collateral Agent, cease, and all such rights shall thereupon become vested in the Collateral Agent.

14.03. Lender Rate Contracts shall be secured hereby on a silent basis. Therefore, notwithstanding any other provision, if any, in this Pledge Agreement or the Credit Agreement, no holders of Lender Rate Contracts shall be able to take any action in respect of the Pledged Collateral nor instruct the Collateral Agent to take any action in respect of the Pledged Collateral in its capacity as a holder of a Lender Rate Contract.

ARTICLE XV. EXPENSES.

15.01. Each Pledgor will upon demand pay to the Collateral Agent and the other Secured Parties, to the extent not paid promptly by the Borrower, (a) the amount of any and all reasonable expenses, including the fees, expenses and disbursements of their counsel, of any investment banking firm, business broker or other selling agent and of any other experts and agents retained by the Collateral Agent and the other Secured Parties, which the Collateral Agent or the other Secured Parties may incur in connection with the administration of this Pledge Agreement, and (b) the amount of any and all expenses, including the fees, expenses and disbursements of their counsel, of any investment banking firm, business broker or other selling agent and of any other experts and agents retained by the Collateral Agent and the other Secured Parties, which the Collateral Agent or the other Secured Parties may incur in connection with (i) the custody or preservation of, or the sale of, collection from, or other realization upon, any of the Pledged Collateral, (ii) the exercise or enforcement of any of the rights of the Collateral Agent, on behalf of itself and the other Secured Parties, hereunder or (iii) the failure by the Pledgors to perform or observe any of the provisions hereof.

15.02. If at any time hereafter, (a) whether upon the occurrence of an Event of Default or not, the Collateral Agent employs counsel to (i) prepare or consider amendments, waivers or

 

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consents with respect to this Pledge Agreement, (ii) take action or make a response in or with respect to any legal or arbitral proceeding relating to this Pledge Agreement or relating to the Collateral or (iii) protect the Collateral or (b) whether upon the occurrence of an Event of Default or not, the Collateral Agent or any other Secured Party employs counsel to exercise any rights or remedies under this Pledge Agreement or with respect to the Collateral or to seek relief from the automatic or similar stay in effect under any Debtor Relief Law, then the Obligors agree to promptly pay upon demand any and all such costs and expenses of the Collateral Agent and the other Secured Parties, as applicable, all of which costs and expenses shall constitute Secured Obligations hereunder.

ARTICLE XVI. SECURITY INTEREST ABSOLUTE.

The obligations of each Pledgor under this Pledge Agreement are independent of the Secured Obligations or any other liabilities or obligations of any other Loan Party under or in respect of the Credit Documents, and a separate action or actions may be brought and prosecuted against each Pledgor to enforce this Pledge Agreement, irrespective of whether any action is brought against such Pledgor or any other Loan Party or whether such Pledgor or any other Loan Party is joined in any such action or actions. All rights of the Collateral Agent and the other Secured Parties and the pledge, assignment and security interest hereunder, and all liabilities and obligations of each Pledgor hereunder, shall be irrevocable, absolute and unconditional irrespective of, and each Pledgor hereby irrevocably waives (to the maximum extent permitted by applicable law) any defenses it may now have or may hereafter acquire in any way relating to, any or all of the following:

(a) any lack of validity or enforceability of any Credit Document or any other agreement or instrument relating thereto;

(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations or any other liabilities or obligations of any other Loan Party under or in respect thereof or any other amendment or waiver of or any consent to any departure from any Credit Document, including any increase in the Secured Obligations resulting from the extension of additional credit to any Loan Party or any of its Subsidiaries or otherwise;

(c) any taking, exchange, release or non-perfection of any Collateral or any other collateral, or any taking, release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations;

(d) any manner of application of any Collateral or any other collateral, or proceeds thereof, to all or any of the Secured Obligations, or any manner of sale or other disposition of any Collateral or any other collateral for all or any of the Secured Obligations or any other liabilities or obligations of any other Loan Party under or in respect of the Credit Documents or any other assets of any Loan Party or any of its Subsidiaries;

(e) any change, restructuring or termination of the corporate structure or existence of any Loan Party or any of its Subsidiaries;

 

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(f) any failure of any Secured Party to disclose to any Loan Party any information relating to the business, condition (financial or other), operations, performance, assets, nature of assets, liabilities or prospects of any other Loan Party now or hereafter known to such Secured Party (each Pledgor waiving any duty on the part of the Secured Parties to disclose such information);

(g) the failure of any other Person to execute this Pledge Agreement or any other Security Document, guaranty or agreement or the release or reduction of liability of any Pledgor or other grantor or surety with respect to the Secured Obligations; or

(h) any other circumstance (including any statute of limitations) or any existence of or reliance on any representation by any Secured Party that might otherwise constitute a defense available to, or a discharge of, such Pledgor or any other Pledgor or a third party grantor of a security interest.

ARTICLE XVII. MISCELLANEOUS PROVISIONS.

17.01. Notices. All notices required or permitted to be given under this Pledge Agreement shall be in conformance with Section 8.01 of the Credit Agreement; all notices to (a) the Collateral Agent shall be sent to the address of the Administrative Agent set forth on Schedule IV to the Credit Agreement, (b) any Pledgor shall be sent to such Pledgor’s address as set forth on Schedule 17.01 and (c) any Pledged Company shall be sent to the address for such Pledged Company on Schedule 9 of the Subsidiary Guarantee or, if such Pledged Company has delivered a consent to this Pledge Agreement to the Collateral Agent to the address set forth therein.

17.02. Headings. The headings in this Pledge Agreement are included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Pledge Agreement.

17.03. Severability. If at any time any provision of this Pledge Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Pledge Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.

17.04. Amendments, Waivers and Modifications. This Pledge Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 8.04 of the Credit Agreement.

17.05. Interpretation of Pledge Agreement. To the extent a term or provision of this Pledge Agreement conflicts with the Credit Agreement and is not dealt with herein with more specificity, the Credit Agreement shall control with respect to the subject matter of such term or provision. Acceptance of or acquiescence in a course of performance rendered under this Pledge Agreement shall not be relevant to determine the meaning of this Pledge Agreement even though

 

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the accepting or acquiescing party had knowledge of the nature of the performance and opportunity for objection.

17.06. Continuing Security Interest and Lien. This Pledge Agreement shall (a) create a continuing security interest and Lien free from adverse claims in the Pledged Collateral and shall remain in full force and effect so long as any of the Secured Obligations remain outstanding or any Credit Documents are in effect or any Letter of Credit or Lender Rate Contract shall remain outstanding, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated, (b) be binding upon each Pledgor, its successors and assigns, and (c) inure, together with the rights and remedies of the Collateral Agent, on behalf of itself and the other Secured Parties, hereunder, to the benefit of the Collateral Agent, on behalf of itself and the other Secured Parties, and its successors, transferees and assigns.

17.07. Reinstatement. To the extent permitted by law, this Pledge Agreement shall continue to be effective or be reinstated if at any time any amount received by the Collateral Agent in respect of the Secured Obligations is rescinded or must otherwise be restored or returned by the Collateral Agent upon the insolvency, bankruptcy, dissolution, liquidation, winding-up or reorganization of any Pledgor or any other Loan Party or upon the appointment of any receiver, interim receiver, receiver and manager, monitor, intervenor, conservator, trustee or similar official for any Pledgor or any other Loan Party or any substantial part of their assets, or otherwise, all as though such payments had not been made; provided that in the event payment of all or any part of the Secured Obligations is rescinded or must be restored or returned, all costs and expenses (including any reasonable legal fees and disbursements) incurred by the Collateral Agent or any other Secured Party in defending and enforcing such reinstatement shall be deemed to be included as a part of the Secured Obligations.

17.08. Survival of Provisions. All representations, warranties and covenants of each Pledgor contained herein shall survive the execution and delivery of this Pledge Agreement, and shall terminate only upon the full and final payment and performance by each Pledgor of the Secured Obligations and the termination of the Credit Documents, the Letters of Credit, the Lender Rate Contracts and all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility.

17.09. Waivers; Subrogation; Subordination.

(a) Each Pledgor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Secured Obligations and this Pledge Agreement and any requirement that any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against any Loan Party or any other Person or any Collateral.

(b) Each Pledgor hereby unconditionally and irrevocably waives any right to revoke this Pledge Agreement and acknowledges that this Pledge Agreement is continuing in nature and applies to all Secured Obligations, whether existing now or in the future.

 

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(c) Each Pledgor hereby unconditionally and irrevocably waives (i) any defense arising by reason of any claim or defense based upon an election of remedies by any Secured Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Pledgor or other rights of such Pledgor to proceed against any of the other Loan Parties, any other guarantor or any other Person or any Collateral and (ii) any defense based on any right of set-off or counterclaim against or in respect of the Secured Obligations of such Pledgor hereunder.

(d) Each Pledgor acknowledges that the Collateral Agent may, without notice to or demand upon such Pledgor and without affecting the liability of such Pledgor under this Pledge Agreement, foreclose under any mortgage by nonjudicial sale, and each Pledgor hereby waives any defense to the recovery by the Collateral Agent and the other Secured Parties against such Pledgor or any deficiency after such nonjudicial sale and any defense or benefits that may be afforded by applicable law.

(e) Each Pledgor hereby unconditionally and irrevocably waives any duty on the part of any Secured Party to disclose to such Pledgor any matter, fact or thing relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party or any of its Subsidiaries now or hereafter known by such Secured Party.

(f) Each Pledgor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements contemplated by the Credit Documents and that the waivers set forth in Article XVI and this Section 17.09 are knowingly made in contemplation of such benefits.

(g) Each Pledgor hereby unconditionally and irrevocably agrees not to exercise any rights that it may now have or hereafter acquire against the Borrower, any other Loan Party or any other guarantor that arise from the existence, payment, performance or enforcement of such Pledgor’s liabilities or obligations under or in respect of this Pledge Agreement or any other Credit Document, including any right of subrogation, reimbursement, exoneration, contribution or indemnification and any right to participate in any claim or remedy of any Secured Party against the Borrower, any other Loan Party or any other guarantor or any Collateral, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, including the right to take or receive from the Borrower, any other Loan Party or any other guarantor, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim, remedy or right, unless and until all of the Secured Obligations and all other amounts payable under this Pledge Agreement and the other Credit Documents shall have been indefeasibly paid in full in cash, all Letters of Credit and all Lender Rate Contracts shall have expired or been terminated and the Commitments shall have expired or been terminated. If any amount shall be paid to any Pledgor in violation of the immediately preceding sentence at any time prior to the latest of (a) the indefeasible payment in full in cash of the Secured Obligations and all other amounts payable under this Pledge Agreement and the other Credit Documents, (b) the applicable Termination Date and (c) the latest date of expiration or termination of all Commitments, Letters of Credit and all Lender Rate Contracts, such amount shall be received and held in trust for the benefit of the Secured Parties, shall be segregated from other property and funds of such Pledgor and shall forthwith be paid or delivered to the Collateral Agent in the same form as so received (with any necessary

 

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endorsement or assignment) to be credited and applied to the Secured Obligations and all other amounts payable under this Pledge Agreement and the other Credit Documents, whether matured or unmatured, in accordance with the terms of the Credit Documents, or to be held as Collateral for any Secured Obligations or other amounts payable under this Pledge Agreement or the other Credit Documents thereafter arising. If (i) any Pledgor shall make payment to any Secured Party of all or any part of the Secured Obligations, (ii) all of the Secured Obligations and all other amounts payable under this Pledge Agreement and the other Credit Documents shall have been indefeasibly paid in full in cash, (iii) the applicable Termination Date shall have occurred and (iv) all Commitments, Letters of Credit and all Lender Rate Contracts shall have expired or been terminated, the Secured Parties will, at such Pledgor’s request and expense, execute and deliver to such Pledgor appropriate documents, without recourse and without representation or warranty, necessary to evidence the transfer by subrogation to such Pledgor of an interest in the Secured Obligations resulting from such payment made by such Pledgor pursuant to this Pledge Agreement.

(h) Each Pledgor hereby subordinates any and all debts, liabilities and other obligations owed to such Pledgor by each other Loan Party (the “Subordinated Obligations”) to the Secured Obligations to the extent and in the manner hereinafter set forth in this Section 17.09(h):

(i) Prohibited Payments, Etc. Each Pledgor may receive regularly scheduled payments from any other Loan Party on account of the Subordinated Obligations unless an Event of Default has occurred and is continuing that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party), and the Administrative Agent has delivered notice to CBII that such payments may not be made or received. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery of such notice, however, unless the Administrative Agent otherwise agrees, no Pledgor shall demand, accept or take any action to collect any payment on account of the Subordinated Obligations.

(ii) Prior Payment of Secured Obligations. In any proceeding under any Debtor Relief Law relating to any other Loan Party, each Pledgor agrees that the Secured Parties shall be entitled to receive indefeasible payment in full in cash of all Secured Obligations (including all interest and expenses accruing after the commencement of a proceeding under any Debtor Relief Law, whether or not constituting an allowed claim in such proceeding (“Post-Petition Interest”)) before such Pledgor receives payment of any Subordinated Obligations.

(iii) Turn-Over. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery by the Administrative Agent of the notice described in Section 17.09(h)(i), each Pledgor shall, if the Collateral Agent so requests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Secured Parties and deliver such payments to the Collateral Agent on account of the Secured

 

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Obligations (including all Post-Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Pledgor under the other provisions of this Pledge Agreement.

(iv) Collateral Agent Authorization. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery by the Administrative Agent of the notice described in Section 17.09(h)(i), the Collateral Agent is authorized and empowered (but without any obligation to so do), in its discretion, (A) in the name of each Pledgor, to collect and enforce, and to submit claims in respect of, Subordinated Obligations and to apply any amounts received thereon to the Secured Obligations (including any and all Post-Petition Interest), and (B) to require each Pledgor (1) to collect and enforce, and to submit claims in respect of, Subordinated Obligations and (2) to pay any amounts received on such obligations to the Collateral Agent for application to the Secured Obligations (including any and all Post-Petition Interest).

17.10. Authority of the Collateral Agent. The Collateral Agent, on behalf of itself and the other Secured Parties, shall have and be entitled to exercise all powers hereunder which are specifically granted to the Collateral Agent, on behalf of itself and the other Secured Parties, by the terms hereof, together with such powers as are reasonably incident thereto. The Collateral Agent, on behalf of itself and the other Secured Parties, may perform any of its duties hereunder or in connection with the Pledged Collateral by or through agents or employees and shall be entitled to retain counsel and to act in reliance upon the advice of counsel concerning all such matters. Neither the Collateral Agent nor the other Secured Parties nor any director, officer, employee, lawyer, attorney or agent of the Collateral Agent or the other Secured Parties shall be liable to any Pledgor for any action taken or omitted to be taken by it or them hereunder, except for its or their own gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction, nor shall the Collateral Agent nor the other Secured Parties be responsible for the validity, effectiveness or sufficiency hereof or of any document or security furnished pursuant hereto. The Collateral Agent, the other Secured Parties and their directors, officers, employees, lawyers, attorneys and agents shall be entitled to rely on any communication, instrument or document reasonably believed by it or them to be genuine and correct and to have been signed or sent by the proper person or persons. Each Pledgor agrees to indemnify and hold harmless the Collateral Agent, the other Secured Parties and any other Person from and against any and all costs, expenses (including reasonable fees, expenses and disbursements of lawyers, attorneys and paralegals (including, without duplication, reasonable charges of inside counsel)), claims and liabilities incurred by the Collateral Agent, the other Secured Parties or such Person hereunder, unless such claim or liability shall be due to willful misconduct or gross negligence on the part of the Collateral Agent, the other Secured Parties, or such Person, as determined by a final non-appealable judgment of a court of competent jurisdiction.

17.11. Release; Termination of Pledge Agreement.

(a) Subject to the provisions of Section 17.07, this Pledge Agreement shall terminate upon the full and final payment and performance by each Pledgor of the Secured

 

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Obligations and the termination of the Credit Documents, the Letters of Credit, the Lender Rate Contracts and all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility. At such time, the Collateral Agent shall, at the request, and the expense, of the Pledgors, reassign and redeliver to the Pledgors all of the Pledged Collateral hereunder which has not been sold, disposed of, retained or applied by the Collateral Agent in accordance with the terms hereof. Such reassignment and redelivery shall be without warranty by or recourse to the Collateral Agent or the other Secured Parties, except as to the absence of any prior assignments by the Collateral Agent of its interest in the Pledged Collateral, and shall be at the expense of the Pledgors.

(b) Upon any sale, lease, transfer or other disposition of any item of Pledged Collateral of any Pledgor in accordance with the terms of the Credit Documents, the Collateral Agent will, at such Pledgor’s expense, execute and deliver to such Pledgor such documents as such Pledgor shall reasonably request to evidence the release of such item of Pledged Collateral from the assignment and security interest granted hereby; provided, however, that (i) at the time of such request and such release no Event of Default shall have occurred and be continuing, (ii) such Pledgor shall have delivered to the Collateral Agent, at least 10 Business Days prior to the date of the proposed release, a written request for release describing the item of Pledged Collateral and the terms of the sale, lease, transfer or other disposition in reasonable detail, including the price thereof and any expenses in connection therewith, together with a form of release for execution by the Collateral Agent and a certificate of such Pledgor to the effect that the transaction is in compliance with the Credit Documents and as to such other matters as the Collateral Agent may request and (iii) the proceeds of any such sale, lease, transfer or other disposition required to be applied, or any payment to be made in connection therewith, in accordance with Section 2.06 of the Credit Agreement shall, to the extent so required, be paid or made to, or in accordance with the instructions of, the Collateral Agent when and as required under Section 2.06 of the Credit Agreement.

17.12. Counterparts. This Pledge Agreement may be executed in any number of counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Transmission by telecopier or other electronic transmission of an executed counterpart of this Pledge Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

17.13. Governing Law; Waivers.

(a) This Pledge Agreement shall be governed and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law).

(b) Each Pledgor irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Pledge Agreement may be brought against such party in any such courts. Final judgment against any Pledgor in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law.

 

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Nothing in this Section 17.13(b) shall affect the right of the Collateral Agent or any other Secured Party to commence legal proceedings or otherwise sue any Pledgor in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon any Pledgor in any manner authorized by the laws of any such jurisdiction. Each of the Pledgors agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. Each of the Pledgors irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to in the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Pledge Agreement or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Pledge Agreement or any other Credit Document to post security for the costs of any Pledgor or to post a bond or to take similar action.

(c) EACH OF THE PLEDGORS, THE COLLATERAL AGENT AND THE OTHER SECURED PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS PLEDGE AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

(d) EACH PLEDGOR HEREBY IRREVOCABLY AND UNCONDITIONALLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVES THE RIGHT TO ASSERT ANY SETOFF, COUNTERCLAIM OR CROSS-CLAIM IN RESPECT OF, AND ALL STATUTES OF LIMITATIONS WHICH MAY BE RELEVANT TO, ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS PLEDGE AGREEMENT, THE GUARANTEE AGREEMENTS OR ANY OF THE CREDIT DOCUMENTS, AND EACH PLEDGOR FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVES DUE DILIGENCE, DEMAND, PRESENTMENT AND PROTEST AND ANY NOTICES THEREOF AS WELL AS NOTICE OF NONPAYMENT.

(e) EACH PLEDGOR AGREES THAT ANY CLAIM OR CAUSE OF ACTION BY SUCH PLEDGOR AGAINST THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES, OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ACCOUNTANTS, LAWYERS OR ATTORNEYS OF THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES, BASED UPON, ARISING FROM, OR RELATING TO THIS PLEDGE AGREEMENT, OR ANY OTHER PRESENT OR FUTURE AGREEMENT, OR ANY OTHER TRANSACTION CONTEMPLATED HEREBY OR THEREBY OR RELATING HERETO OR THERETO, OR ANY OTHER MATTER, CAUSE OR THING WHATSOEVER, WHETHER OR NOT RELATING HERETO OR THERETO, OCCURRED, DONE, OMITTED OR SUFFERED TO BE DONE BY THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES, OR BY THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,

 

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ACCOUNTANTS, LAWYERS OR ATTORNEYS OF THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES, WHETHER SOUNDING IN CONTRACT OR IN TORT OR OTHERWISE, SHALL BE BARRED UNLESS ASSERTED BY SUCH PLEDGOR BY THE COMMENCEMENT OF AN ACTION OR PROCEEDING IN A COURT OF COMPETENT JURISDICTION BY THE FILING OF A COMPLAINT WITHIN ONE YEAR AFTER THE FIRST ACT, OCCURRENCE OR OMISSION UPON WHICH SUCH CLAIM OR CAUSE OF ACTION, OR ANY PART THEREOF, IS BASED AND SERVICE OF A SUMMONS AND COMPLAINT ON AN OFFICER OF THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES OR ANY OTHER PERSON AUTHORIZED TO ACCEPT SERVICE OF PROCESS ON BEHALF OF THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES, WITHIN 30 DAYS THEREAFTER. EACH PLEDGOR AGREES THAT SUCH ONE-YEAR PERIOD OF TIME IS A REASONABLE AND SUFFICIENT TIME FOR SUCH PLEDGOR TO INVESTIGATE AND ACT UPON ANY SUCH CLAIM OR CAUSE OF ACTION. THE ONE-YEAR PERIOD PROVIDED HEREIN SHALL NOT BE WAIVED, TOLLED, OR EXTENDED EXCEPT BY A SPECIFIC WRITTEN AGREEMENT OF THE COLLATERAL AGENT. THIS PROVISION SHALL SURVIVE ANY TERMINATION OF THIS PLEDGE AGREEMENT OR ANY OTHER AGREEMENT.

(f) NEITHER THE COLLATERAL AGENT, THE OTHER SECURED PARTIES NOR ANY AFFILIATE OF THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY BREACH OF CONTRACT, TORT OR OTHER WRONG RELATING TO THIS PLEDGE AGREEMENT OR THE SECURED OBLIGATIONS OR THE ESTABLISHMENT, ADMINISTRATION OR COLLECTION THEREOF (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), WHETHER SUCH DAMAGES ARE FORESEEABLE OR UNFORESEEABLE, EVEN IF THE COLLATERAL AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE COLLATERAL AGENT, THE OTHER SECURED PARTIES, NOR ANY AFFILIATES OF THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES SHALL BE LIABLE FOR ANY CLAIMS, DEMANDS, LOSSES OR DAMAGES, OF ANY KIND WHATSOEVER, MADE, CLAIMED, INCURRED OR SUFFERED BY ANY PLEDGOR THROUGH THE ORDINARY NEGLIGENCE OF THE COLLATERAL AGENT, OR ANY COLLATERAL AGENT AFFILIATES. THE “AFFILIATES” SHALL MEAN THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LAWYERS, ATTORNEYS OR ANY OTHER PERSON OR ENTITY AFFILIATED WITH OR REPRESENTING THE COLLATERAL AGENT OR THE OTHER SECURED PARTIES.

17.14. Delays; Partial Exercise of Remedies. No delay or omission of the Collateral Agent or the other Secured Parties to exercise any right or remedy hereunder, whether before or after the happening of any Event of Default, shall impair any such right or shall operate as a waiver thereof or as a waiver of any such Event of Default. No single or partial exercise by the Collateral Agent or the other Secured Parties of any right or remedy shall preclude any other or further exercise thereof, or preclude any other right or remedy.

17.15. Credit Document. This Pledge Agreement shall be a “Credit Document” under and as defined in the Credit Agreement.

 

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17.16. Limitation on Amount of Recovery in Event of Fraudulent Conveyance Issues. Each Pledgor, and by its acceptance of this Pledge Agreement, the Collateral Agent and each other Secured Party, hereby confirms that it is the intention of all such Persons that this Pledge Agreement and the obligations of each Pledgor hereunder not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law (as hereinafter defined), the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar foreign, federal or state law to the extent applicable to this Pledge Agreement and the obligations of each Pledgor hereunder. To effectuate the foregoing intention, the Collateral Agent, the other Secured Parties and the Pledgors hereby irrevocably agree that the obligations of each Pledgor under this Pledge Agreement at any time shall be limited to the maximum amount as will result in the obligations of such Pledgor under this Pledge Agreement not constituting a fraudulent transfer or conveyance. For purposes hereof, “Bankruptcy Law” means any proceeding of the type referred to in Section 6.01(f) or (g) of the Credit Agreement or the Bankruptcy Code, or any similar foreign, federal or state law for the relief of debtors.

17.17. Joinder. In the event a party becomes a Pledgor (the “New Pledgor”) hereunder, pursuant to a Joinder Agreement, upon execution of such Joinder Agreement, the New Pledgor shall be bound by all the terms and conditions hereof to the same extent as though the New Pledgor had originally executed this Pledge Agreement. The addition of the New Pledgor shall not in any manner affect the Secured Obligations of the other Pledgors hereunder. Each Pledgor hereto acknowledges that Schedule I may be amended or modified in connection with the addition of any New Pledgor to reflect information relating to such New Pledgor.

17.18. Acknowledgement. Each Pledgor acknowledges receipt of a copy of this Agreement.

17.19. Attachment. Each Pledgor and the Collateral Agent hereby acknowledge that (a) value has been given and (b) each Pledgor has rights in the Pledged Equity Securities. Each Pledgor and the Collateral Agent agree that the Collateral Agent’s security interest and Lien in the Pledged Equity Securities shall attach as of that date hereof.

17.20. Other Security; Marshaling.

(a) To the extent that any of the Secured Obligations are now or hereafter secured by property other than the Pledged Collateral (including real property and securities owned by a Pledgor or any other Person), or by a guarantee agreement, endorsement or property of any other Person, then the Collateral Agent and the other Secured Parties shall have the right to proceed against such other property, guarantee agreement or endorsement upon the occurrence and during the continuance of any Event of Default, and the Collateral Agent and the other Secured Parties have the right, in their sole discretion, to determine which rights, security, Liens, security interests or remedies the Collateral Agent and the other Secured Parties shall at any time thereafter pursue or take, or at any time relinquish, subordinate or modify with respect thereto, without in any way modifying or affecting any of them or any of the Collateral Agent’s and the other Secured Parties’ rights or the Secured Obligations under this Pledge Agreement, under any other of the Credit Documents or otherwise.

 

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(b) The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to the Pledged Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Pledgor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies under this Pledge Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Pledgor hereby irrevocably waives the benefits of all such laws.

17.21. Nonexclusive Nature of Remedies. Failure by the Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Pledge Agreement, any other Credit Document or as provided by law, or any delay by the Collateral Agent or the other Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Collateral Agent, the other Secured Parties, nor any party acting as attorney for the Collateral Agent or the other Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Collateral Agent and the other Secured Parties under this Pledge Agreement shall be cumulative and not exclusive of any other right or remedy which the Collateral Agent or the other Secured Parties may have.

17.22. Assignment by the Secured Parties. Subject to Section 8.05(c) of the Credit Agreement, any of the Secured Parties may from time to time assign all or any portion of its rights and obligations under the Credit Agreement, and the assignee shall be entitled to all of the rights and remedies of such Secured Party under this Pledge Agreement in relation thereto.

17.23. Collateral Agent. Each reference herein to any right granted to, benefit conferred upon or power exercisable by the “Collateral Agent” shall be a reference to the Collateral Agent, for the benefit of the Secured Parties.

17.24. Joint and Several Obligations of Pledgors.

(a) Each of the Pledgors is accepting joint and several liability hereunder in consideration of the financial accommodation to be provided by the Secured Parties under the Credit Agreement, for the mutual benefit, directly and indirectly, of each of the Pledgors and in consideration of the undertakings of each of the Pledgors to accept joint and several liability for the obligations of each of them.

 

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(b) Each of the Pledgors jointly and severally hereby irrevocably and unconditionally accepts, not merely as a surety but also as a co-debtor, joint and several liability with the other Pledgors with respect to the payment and performance of all of the Secured Obligations arising under this Pledge Agreement or the other Credit Documents, it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each of the Pledgors without preferences or distinction among them.

(c) Notwithstanding anything provided in clauses (a) and (b) of this Section 17.24, no Pledgor (other than CBII) shall be liable, directly or indirectly, for any Secured Obligations of CBII.

17.25. Lender Rate Contracts. So long as the terms thereof are in compliance with the Credit Agreement, each Lender Rate Contract shall be secured by the Lien of this Pledge Agreement to the extent, and, notwithstanding any other provision, if any, in this Pledge Agreement, only to the extent provided in the Credit Agreement, including Section 7.07 of the Credit Agreement. Such security shall be on a silent basis, so that, notwithstanding any other provision, if any, in this Pledge Agreement, the Credit Agreement or any other Credit Document, no holders of Lender Rate Contracts shall be able to take any action in respect of the Collateral nor instruct the Collateral Agent or the Required Lenders to take any action in respect of the Collateral.

17.26. Construction. This Pledge Agreement is the result of negotiations among, and has been reviewed by, the Pledgors, the Collateral Agent and their respective counsel. Accordingly, this Pledge Agreement shall be deemed to be the product of all parties hereto, and no ambiguity shall be construed in favor of or against the Pledgors, the Collateral Agent or any other Secured Party.

17.27. Release of Liability of Pledgor. In the event that all of the capital stock or other Equity Interests of one or more Pledgors is sold or otherwise disposed of (except to any of the CBII Entities) or liquidated in compliance with the requirements of the Credit Agreement and the proceeds of such sale, disposition or liquidation are applied as permitted or required by the terms of the Credit Agreement, such Pledgor shall, upon consummation of such sale or other disposition, be released from this Pledge Agreement automatically and without further action and this Pledge Agreement shall, as to each such Pledgor, terminate, and have no further force or effect (it being understood and agreed that the sale of one or more Persons that own, directly or indirectly, all of the Equity Interests of any Pledgor shall be deemed to be a sale of such Pledgor for purposes of this Section 17.27).

[Remainder of page intentionally left blank.]

 

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IN WITNESS WHEREOF, the Pledgors and the Collateral Agent have each caused this Pledge Agreement to be duly executed and delivered as of the date first above written.

 

PLEDGORS:
B C SYSTEMS, INC.
By:  

 

Name:  

 

Title:  

 

CHIQUITA BRANDS INTERNATIONAL, INC.
By:  

 

Name:  

 

Title:  

 

CHIQUITA BRANDS L.L.C.
By:  

 

Name:  

 

Title:  

 

CHIQUITA FRESH NORTH AMERICA L.L.C.
By:  

 

Name:  

 

Title:  

 

CHIQUITA INTERNATIONAL LIMITED
By:  

 

Name:  

 

Title:  

 

PLEDGE AGREEMENT


FRESH EXPRESS INCORPORATED
By:  

 

Name:  

 

Title:  

 

FRESH INTERNATIONAL CORP.
By:  

 

Name:  

 

Title:  

 

VERDELLI FARMS, INC.
By:  

 

Name:  

 

Title:  

 

COLLATERAL AGENT:
COÖPERATIEVE CENTRALE RAIFFEISEN – BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as Collateral Agent
By:  

 

Name:  

 

Title:  

 

By:  

 

Name:  

 

Title:  

 

PLEDGE AGREEMENT


SCHEDULE I

Pledged Interests


CONSENT

(Limited Liability Company)

                             , a                  limited liability company (the “Pledged Company”), hereby consents and agrees to cause to be registered on its books and records the pledge of all of                 ’s (“Pledgor”) right, title and interest in and to the Pledged Collateral (as defined in the Pledge Agreement defined below). The Pledged Company acknowledges that it is familiar with that certain Pledge Agreement among Chiquita Brands International, Inc. (“CBII”), Chiquita Brands L.L.C. (the “Borrower”), each other Person which is a party thereto as a Pledgor (as defined in therein) and Coöperatieve Centrale Raiffeisen - Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Collateral Agent, dated as of March 31, 2008 (as modified, amended, extended, restated, amended and restated or supplemented from time to time, the “Pledge Agreement”), and agrees that, without the need for any further consent of any other person, it will abide by all notices and instructions relating to the Pledged Collateral sent by the Collateral Agent. All notices to the Pledged Company should be sent to its address set forth below. Capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Pledge Agreement.

The Pledged Company agrees that all amounts which it may from time to time owe to the Pledgor under its Organizational Documents shall, following written notice by the Administrative Agent or the Collateral Agent to the Pledged Company that an Event of Default under the Credit Agreement has occurred and is continuing, be paid, in immediately available funds, directly to the Collateral Agent without off-set or counterclaim for application on account of the Secured Obligations. In the event the Collateral Agent duly demands payment from the Pledged Company pursuant to the foregoing Pledge Agreement and the Pledged Company shall fail to make payment thereof within 30 days thereof, the Pledged Company shall pay the Collateral Agent all costs of enforcing the Collateral Agent’s rights against the Pledged Company (including attorney’s and paralegal fees) together with interest at the rate set forth in Section 2.07(c) of the Credit Agreement on all amounts owing to the Collateral Agent from the date of such demand to the date of payment. Any and all payments made by the Pledged Company to the Collateral Agent in accordance with the preceding sentence shall be deemed payments to the Pledgor.

The Pledged Company further agrees that, notwithstanding any provision of its Organizational Documents to the contrary, and so long as the pledge under the Pledge Agreement is in effect, no further consent of the Pledged Company shall be required to permit a pledge of any Pledgor’s interest in the Pledged Company to be substituted for a member under the Organizational Documents of the Pledged Company upon valid exercise of the rights of the Collateral Agent under the Pledge Agreement with respect to such Pledgor’s interest in the Pledged Company. Upon the valid exercise of the Collateral Agent’s rights under the Pledge Agreement, and valid foreclosure on such Pledgor’s interest in the Pledged Company, the pledge, or any purchaser of such interest from the pledge, shall be substituted for the members as a member under the Organizational Documents of the Pledged Company, and such substituted member shall have full rights and powers as a member thereunder.


PLEDGED COMPANY:
                                                             ,
a              limited liability corporation/company
By:                                                        ,
  its Managing Member
  By:  

 

  Title:  

 

Address:

c/o Chiquita Brands L.L.C.

250 East Fifth Street

Cincinnati, Ohio 45202

Attention:

Tel. No.

Fax No.

E-mail:

With a copy to:

General Counsel

Tel. No.

Fax No.

E-mail:

 

-2-


ACKNOWLEDGMENT AND CONSENT BY

ISSUER(S) OF PLEDGED SHARES

(Corporation)

The undersigned hereby acknowledges receipt of a copy of that certain Pledge Agreement among Chiquita Brands International, Inc. (“CBII”), Chiquita Brands L.L.C. (the “Borrower”), each other Person which is a party thereto as a Pledgor (as defined in therein) and Coöperatieve Centrale Raiffeisen - Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Collateral Agent, dated as of March 31, 2008 (as modified, amended, extended, restated, amended and restated or supplemented from time to time, the “Pledge Agreement”). The undersigned agrees for the benefit of the Collateral Agent as follows:

1. The undersigned will be bound by the terms of the Pledge Agreement and will comply with such terms insofar as such terms are applicable to the undersigned.

2. Upon the occurrence and during the continuance of an Event of Default, the undersigned will notify the Administrative Agent promptly in writing of the occurrence of any of the events described in Section 7.02 of the Pledge Agreement.

3. The terms of Sections 5.01 and 5.02 and Article XII of the Pledge Agreement shall apply to it, mutatis mutandis, with respect to all actions that may be required of the undersigned pursuant to Sections 5.01, 5.02 and Article XII of the Pledge Agreement.

4. The undersigned hereby (a) acknowledges receipt of a copy of the foregoing Pledge Agreement, (b) waives any rights or requirements at any time hereafter to receive a copy of the Pledge Agreement in connection with the registration of any Pledged Equity Securities (as defined in the Pledge Agreement) in the name of the Collateral Agent or its nominee or the exercise of voting rights by the Collateral Agent and (c) agrees promptly to note on its books and records the grant of the security interest in the Equity Securities of the undersigned as provided in such Pledge Agreement. The undersigned consents to the execution and delivery of the Pledge Agreement and the security interests and Liens created thereby and absolutely postpones any and all rights to a Lien on the Pledged Equity Securities or dividends declared on the Pledged Equity Securities to the rights of the Collateral Agent with respect to the Pledged Equity Securities thereunder.

 

 

By:  

 

Name:  

 

Title:  

 

 

-3-


Address:

c/o Chiquita Brands L.L.C.

250 East Fifth Street

Cincinnati, Ohio 45202

Attention:

Tel. No.

Fax No.

E-mail:

With a copy to:

 

General Counsel

Tel. No.

Fax No.

E-mail:

 

-4-


EXHIBIT A

PLEDGE INSTRUCTION

BY THIS PLEDGE INSTRUCTION, dated             , 200  ,                      (the “Member”), hereby instructs                     , a              limited liability company (the “Pledged Company”), to register a pledge in favor of Coöperatieve Centrale Raiffeisen - Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as collateral agent (the “Collateral Agent”) for itself and the other Secured Parties (under and as defined in that certain Credit Agreement dated as of March 31, 2008), of all of the Member’s, right, title and interest in and to the Pledged Collateral, whether now owned or hereafter acquired by the Member (the “Membership Interest”).

1. PLEDGE INSTRUCTIONS. The Pledged Company is hereby instructed by the Member to register all of the Member’s right, title and interest in and to all of the Member’s interests and/or membership interests in the Pledged Company as subject to a pledge and Pledge Agreement in favor of the Collateral Agent (in accordance with and subject to that certain Pledge Agreement, in the form as Annex A) which, upon such registration, shall become the registered pledgee of the Membership Interest with all rights incident thereto.

2. INITIAL TRANSACTION STATEMENT. The Pledged Company is further instructed by the Member to promptly inform the Collateral Agent of the registration of the pledge by sending the initial transaction statement, in the form as Annex B, to Coöperatieve Centrale Raiffeisen - Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Collateral Agent, 245 Park Avenue, 37th Floor, New York, New York 10167-0062, Attention: Loan Syndications.

3. WARRANTIES OF THE MEMBER. The Member hereby warrants that (a) the Member is an appropriate person to originate this instruction; and (b) the Member is entitled to effect the instruction contained herein.

[signature page follows]

 

-i-


IN WITNESS WHEREOF, the Member has caused this Pledge Instruction to be duly signed and delivered as of the date first above written.

MEMBER:

 

By:                                                                             ,
  a                                                                       
  [By:                                                            ,
    its Managing Member
    By:  

 

    Title:  

 

Address:

c/o Chiquita Brands L.L.C.

250 East Fifth Street

Cincinnati, Ohio 45202

Attention:

Tel. No.

Fax No.

E-mail:

With a copy to:

 

General Counsel

Tel. No.

Fax No.

E-mail:

 

-ii-


ANNEX A

to

Pledge Instruction

Form of Pledge Agreement

 

-iii-


ANNEX B

to

Pledge Instruction

Form of Initial Transaction Statement

Coöperatieve Centrale Raiffeisen –

Boerenleenbank B.A., “Rabobank

Nederland”, New York Branch,

as the Collateral Agent

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

On                  , 20    , the undersigned,                             , a                                          limited liability company (the “Pledged Company”), caused the pledge of 100% of the interests in the Pledged Company (the “Membership Interest”) by                     , in favor of Coöperatieve Centrale Raiffeisen - Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Collateral Agent, to be registered on the books and records of the Pledged Company. Except for the terms and conditions contained in the [Limited Liability Company Agreement] of the Pledged Company, the undersigned has no knowledge of any Liens, restrictions or adverse claims to which the Membership Interest is or may be subject, as of the date hereof.

 

                                                                                  ,
a                      limited liability company

 

By:                                                                ,
  its Managing Member
By:  

 

 
Title:  

 

 

 

-iv-


EXHIBIT J

[FORM OF] PARENT GUARANTEE AGREEMENT

THIS PARENT GUARANTEE AGREEMENT (this “Guarantee Agreement”) dated as of March 31, 2008 is made by CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (the “Guarantor”), in favor of the Secured Parties (as defined in the Credit Agreement referred to below).

RECITALS

A. The Guarantor is the parent, and owns as of the date hereof 100% of the outstanding equity, of CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Company”).

B. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Credit Agreement) by and among the Company, the Guarantor, each of the Lenders party thereto from time to time, Coöperative Centrale Raiffeisen – Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Persons party thereto, the Lenders are willing to make certain financial accommodations available to the Company from time to time pursuant to the terms and conditions thereof.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Company as provided for in the Credit Agreement, the Guarantor has agreed to execute and deliver this Guarantee Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and in order to induce the Lenders to make Loans and the L/C Issuers to issue Letters of Credit under the Credit Agreement and the Lenders or Lenders’ Affiliates to enter into Lender Rate Contracts from time to time, the Guarantor hereby agrees as follows:

Section 1. Guarantee. (a) The Guarantor hereby absolutely, unconditionally and irrevocably guarantees the full and prompt payment and performance when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all Secured Obligations now or hereafter existing (including any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Secured Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, contract causes of action, costs, expenses or otherwise (such Secured Obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses


(including fees and expenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guarantee Agreement or any other Credit Document. Without limiting the generality of the foregoing, the Guarantor’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by the Company to any Secured Party under or in respect of the Credit Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving the Company.

(b) The Guarantor hereby unconditionally and irrevocably agrees that in the event any payment shall be required to be made to any Secured Party under this Guarantee Agreement or any other Guarantee Agreement, the Guarantor will contribute, to the maximum extent permitted by law, such amounts to each other guarantor so as to maximize the aggregate amount paid to the Secured Parties under or in respect of the Credit Documents.

Section 2. Guarantee Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Credit Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party with respect thereto. The liabilities and obligations of the Guarantor under or in respect of this Guarantee Agreement are independent of the Guaranteed Obligations or any other liabilities or obligations of any other Loan Party under or in respect of the Credit Documents, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce this Guarantee Agreement, irrespective of whether any action is brought against the Company or any other Loan Party or whether the Company or any other Loan Party is joined in any such action or actions. The liability of the Guarantor under this Guarantee Agreement shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following:

(a) any lack of validity or enforceability of any Credit Document or any agreement or instrument relating thereto;

(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Guaranteed Obligations or any other liabilities or obligations of any other Loan Party under or in respect of the Credit Documents, or any other amendment or waiver of or any consent to departure from any Credit Document, including any increase in the Guaranteed Obligations resulting from the extension of additional credit to any Loan Party or any of its Subsidiaries or otherwise;

(c) any taking, exchange, release or non-perfection of any Collateral or any other collateral, or any taking, release or amendment or waiver of, or consent to departure from, any other Guarantee Agreement, for all or any of the Guaranteed Obligations;

(d) any manner of application of Collateral or any other collateral, or proceeds thereof, to all or any of the Guaranteed Obligations, or any manner of sale or other disposition of any Collateral or any other collateral for all or any of the Guaranteed

 

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Obligations or any other liabilities or obligations of any Loan Party under the Credit Documents or any other assets of any Loan Party or any of its Subsidiaries;

(e) any change, restructuring or termination of the corporate structure or existence of any Loan Party or any of its Subsidiaries;

(f) any failure of any Secured Party to disclose to any Loan Party any information relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party now or hereafter known to such Secured Party (the Guarantor waiving any duty on the part of the Secured Parties to disclose such information);

(g) the failure of any other Person to execute or deliver any other Guarantee Agreement or agreement or the release or reduction of liability of any other guarantor or surety with respect to the Guaranteed Obligations; or

(h) any other circumstance (including any statute of limitations) or any existence of or reliance on any representation by any Secured Party that might otherwise constitute a defense available to, or a discharge of, any Loan Party or any other guarantor or surety.

This Guarantee Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any Secured Party or any other Person upon the insolvency, bankruptcy or reorganization of the Company or any other Loan Party or otherwise, all as though such payment had not been made.

Section 3. Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guarantee Agreement and any requirement that any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against any Loan Party or any other Person or any Collateral.

(b) The Guarantor hereby unconditionally and irrevocably waives any right to revoke this Guarantee Agreement and acknowledges that this Guarantee Agreement is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future.

(c) The Guarantor hereby unconditionally and irrevocably waives (i) any defense arising by reason of any claim or defense based upon an election of remedies by any Secured Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of the Guarantor or other rights of the Guarantor to proceed against any of the other Loan Parties, any other guarantor or any other Person or any Collateral and (ii) any defense based on any right of set-off or counterclaim against or in respect of the liabilities or obligations of the Guarantor hereunder.

 

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(d) The Guarantor acknowledges that the Administrative Agent may, without notice to or demand upon the Guarantor and without affecting the liability of the Guarantor under this Guarantee Agreement, foreclose under any mortgage by nonjudicial sale, and the Guarantor hereby waives any defense to the recovery by the Administrative Agent and the other Secured Parties against the Guarantor of any deficiency after such nonjudicial sale and any defense or benefits that may be afforded by applicable law.

(e) The Guarantor hereby unconditionally and irrevocably waives any duty on the part of any Secured Party to disclose to the Guarantor any matter, fact or thing relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party or any of its Subsidiaries now or hereafter known by such Secured Party.

(f) The Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements contemplated by the Credit Documents and that the waivers set forth in Section 2 and this Section 3 are knowingly made in contemplation of such benefits.

Section 4. Subrogation. The Guarantor hereby unconditionally and irrevocably agrees not to exercise any rights that it may now have or hereafter acquire against the Company, any other Loan Party or any other guarantor that arise from the existence, payment, performance or enforcement of the Guarantor’s liabilities or obligations under or in respect of this Guarantee Agreement or any other Credit Document, including any right of subrogation, reimbursement, exoneration, contribution or indemnification and any right to participate in any claim or remedy of any Secured Party against the Company, any other Loan Party or any other guarantor or any Collateral, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, including the right to take or receive from the Company, any other Loan Party or any other guarantor, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim, remedy or right, unless and until all of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement shall have been indefeasibly paid in full in cash, all Letters of Credit and all Lender Rate Contracts shall have expired or been terminated and the Commitments shall have expired or been terminated. If any amount shall be paid to the Guarantor in violation of the immediately preceding sentence at any time prior to the latest of (a) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement, (b) the applicable Termination Date and (c) the latest date of expiration or termination of all Letters of Credit and all Lender Rate Contracts, such amount shall be received and held in trust for the benefit of the Secured Parties, shall be segregated from other property and funds of the Guarantor and shall forthwith be paid or delivered to the Administrative Agent in the same form as so received (with any necessary endorsement or assignment) to be credited and applied to the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement, whether matured or unmatured, in accordance with the terms of the Credit Documents, or to be held as Collateral for any Guaranteed Obligations or other amounts payable under this Guarantee Agreement thereafter arising. If (i) the Guarantor shall make payment to any Secured Party of all or any part of the Guaranteed Obligations, (ii) all of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement shall have been indefeasibly paid in full in

 

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cash, (iii) the applicable Termination Date shall have occurred and (iv) all Letters of Credit and all Lender Rate Contracts shall have expired or been terminated, the Secured Parties will, at the Guarantor’s request and expense, execute and deliver to the Guarantor appropriate documents, without recourse and without representation or warranty, necessary to evidence the transfer by subrogation to the Guarantor of an interest in the Guaranteed Obligations resulting from such payment made by the Guarantor pursuant to this Guarantee Agreement.

Section 5. Taxes on Payments. (a) Payments Free of Taxes. Any and all payments by or for the account of the Guarantor hereunder, or in respect of this Guarantee Agreement or any other Credit Document, shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding net income taxes (and franchise taxes imposed in lieu thereof) imposed on the Administrative Agent or any Lender as a result of a present or former connection between the Administrative Agent or such Lender and the jurisdiction imposing such tax, levy, impost or withholding or any Governmental Authority, political subdivision or taxing authority thereof or therein (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities in respect of payments hereunder or under this Guarantee Agreement being hereinafter referred to as “Taxes”). If the Guarantor shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable under this Guarantee Agreement or other Credit Documents to any Lender, (i) the Guarantor shall make all such deductions or withholdings, (ii) the Guarantor shall pay the full amount deducted or withheld to the relevant Governmental Authority, taxation authority or other authority in accordance with applicable law and (iii) the sum payable by the Guarantor shall be increased as may be necessary so that after the Guarantor, the Administrative Agent and such Lender, as the case may be, have made all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 5) the Administrative Agent or such Lender receives an amount equal to the sum it would have received had no such deductions or withholdings been made, provided that the Guarantor shall not be required to pay any additional amounts in respect of any Taxes pursuant to this Section 5(a) to the extent that (i) such Taxes are required to be withheld from any amounts payable to the Administrative Agent or any Lender hereunder or under the other Credit Documents to a Lender which is not organized under the laws of the US or a state thereof (including the District of Columbia) at the time such Lender becomes a party to the Credit Documents (or designates a new lending office outside the US or after becoming a party to the Credit Documents becomes organized under laws outside the US or a state thereof) or is attributable to such Lender’s failure or inability (other than as a result of a Change in Law) to comply with delivery of appropriate documentation in accordance with Section 5(e) hereof, except to the extent that (x) such Lender (or its Assignee Lender, if any) was entitled, at the time of designation of a new lending office outside the US or a state thereof (or at the time of assignment to the Assignee Lender), to receive additional amounts from the Guarantor with respect to such Taxes or (y) such Lender is an Assignee Lender and/or Replacement Lender, as the case may be, becoming a party to the Credit Documents at the Company’s request.

(b) Other Taxes. In addition, the Guarantor shall pay to the relevant Governmental Authority or taxing authority in accordance with applicable law, and indemnify and hold the Administrative Agent and Lenders harmless from, any present or future stamp,

 

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documentary, excise, intangible, property, mortgage recording or similar taxes, charges or levies that arise from the delivery or registration of, performance under, or otherwise with respect to, this Guarantee Agreement or any other Credit Document (hereinafter referred to as “Other Taxes”).

(c) Indemnity. The Guarantor shall indemnify each Lender and the Administrative Agent for and hold them harmless against the full amount of Taxes and Other Taxes, and for the full amount of taxes of any kind imposed by any jurisdiction on amounts payable under this Section 5, imposed on or paid by such Lender or the Administrative Agent (as the case may be) and any liability (including Governmental Charges, penalties, additions to tax, interest and expenses, other than to the extent arising as a result of the Lender’s or Administrative Agent’s gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction) arising therefrom or with respect thereto. This indemnification shall be made within 30 days from the date such Lender or the Administrative Agent (as the case may be) makes written demand therefor.

(d) Tax Receipt. Within 30 days after the date of any payment of Taxes in respect of this Guarantee Agreement, the Guarantor shall furnish to the Administrative Agent the original or a certified copy of a receipt evidencing such payment.

(e) Withholding Exemption Certificates. Within 30 days after becoming a party hereto and on or before the date, if any, that any Lender (or participant, as applicable) changes its applicable lending office by designating a different lending office, and from time to time thereafter as reasonably requested in writing by Administrative Agent or the Guarantor (but only so long thereafter as such Lender remains lawfully able to do so): (i) each Lender that is a US Person that is not a “domestic” corporation (as defined in IRC Section 7701) shall provide each of the Administrative Agent and the Guarantor with one original US Internal Revenue Service Form W-9, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and the Guarantor and (ii) each Lender that is organized under the laws of a jurisdiction outside the US shall provide each of the Administrative Agent and the Guarantor with (A) either (1) two original US Internal Revenue Service Forms W-8ECI, W-8BEN or W-8IMY, as appropriate, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and the Guarantor or (2) a certificate that it is not (x) a “bank” (as defined in IRC Section 881(c)(3)(A)), (y) a 10% shareholder (within the meaning of IRC Section 871(h)(3)(B)) of the Guarantor or (z) a controlled foreign corporation related to the Guarantor (within the meaning of IRC Section 864(d)(4)), and (A) two original US Internal Revenue Service Form W-8BEN or Form W-8IMY, as appropriate, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and the Guarantor. Each Lender shall deliver such new forms and documents prescribed by the US Internal Revenue Service upon the expiration or obsolescence of any previously delivered forms or other documents referred to in this Section 5, or after the occurrence of any event requiring a change in the most recent forms or other documents delivered by such Lender. Each Lender shall promptly provide written notice to each of the Administrative Agent and the Guarantor at any time it determines that it is no longer in a position to provide any previously delivered form or other document (or

 

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any other form of certification adopted by the US Internal Revenue Service for such purpose). Each Lender providing one or more forms or certificates pursuant to this Section 5(e) hereby represents, covenants and warrants the accuracy of the information provided therein.

(f) Tax Returns. Nothing contained in this Section 5 shall require any Lender or the Administrative Agent to make available any of its tax returns or any other information that it deems to be confidential or proprietary. Nothing herein contained shall interfere with the rights of each Lender to arrange its tax affairs in whatever manner it thinks fit and, in particular, each Lender shall be under no obligation to claim credit, relief, remission or repayment from or against its corporate profits or similar tax liability in respect of the amount of such deduction or withholding in priority to any other claims, reliefs, credits or deductions available to it or to disclose any information relating to its tax affairs.

(g) Treatment of Certain Refunds. If the Administrative Agent or any Lender determines, in its sole discretion, that it has received a refund of any Taxes or Other Taxes (or a credit therefor) as to which it has been indemnified by the Guarantor or with respect to which the Guarantor has paid additional amounts pursuant to this Section 5, it shall pay to the Guarantor an amount equal to such refund or credit (but only to the extent of indemnity payments made, or additional amounts paid, by the Guarantor under this Section 5 with respect to the Taxes or Other Taxes giving rise to such refund), net of all out-of-pocket expenses of the Administrative Agent or any such Lender, as the case may be, and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund); provided that the Guarantor, upon the request of the Administrative Agent or any such Lender, agrees to repay the amount paid over to the Guarantor (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to the Administrative Agent or any such Lender in the event the Administrative Agent or any such Lender is required to repay such refund to such Governmental Authority. This Section 5(g) shall not be construed to require the Administrative Agent or any Lender to make available its tax returns (or any other information relating to its taxes that it deems confidential) to the Guarantor or any other Person.

Section 6. Representations and Warranties. As of the date hereof and as of the date of each Credit Event, the Guarantor represents to the Administrative Agent and the other Secured Parties, subject to the qualifications in Article IV and elsewhere of the Credit Agreement, that each of the representations and warranties applicable to it under the Credit Agreement are true and correct in all material respects (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be true and correct in all respects) as if made by such Guarantor.

Section 7. Covenants. (a) The Guarantor agrees to comply with and be bound by each of the covenants, agreements and conditions in the Credit Agreement applicable to it.

(b) Until the termination of the Commitments and the satisfaction in full by the Company of all Obligations (other than Unaccrued Indemnity Claims), and unless the

 

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Required Lenders shall otherwise consent in writing, the Guarantor will comply and/or will cause the Company and/or each of the other Significant Parties, as applicable, to comply with (i) each of the affirmative covenants set forth in Section 5.01 of the Credit Agreement, (ii) each of the negative covenants set forth in Section 5.02 of the Credit Agreement, and (iii) each of the Financial Covenants set forth in Section 5.03 of the Credit Agreement, as if the Guarantor were a party to the Credit Agreement.

Section 8. Amendments, Etc. Neither this Guarantee Agreement nor any provision hereof shall be amended, modified, waived or discharged orally or by course of conduct, but only by a written agreement signed by an authorized officer of the Administrative Agent, on behalf of itself and the other Secured Parties. The Administrative Agent shall not by any act, delay, omission or otherwise be deemed to have expressly or impliedly waived any of its rights, powers and/or remedies unless such waiver shall be in writing and signed by an authorized officer of the Administrative Agent. Any such waiver shall be enforceable only to the extent specifically set forth therein. A waiver by the Administrative Agent of any right, power and/or remedy on any one occasion shall not be construed as a bar to or waiver of any such right, power and/or remedy which the Administrative Agent would otherwise have on any future occasion, whether similar in kind or otherwise.

Section 9. Notices, Etc. All notices required or permitted to be given under this Guaranty Agreement shall be in conformance with Section 8.01 of the Credit Agreement; all notices to the Administrative Agent shall be sent to the address of the Administrative Agent set forth on Schedule IV to the Credit Agreement, all notices to a Lender shall be sent to the address of such Lender set forth on the Register and all notices to the Guarantor shall be sent to the Guarantor’s address as set forth on Schedule 9 hereof.

Section 10. No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Section 11. Right of Set-off. In addition to any rights and remedies of the Lenders provided by law, each Lender shall have the right, with the prior consent of the Administrative Agent but without prior notice to or consent of the Guarantor, any such notice and consent being expressly waived by the Guarantor to the extent permitted by applicable laws upon the occurrence and during the continuance of an Event of Default, to set-off and apply against the Secured Obligations any amount owing from such Lender to the Guarantor. The aforesaid right of set-off may be exercised by such Lender against the Guarantor or against any trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, receiver or execution, judgment or attachment creditor of the Guarantor or against anyone else claiming through or against the Guarantor or

 

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such trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, receiver, or execution, judgment or attachment creditor, notwithstanding the fact that such right of set-off may not have been exercised by such Lender at any prior time. Each Lender agrees promptly to notify the Guarantor after any such set-off and application made by such Lender; provided that the failure to give such notice shall not affect the validity of such set-off and application.

Section 12. Survival. Without prejudice to the survival of any of the other agreements of the Guarantor under this Guarantee Agreement or any of the other Credit Documents, the agreements and obligations of the Guarantor contained in Section 1(a) (with respect to enforcement expenses), the last sentence of Section 2, Section 5 and this Section 12 shall survive the payment in full of the Guaranteed Obligations and all of the other amounts payable under this Guarantee Agreement.

Section 13. Subordination. The Guarantor hereby subordinates any and all debts, liabilities and other obligations owed to the Guarantor by each other Loan Party (the “Subordinated Obligations”) to the Guaranteed Obligations to the extent and in the manner hereinafter set forth in this Section 13:

(a) Prohibited Payments, Etc. The Guarantor may receive regularly scheduled payments from any other Loan Party on account of the Subordinated Obligations unless an Event of Default has occurred and is continuing that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party), and the Administrative Agent has delivered notice to the Guarantor that such payments may not be made or received. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery of such notice, however, unless the Administrative Agent otherwise agrees, the Guarantor shall not demand, accept or take any action to collect any payment on account of the Subordinated Obligations.

(b) Prior Payment of Guaranteed Obligations. In any proceeding under any Debtor Relief Law relating to any other Loan Party, the Guarantor agrees that the Secured Parties shall be entitled to receive indefeasible payment in full in cash of all Guaranteed Obligations (including all interest and expenses accruing after the commencement of a proceeding under any Debtor Relief Law, whether or not constituting an allowed claim in such proceeding (“Post-Petition Interest”)) before the Guarantor receives payment of any Subordinated Obligations.

(c) Turn-Over. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any

 

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Debtor Relief Law relating to any other Loan Party) and delivery by the Administrative Agent of the notice described in Section 13(a), the Guarantor shall, if the Administrative Agent so requests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Secured Parties and deliver such payments to the Administrative Agent on account of the Guaranteed Obligations (including all Post-Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of the Guarantor under the other provisions of this Guarantee Agreement.

(d) Administrative Agent Authorization. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery by the Collateral Agent of the notice described in Section 13(a), the Administrative Agent is authorized and empowered (but without any obligation to so do), in its discretion, (i) in the name of the Guarantor, to collect and enforce, and to submit claims in respect of, Subordinated Obligations and to apply any amounts received thereon to the Guaranteed Obligations (including any and all Post-Petition Interest), and (ii) to require the Guarantor (A) to collect and enforce, and to submit claims in respect of, Subordinated Obligations and (B) to pay any amounts received on such obligations to the Administrative Agent for application to the Guaranteed Obligations (including any and all Post-Petition Interest).

Section 14. Continuing Guarantee; Assignments under the Credit Agreement. This Guarantee Agreement is a continuing Guarantee and shall (a) remain in full force and effect until the latest of (i) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement, (ii) the applicable Termination Date and (iii) the latest date of expiration or termination of all Letters of Credit and all Lender Rate Contracts, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, transferees and assigns. Without limiting the generality of clause (c) of the immediately preceding sentence, any Secured Party may assign or otherwise transfer all or any portion of its rights and obligations under the Credit Agreement (including all or any portion of its Commitments, the Loans owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise, in each case as and to the extent provided in Section 8.05 of the Credit Agreement. The Guarantor shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Administrative Agent and the requisite Lenders required under Section 8.04 of the Credit Agreement.

Section 15. Execution in Counterparts. This Guarantee Agreement and each amendment, waiver and consent with respect hereto may be executed in any number of counterparts and by different parties thereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Transmission by facsimile

 

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or other electronic transmission of an executed counterpart of this Guaranty Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

Section 16. Governing Law; Jurisdiction; Waiver of Jury Trial, Etc. (a) This Guarantee Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law). The scope of the foregoing governing law provision is intended to be all-encompassing of any and all disputes that may be brought in any court or any mediation or arbitration proceeding and that relate to the subject matter of the Credit Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims.

(b) Submission to Jurisdiction. The Guarantor irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Guarantee Agreement may be brought against such party in any such courts. Final judgment against the Guarantor in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Section 16(b) shall affect the right of the Administrative Agent or any other Secured Party to commence legal proceedings or otherwise sue the Guarantor in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon the Guarantor in any manner authorized by the laws of any such jurisdiction. The Guarantor agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The Guarantor irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to in the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Guarantee Agreement or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Guarantee Agreement or any other Credit Document to post security for the costs of the Guarantor or to post a bond or to take similar action.

(c) WAIVER OF JURY TRIAL. EACH OF THE GUARANTOR, AND, BY ITS ACCEPTANCE HEREOF, THE ADMINISTRATIVE AGENT AND THE OTHER SECURED PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS GUARANTEE AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

 

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Section 17. No Liability of the Administrative Agent. Neither the Administrative Agent nor any other Secured Party shall have any liability to the Guarantor (whether in tort, contract, equity or otherwise) for losses suffered by the Guarantor in connection with, arising out of, or in any way related to the transactions or relationships contemplated by this Guarantee Agreement, or any act, omission or event occurring in connection herewith, unless it is determined by a final and non-appealable judgment or court order binding on the Administrative Agent and such other Secured Party, as the case may be, that the losses were the result of acts or omissions constituting gross negligence or willful misconduct of the Administrative Agent or such other Secured Party, as the case may be, as determined by a final non-appealable judgment of a court of competent jurisdiction. In any such litigation, each of the Administrative Agent and the other Secured Parties shall be entitled to the benefit of the rebuttable presumption each of the Administrative Agent and the other Secured Parties acted in good faith and with the exercise of ordinary care in the performance by it of the terms of the Credit Agreement and the other Credit Documents.

Section 18. Partial Invalidity. If at any time any provision of this Guarantee Agreement is or becomes illegal, invalid or unenforceable in any respect under the law or any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Guaranty Agreement nor the legality, validity or enforceability of such provisions under the law of any other jurisdiction shall in any way be affected or impaired thereby.

Section 19. Lender Rate Contracts. So long as the terms thereof are in compliance with the Credit Agreement, each Lender Rate Contract shall be guaranteed by this Guarantee Agreement to the extent, and, notwithstanding any other provision, if any, in this Guarantee Agreement, only to the extent provided in the Credit Agreement, including Section 7.07 of the Credit Agreement. Such guarantee shall be on a silent basis, so that, notwithstanding any other provision, if any, in this Guarantee Agreement, the Credit Agreement or any other Credit Document, no holders of Lender Rate Contracts shall be able to take any action in respect of this Guarantee Agreement nor instruct the Administrative Agent or the Required Lenders to take any action in respect of this Guarantee Agreement.

Section 20. Construction. This Guarantee Agreement is the result of negotiations among, and has been reviewed by, the Guarantor, the Administrative Agent and their respective counsel. Accordingly, this Guarantee Agreement shall be deemed to be the product of all parties hereto, and no ambiguity shall be construed in favor of or against the Guarantor, the Administrative Agent or any other Secured Party.

Section 21. Interpretation. The provisions of Sections 1.04, 1.05, 1.07, 1.10 and 1.11 of the Credit Agreement are hereby incorporated into this Guarantee Agreement by reference.

[Remainder of page intentionally left blank.]

 

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IN WITNESS WHEREOF, the Guarantor has caused this Guarantee Agreement to be duly executed and delivered by its officer thereunto duly authorized as of the date first above written.

 

CHIQUITA BRANDS INTERNATIONAL, INC.
By  

 

  Name:
  Title:

 

PARENT GUARANTEE AGREEMENT


EXHIBIT K

[FORM OF] SUBSIDIARY GUARANTEE AGREEMENT

THIS SUBSIDIARY GUARANTEE AGREEMENT (this “Guarantee Agreement”) dated as of March 31, 2008, is made by the Persons listed on the signature pages hereof under the caption “Subsidiary Guarantors” and the Additional Guarantors (as defined in Section 8(b)) (such Persons so listed and the Additional Guarantors being, collectively, the “Guarantors” and, individually, each a “Guarantor”) in favor of the Secured Parties (as defined in the Credit Agreement referred to below).

RECITALS

A. Each of the Guarantors as of the time of execution hereof is a Subsidiary of Chiquita Brands L.L.C., a Delaware limited liability company (the “Company”).

B. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Credit Agreement) by and among the Company, Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), each of the Lenders party thereto from time to time, Coöperatieve Centrale Raiffeisen - Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Persons party thereto, the Lenders are willing to make certain financial accommodations available to the Company from time to time pursuant to the terms and conditions thereof.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Company as provided for in the Credit Agreement, the Guarantors have agreed to execute and deliver this Guarantee Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and in order to induce the Lenders to make Loans and the L/C Issuers to issue Letters of Credit under the Credit Agreement and the Lenders or the Lenders’ Affiliates to enter into Lender Rate Contracts from time to time, each Guarantor, jointly and severally with each other Guarantor, hereby agrees as follows:

Section 1. Guarantee; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees the full and prompt payment and performance when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all Secured Obligations now or hereafter existing (including any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Secured Obligations),


whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, contract causes of action, costs, expenses or otherwise (such Secured Obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including fees and expenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guarantee Agreement or any other Credit Document. Without limiting the generality of the foregoing, each Guarantor’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by the Company to any Secured Party under or in respect of the Credit Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving the Company.

(b) Each Guarantor, and by its acceptance of this Guarantee Agreement, the Administrative Agent and each other Secured Party, hereby confirms that it is the intention of all such Persons that this Guarantee Agreement and the liabilities and obligations of each Guarantor hereunder not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law (as hereinafter defined), the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar foreign, federal or state law to the extent applicable to this Guarantee Agreement and the liabilities and obligations of each Guarantor hereunder. To effectuate the foregoing intention, the Administrative Agent, the other Secured Parties and the Guarantors hereby irrevocably agree that the liabilities and obligations of each Guarantor under this Guarantee Agreement at any time shall be limited to the maximum amount as will result in the liabilities and obligations of such Guarantor under this Guarantee Agreement not constituting a fraudulent transfer or conveyance. For purposes hereof, “Bankruptcy Law” means any proceeding of the type referred to in Section 6.01(f) or (g) of the Credit Agreement or the Bankruptcy Code, or any similar foreign, federal or state law for the relief of debtors.

(c) Each Guarantor hereby unconditionally and irrevocably agrees that in the event any payment shall be required to be made to any Secured Party under this Guarantee Agreement or any other Guarantee Agreement (other than the Parent Guarantee Agreement), such Guarantor will contribute, to the maximum extent permitted by law, such amounts to each other Guarantor (other than the Parent Guarantor) and each other guarantor so as to maximize the aggregate amount paid to the Secured Parties under or in respect of the Credit Documents.

(d) Notwithstanding anything to the contrary set forth herein, no Guarantor hereunder guarantees or shall guarantee, directly or indirectly, any Secured Obligations of CBII.

Section 2. Guarantee Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Credit Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party with respect thereto. The liabilities and obligations of each Guarantor under or in respect of this Guarantee Agreement are independent of the Guaranteed Obligations or any other liabilities or obligations of any other Loan Party under or in respect of the Credit Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce this Guarantee Agreement, irrespective of whether any action is brought against the Company or any other Loan Party or whether the Company or any other Loan Party is joined in

 

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any such action or actions. The liability of each Guarantor under this Guarantee Agreement shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following:

(a) any lack of validity or enforceability of any Credit Document or any agreement or instrument relating thereto;

(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Guaranteed Obligations or any other liabilities or obligations of any other Loan Party under or in respect of the Credit Documents, or any other amendment or waiver of or any consent to departure from any Credit Document, including any increase in the Guaranteed Obligations resulting from the extension of additional credit to any Loan Party or any of its Subsidiaries or otherwise;

(c) any taking, exchange, release or non-perfection of any Collateral or any other collateral, or any taking, release or amendment or waiver of, or consent to departure from, any other Guarantee Agreement, for all or any of the Guaranteed Obligations;

(d) any manner of application of Collateral or any other collateral, or proceeds thereof, to all or any of the Guaranteed Obligations, or any manner of sale or other disposition of any Collateral or any other collateral for all or any of the Guaranteed Obligations or any other liabilities or obligations of any Loan Party under the Credit Documents or any other assets of any Loan Party or any of its Subsidiaries;

(e) any change, restructuring or termination of the corporate structure or existence of any Loan Party or any of its Subsidiaries;

(f) any failure of any Secured Party to disclose to any Loan Party any information relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party now or hereafter known to such Secured Party (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information);

(g) the failure of any other Person to execute or deliver this Guarantee Agreement, any Guarantee Supplement (as hereinafter defined) or any other Guarantee Agreement or agreement or the release or reduction of liability of any Guarantor or other guarantor or surety with respect to the Guaranteed Obligations; or

(h) any other circumstance (including any statute of limitations) or any existence of or reliance on any representation by any Secured Party that might otherwise constitute a defense available to, or a discharge of, any Loan Party or any other guarantor or surety.

This Guarantee Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any Secured Party or any other Person upon the insolvency, bankruptcy or

 

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reorganization of the Company or any other Loan Party or otherwise, all as though such payment had not been made.

Section 3. Waivers and Acknowledgments. (a) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guarantee Agreement and any requirement that any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against any Loan Party or any other Person or any Collateral.

(b) Each Guarantor hereby unconditionally and irrevocably waives any right to revoke this Guarantee Agreement and acknowledges that this Guarantee Agreement is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future.

(c) Each Guarantor hereby unconditionally and irrevocably waives (i) any defense arising by reason of any claim or defense based upon an election of remedies by any Secured Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Guarantor or other rights of such Guarantor to proceed against any of the other Loan Parties, any other guarantor or any other Person or any Collateral and (ii) any defense based on any right of set-off or counterclaim against or in respect of the liabilities or obligations of such Guarantor hereunder.

(d) Each Guarantor acknowledges that the Administrative Agent may, without notice to or demand upon such Guarantor and without affecting the liability of such Guarantor under this Guarantee Agreement, foreclose under any mortgage by nonjudicial sale, and each Guarantor hereby waives any defense to the recovery by the Administrative Agent and the other Secured Parties against such Guarantor of any deficiency after such nonjudicial sale and any defense or benefits that may be afforded by applicable law.

(e) Each Guarantor hereby unconditionally and irrevocably waives any duty on the part of any Secured Party to disclose to such Guarantor any matter, fact or thing relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party or any of its Subsidiaries now or hereafter known by such Secured Party.

(f) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements contemplated by the Credit Documents and that the waivers set forth in Section 2 and this Section 3 are knowingly made in contemplation of such benefits.

Section 4. Subrogation. Each Guarantor hereby unconditionally and irrevocably agrees not to exercise any rights that it may now have or hereafter acquire against the Company, any other Loan Party

 

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or any other guarantor that arise from the existence, payment, performance or enforcement of such Guarantor’s liabilities or obligations under or in respect of this Guarantee Agreement or any other Credit Document, including any right of subrogation, reimbursement, exoneration, contribution or indemnification and any right to participate in any claim or remedy of any Secured Party against the Company, any other Loan Party or any other guarantor or any Collateral, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, including the right to take or receive from the Company, any other Loan Party or any other guarantor, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim, remedy or right, unless and until all of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement shall have been indefeasibly paid in full in cash, all Letters of Credit and all Lender Rate Contracts shall have expired or been terminated and the Commitments shall have expired or been terminated. If any amount shall be paid to any Guarantor in violation of the immediately preceding sentence at any time prior to the latest of (a) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement, (b) the applicable Termination Date and (c) the latest date of expiration or termination of all Letters of Credit and all Lender Rate Contracts, such amount shall be received and held in trust for the benefit of the Secured Parties, shall be segregated from other property and funds of such Guarantor and shall forthwith be paid or delivered to the Administrative Agent in the same form as so received (with any necessary endorsement or assignment) to be credited and applied to the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement, whether matured or unmatured, in accordance with the terms of the Credit Documents, or to be held as Collateral for any Guaranteed Obligations or other amounts payable under this Guarantee Agreement thereafter arising. If (i) any Guarantor shall make payment to any Secured Party of all or any part of the Guaranteed Obligations, (ii) all of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement shall have been indefeasibly paid in full in cash, (iii) the applicable Termination Date shall have occurred and (iv) all Letters of Credit and all Lender Rate Contracts shall have expired or been terminated, the Secured Parties will, at such Guarantor’s request and expense, execute and deliver to such Guarantor appropriate documents, without recourse and without representation or warranty, necessary to evidence the transfer by subrogation to such Guarantor of an interest in the Guaranteed Obligations resulting from such payment made by such Guarantor pursuant to this Guarantee Agreement.

Section 5. Taxes on Payments. (a) Payments Free of Taxes. Any and all payments by or for the account of any Guarantor hereunder, or in respect of this Guarantee Agreement or any other Credit Document, shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding net income taxes (and franchise taxes imposed in lieu thereof) imposed on the Administrative Agent or any Lender as a result of a present or former connection between the Administrative Agent or such Lender and the jurisdiction imposing such tax, levy, impost or withholding or any Governmental Authority, political subdivision or taxing authority thereof or therein (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities in respect of payments hereunder or under this Guarantee Agreement being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable under this Guarantee Agreement or other Credit

 

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Documents to any Lender, (i) such Guarantor shall make all such deductions or withholdings, (ii) such Guarantor shall pay the full amount deducted or withheld to the relevant Governmental Authority, taxation authority or other authority in accordance with applicable law and (iii) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor, the Administrative Agent and such Lender, as the case may be, have made all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 5) the Administrative Agent or such Lender receives an amount equal to the sum it would have received had no such deductions or withholdings been made, provided that such Guarantor shall not be required to pay any additional amounts in respect of any Taxes pursuant to this Section 5(a) to the extent that (i) such Taxes are required to be withheld from any amounts payable to the Administrative Agent or any Lender hereunder or under the other Credit Documents to a Lender which is not organized under the laws of the US or a state thereof (including the District of Columbia) at the time such Lender becomes a party to the Credit Documents (or designates a new lending office outside the US or after becoming a party to the Credit Documents becomes organized under laws outside the US or a state thereof) or is attributable to such Lender’s failure or inability (other than as a result of a Change in Law) to comply with delivery of appropriate documentation in accordance with Section 5(e) hereof, except to the extent that (x) such Lender (or its Assignee Lender, if any) was entitled, at the time of designation of a new lending office outside the US or a state thereof (or at the time of assignment to the Assignee Lender), to receive additional amounts from such Guarantor with respect to such Taxes or (y) such Lender is an Assignee Lender and/or Replacement Lender, as the case may be, becoming a party to the Credit Documents at the Company’s request.

(b) Other Taxes. In addition, each Guarantor shall pay to the relevant Governmental Authority or taxing authority in accordance with applicable law, and indemnify and hold the Administrative Agent and Lenders harmless from, any present or future stamp, documentary, excise, intangible, property, mortgage recording or similar taxes, charges or levies that arise from the delivery or registration of, performance under, or otherwise with respect to, this Guarantee Agreement or any other Credit Document (hereinafter referred to as “Other Taxes”).

(c) Indemnity. Each Guarantor shall indemnify each Lender and the Administrative Agent for and hold them harmless against the full amount of Taxes and Other Taxes, and for the full amount of taxes of any kind imposed by any jurisdiction on amounts payable under this Section 5, imposed on or paid by such Lender or the Administrative Agent (as the case may be) and any liability (including Governmental Charges, penalties, additions to tax, interest and expenses, other than to the extent arising as a result of such Lender’s or the Administrative Agent’s gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction) arising therefrom or with respect thereto. This indemnification shall be made within 30 days from the date such Lender or the Administrative Agent (as the case may be) makes written demand therefor.

(d) Tax Receipt. Within 30 days after the date of any payment of Taxes in respect of this Guarantee Agreement, such Guarantor shall furnish to the Administrative Agent the original or a certified copy of a receipt evidencing such payment.

 

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(e) Withholding Exemption Certificates. Within 30 days after becoming a party hereto and on or before the date, if any, that any Lender (or participant, as applicable) changes its applicable lending office by designating a different lending office, and from time to time thereafter as reasonably requested in writing by the Administrative Agent or any Guarantor (but only so long thereafter as such Lender remains lawfully able to do so): (i) each Lender that is a US Person that is not a “domestic” corporation (as defined in IRC Section 7701) shall provide each of the Administrative Agent and such Guarantor with one original US Internal Revenue Service Form W-9, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and such Guarantor and (ii) each Lender that is organized under the laws of a jurisdiction outside the US shall provide each of the Administrative Agent and such Guarantor with (A) either (1) two original US Internal Revenue Service Forms W-8ECI, W-8BEN or W-8IMY, as appropriate, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and such Guarantor or (2) a certificate that it is not (x) a “bank” (as defined in IRC Section 881(c)(3)(A)), (y) a 10% shareholder (within the meaning of IRC Section 871(h)(3)(B)) of such Guarantor or (z) a controlled foreign corporation related to such Guarantor (within the meaning of IRC Section 864(d)(4)), and (A) two original US Internal Revenue Service Form W-8BEN or Form W-8IMY, as appropriate, or any successor or other form prescribed by the US Internal Revenue Service, properly completed and duly executed by an officer, and reasonably satisfactory to the Administrative Agent and such Guarantor. Each Lender shall deliver such new forms and documents prescribed by the US Internal Revenue Service upon the expiration or obsolescence of any previously delivered forms or other documents referred to in this Section 5, or after the occurrence of any event requiring a change in the most recent forms or other documents delivered by such Lender. Each Lender shall promptly provide written notice to each of the Administrative Agent and such Guarantor at any time it determines that it is no longer in a position to provide any previously delivered form or other document (or any other form of certification adopted by the US Internal Revenue Service for such purpose). Each Lender providing one or more forms or certificates pursuant to this Section 5(e) hereby represents, covenants and warrants the accuracy of the information provided therein.

(f) Tax Returns. Nothing contained in this Section 5 shall require any Lender or the Administrative Agent to make available any of its tax returns or any other information that it deems to be confidential or proprietary. Nothing herein contained shall interfere with the rights of each Lender to arrange its tax affairs in whatever manner it thinks fit and, in particular, each Lender shall be under no obligation to claim credit, relief, remission or repayment from or against its corporate profits or similar tax liability in respect of the amount of such deduction or withholding in priority to any other claims, reliefs, credits or deductions available to it or to disclose any information relating to its tax affairs.

(g) Treatment of Certain Refunds. If the Administrative Agent or any Lender determines, in its sole discretion, that it has received a refund of any Taxes or Other Taxes (or a credit therefor) as to which it has been indemnified by a Guarantor or with respect to which such Guarantor has paid additional amounts pursuant to this Section 5, it shall pay to such Guarantor an amount equal to such refund or credit (but only to the extent of indemnity payments made, or additional amounts paid, by such Guarantor under this Section 5 with respect to the Taxes or

 

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Other Taxes giving rise to such refund), net of all out-of-pocket expenses of the Administrative Agent or any such Lender, as the case may be, and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund); provided that such Guarantor, upon the request of the Administrative Agent or any such Lender, agrees to repay the amount paid over to such Guarantor (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to the Administrative Agent or any such Lender in the event the Administrative Agent or any such Lender is required to repay such refund to such Governmental Authority. This Section 5(g) shall not be construed to require the Administrative Agent or any Lender to make available its tax returns (or any other information relating to its taxes that it deems confidential) to any Guarantor or any other Person.

Section 6. Representations and Warranties. As of the date hereof and as of the date of each Credit Event, each Guarantor represents to the Administrative Agent and the other Secured Parties, subject to the qualifications in Article IV and elsewhere of the Credit Agreement, that each of the representations and warranties applicable to it under the Credit Agreement are true and correct in all material respects (unless any such representation or warranty is qualified as to materiality, in which case such representation and warranty shall be true and correct in all respects) as if made by such Guarantor.

Section 7. Covenants. Each Guarantor agrees to comply with and be bound by each of the covenants, agreements and conditions in the Credit Agreement applicable to it as if such Guarantor were a party to the Credit Agreement.

Section 8. Amendments, Guarantee Supplements, Etc. (a) Neither this Guarantee Agreement nor any provision hereof shall be amended, modified, waived or discharged orally or by course of conduct, but only by a written agreement signed by an authorized officer of the Administrative Agent, on behalf of itself and the other Secured Parties. The Administrative Agent shall not by any act, delay, omission or otherwise be deemed to have expressly or impliedly waived any of its rights, powers and/or remedies unless such waiver shall be in writing and signed by an authorized officer of the Administrative Agent. Any such waiver shall be enforceable only to the extent specifically set forth therein. A waiver by the Administrative Agent of any right, power and/or remedy on any one occasion shall not be construed as a bar to or waiver of any such right, power and/or remedy which the Administrative Agent would otherwise have on any future occasion, whether similar in kind or otherwise.

(b) Upon the execution and delivery by any Person of a guarantee supplement in substantially the form of Exhibit A hereto (each, a “Guarantee Supplement”), (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guarantee Agreement to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Credit Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and

 

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(ii) each reference herein to “this Guarantee Agreement”, “hereunder”, “hereof” or words of like import referring to this Guarantee Agreement, and each reference in any other Credit Document to the “Subsidiary Guarantee Agreement”, “thereunder”, “thereof” or words of like import referring to this Guarantee Agreement, shall mean and be a reference to this Guarantee Agreement as supplemented by such Guarantee Supplement.

Section 9. Notices, Etc. All notices required or permitted to be given under this Guaranty Agreement shall be in conformance with Section 8.01 of the Credit Agreement; all notices to the Administrative Agent shall be sent to the address of the Administrative Agent set forth on Schedule IV to the Credit Agreement, all notices to a Lender shall be sent to the address of such Lender set forth on the Register and all notices to any Guarantor shall be sent to such Guarantor’s address as set forth on Schedule 9 hereof.

Section 10. No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Section 11. Right of Set-off. In addition to any rights and remedies of the Lenders provided by law, each Lender shall have the right, with the prior consent of the Administrative Agent but without prior notice to or consent of any Guarantor, any such notice and consent being expressly waived by such Guarantor to the extent permitted by applicable laws upon the occurrence and during the continuance of an Event of Default, to set-off and apply against the Secured Obligations any amount owing from such Lender to such Guarantor. The aforesaid right of set-off may be exercised by such Lender against any Guarantor or against any trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, receiver or execution, judgment or attachment creditor of such Guarantor or against anyone else claiming through or against such Guarantor or such trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, receiver, or execution, judgment or attachment creditor, notwithstanding the fact that such right of set-off may not have been exercised by such Lender at any prior time. Each Lender agrees promptly to notify such Guarantor after any such set-off and application made by such Lender; provided that the failure to give such notice shall not affect the validity of such set-off and application.

Section 12. Survival. Without prejudice to the survival of any of the other agreements of any Guarantor under this Guarantee Agreement or any of the other Credit Documents, the agreements and obligations of each Guarantor contained in Section 1(a) (with respect to enforcement expenses), the last sentence of Section 2, Section 5 and this Section 12 shall survive the indefeasible payment in full of the Guaranteed Obligations and all of the other amounts payable under this Guarantee Agreement.

 

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Section 13. Subordination. Each Guarantor hereby subordinates any and all debts, liabilities and other obligations owed to such Guarantor by each other Loan Party (the “Subordinated Obligations”) to the Guaranteed Obligations to the extent and in the manner hereinafter set forth in this Section 13:

(a) Prohibited Payments, Etc. Each Guarantor may receive regularly scheduled payments from any other Loan Party on account of the Subordinated Obligations unless an Event of Default has occurred and is continuing that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party), and the Administrative Agent has delivered notice to CBII that such payments may not be made or received. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery of such notice, however, no Guarantor shall demand, accept or take any action to collect any payment on account of the Subordinated Obligations.

(b) Prior Payment of Guaranteed Obligations. In any proceeding under any Debtor Relief Law relating to any other Loan Party, each Guarantor agrees that the Secured Parties shall be entitled to receive indefeasible payment in full in cash of all Guaranteed Obligations (including all interest and expenses accruing after the commencement of a proceeding under any Debtor Relief Law, whether or not constituting an allowed claim in such proceeding (“Post-Petition Interest”)) before such Guarantor receives payment of any Subordinated Obligations.

(c) Turn-Over. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery by the Administrative Agent of the notice described in Section 13(a), each Guarantor shall, if the Administrative Agent so requests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Secured Parties and deliver such payments to the Administrative Agent on account of the Guaranteed Obligations (including all Post-Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guarantee Agreement.

(d) Administrative Agent Authorization. After the occurrence and during the continuance of any Event of Default that has not been waived in accordance with Section 8.04 of the Credit Agreement (including the commencement and continuation of any proceeding under any Debtor Relief Law relating to any other Loan Party) and delivery by the Administrative Agent of the notice described in Section 13(a), the Administrative Agent is authorized and empowered (but without any obligation to so do), in its discretion, (i) in the name of each Guarantor, to collect and enforce, and to submit claims in respect of, Subordinated Obligations and to apply any amounts received thereon to the Guaranteed Obligations (including any and all Post-Petition Interest), and (ii) to require each Guarantor (A) to collect and enforce, and to

 

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submit claims in respect of, Subordinated Obligations and (B) to pay any amounts received on such obligations to the Administrative Agent for application to the Guaranteed Obligations (including any and all Post-Petition Interest).

Section 14. Continuing Guarantee; Assignments under the Credit Agreement. This Guarantee Agreement is a continuing Guarantee and shall (a) remain in full force and effect until the latest of (i) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guarantee Agreement, (ii) the applicable Termination Date and (iii) the latest date of expiration or termination of all Letters of Credit and all Lender Rate Contracts, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, transferees and assigns. Without limiting the generality of clause (c) of the immediately preceding sentence, any Secured Party may assign or otherwise transfer all or any portion of its rights and obligations under the Credit Agreement (including all or any portion of its Commitments, the Loans owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise, in each case as and to the extent provided in Section 8.05 of the Credit Agreement. No Guarantor shall have the right to assign its rights hereunder or any interest herein without the prior written consent of the Administrative Agent and the requisite Lenders required under Section 8.04 of the Credit Agreement.

Section 15. Execution in Counterparts. This Guarantee Agreement and each amendment, waiver and consent with respect hereto may be executed in any number of counterparts and by different parties thereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Transmission by facsimile or other electronic transmission of an executed counterpart of this Guaranty Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

Section 16. Governing Law; Jurisdiction; Waiver of Jury Trial, Etc. (a) This Guarantee Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law). The scope of the foregoing governing law provision is intended to be all-encompassing of any and all disputes that may be brought in any court or any mediation or arbitration proceeding and that relate to the subject matter of the Credit Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims.

(b) Submission to Jurisdiction. Each Guarantor irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Guarantee Agreement may be brought against such party in any such courts. Final judgment against any Guarantor in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the

 

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judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Section 16(b) shall affect the right of the Administrative Agent or any other Secured Party to commence legal proceedings or otherwise sue each Guarantor in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon each Guarantor in any manner authorized by the laws of any such jurisdiction. Each Guarantor agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. Each Guarantor irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to in the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Guarantee Agreement or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Guarantee Agreement or any other Credit Document to post security for the costs of each Guarantor or to post a bond or to take similar action.

(c) EACH OF THE GUARANTORS AND, BY ITS ACCEPTANCE HEREOF, THE ADMINISTRATIVE AGENT AND THE OTHER SECURED PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS GUARANTEE AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

Section 17. No Liability of the Administrative Agent. Neither the Administrative Agent nor any other Secured Party shall have any liability to any Guarantor (whether in tort, contract, equity or otherwise) for losses suffered by such Guarantor in connection with, arising out of, or in any way related to the transactions or relationships contemplated by this Guarantee Agreement, or any act, omission or event occurring in connection herewith, unless it is determined by a final and non appealable judgment or court order binding on the Administrative Agent and such other Secured Party, as the case may be, that the losses were the result of acts or omissions constituting gross negligence or willful misconduct of the Administrative Agent or such other Secured Party, as the case may be, as determined by a final non-appealable judgment of a court of competent jurisdiction. In any such litigation, each of the Administrative Agent and the other Secured Parties shall be entitled to the benefit of the rebuttable presumption each of the Administrative Agent and the other Secured Parties acted in good faith and with the exercise of ordinary care in the performance by it of the terms of the Credit Agreement and the other Credit Documents.

Section 18. Partial Invalidity. If at any time any provision of this Guarantee Agreement is or becomes illegal, invalid or unenforceable in any respect under the law or any jurisdiction, neither the legality,

 

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validity or enforceability of the remaining provisions of this Guaranty Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.

Section 19. Release of Liability of Guarantor. In the event that all of the capital stock or other Equity Interests of one or more Guarantors is sold or otherwise disposed of (except to any of the CBII Entities) or liquidated in compliance with the requirements of the Credit Agreement and the proceeds of such sale, disposition or liquidation are applied as permitted or required by the terms of the Credit Agreement, such Guarantor shall, upon consummation of such sale or other disposition, be released from this Guarantee Agreement automatically and without further action and this Guarantee Agreement shall, as to each such Guarantor, terminate, and have no further force or effect (it being understood and agreed that the sale of one or more Persons that own, directly or indirectly, all of the Equity Interests of any Guarantor shall be deemed to be a sale of such Guarantor for purposes of this Section 19).

Section 20. Lender Rate Contracts. So long as the terms thereof are in compliance with the Credit Agreement, each Lender Rate Contract shall be guaranteed by this Guarantee Agreement to the extent, and, notwithstanding any other provision, if any, in this Guarantee Agreement, only to the extent provided in the Credit Agreement, including Section 7.07 of the Credit Agreement. Such guarantee shall be on a silent basis, so that, notwithstanding any other provision, if any, in this Guarantee Agreement, the Credit Agreement or any other Credit Document, no holders of Lender Rate Contracts shall be able to take any action in respect of this Guarantee Agreement nor instruct the Administrative Agent or the Required Lenders to take any action in respect of this Guarantee Agreement.

Section 21. Construction. This Guarantee Agreement is the result of negotiations among, and has been reviewed by, the Guarantors, the Administrative Agent and their respective counsel. Accordingly, this Guarantee Agreement shall be deemed to be the product of all parties hereto, and no ambiguity shall be construed in favor of or against the Guarantors, the Administrative Agent or any other Secured Party.

Section 22. Interpretation. The provisions of Sections 1.04, 1.05, 1.07, 1.10 and 1.11 of the Credit Agreement are hereby incorporated into this Guarantee Agreement by reference.

[Remainder of page intentionally left blank.]

 

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IN WITNESS WHEREOF, each Guarantor has caused this Guarantee Agreement to be duly executed and delivered by its officer thereunto duly authorized as of the date first above written.

 

SUBSIDIARY GUARANTORS:
AMERICAN PRODUCE COMPANY
By:  

 

Name:  

 

Title:  

 

B C SYSTEMS, INC.
By:  

 

Name:  

 

Title:  

 

BOCAS FRUIT CO. L.L.C.
By:  

 

Name:  

 

Title:  

 

CHIQUITA BANANA COMPANY B.V.
By:  

 

Name:  

 

Title:  

 

CHIQUITA FRESH NORTH AMERICA L.L.C.
By:  

 

Name:  

 

Title:  

 

 

SUBSIDIARY GUARANTEE AGREEMENT


CHIQUITA INTERNATIONAL LIMITED
By:  

 

Name:  

 

Title:  

 

COAST CITRUS DISTRIBUTORS HOLDING COMPANY

By:  

 

Name:  

 

Title:  

 

COMPAÑIA BANANERA ATLANTICA
LIMITADA

By:  

 

Name:  

 

Title:  

 

FRESH EXPRESS INCORPORATED
By:  

 

Name:  

 

Title:  

 

FRESH HOLDING C.V.
By:  

 

Name:  

 

Title:  

 

 

SUBSIDIARY GUARANTEE AGREEMENT


FRESH INTERNATIONAL CORP.
By:  

 

Name:  

 

Title:  

 

GREAT WHITE FLEET LTD.
By:  

 

Name:  

 

Title:  

 

TELA RAILROAD COMPANY LIMITED
By:  

 

Name:  

 

Title:  

 

TRANSFRESH CORPORATION
By:  

 

Name:  

 

Title:  

 

VERDELLI FARMS, INC.
By:  

 

Name:  

 

Title:  

 

 

SUBSIDIARY GUARANTEE AGREEMENT


Exhibit A

To The

Subsidiary Guarantee

FORM OF SUBSIDIARY GUARANTEE SUPPLEMENT

                    ,         

Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A.,

“Rabobank Nederland”, New York Branch, as Administrative Agent

245 Park Avenue

New York, NY 10167-0062

Attention: Loan Syndications

Telecopy No.: 201-499-5326 or 201-499-5327

 

Re: Credit Agreement dated as of March 31, 2008, by and among Chiquita Brands L.L.C., a Delaware limited liability company (the “Company”), Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), the Lenders party to the Credit Agreement, Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Administrative Agent, and the other Persons party thereto

Ladies and Gentlemen:

Reference is made to the above-captioned Credit Agreement and to that certain Subsidiary Guarantee Agreement dated as of the date thereof made by the Subsidiary Guarantors party thereto (as amended, supplemented or otherwise modified from time to time, together with this Subsidiary Guarantee Supplement, being the “Subsidiary Guarantee Agreement”). The capitalized terms defined in the Subsidiary Guarantee Agreement or in the Credit Agreement and not otherwise defined herein are used herein as therein defined.

Section 1. Guarantee; Limitation of Liability.

(a) The undersigned hereby absolutely, unconditionally and irrevocably guarantees the full and prompt payment and performance when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all Secured Obligations now or hereafter existing (including any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Secured Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, contract causes of action, costs, expenses or otherwise (such Secured Obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including fees and expenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Subsidiary Guaranty Supplement, the Subsidiary Guarantee Agreement or any other Credit Document. Without limiting the generality of the foregoing, the undersigned’s liability shall extend to all amounts that constitute part of the


Guaranteed Obligations and would be owed by the Company to any Secured Party under or in respect of the Credit Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving the Company.

(b) The undersigned, and by its acceptance of this Subsidiary Guarantee Supplement, the Administrative Agent and each other Secured Party, hereby confirms that it is the intention of all such Persons that this Subsidiary Guarantee Supplement, the Subsidiary Guarantee Agreement and the liabilities and obligations of the undersigned hereunder and thereunder not constitute a fraudulent transfer or conveyance for purposes of Debtor Relief Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar foreign, federal or state law to the extent applicable to this Subsidiary Guarantee Supplement, the Subsidiary Guarantee Agreement and the liabilities and obligations of the undersigned hereunder and thereunder. To effectuate the foregoing intention, the Administrative Agent, the other Secured Parties and the undersigned hereby irrevocably agree that the liabilities and obligations of the undersigned under this Subsidiary Guarantee Supplement and the Subsidiary Guarantee Agreement at any time shall be limited to the maximum amount as will result in the liabilities and obligations of the undersigned under this Guarantee Supplement and the Subsidiary Guarantee Agreement not constituting a fraudulent transfer or conveyance.

(c) The undersigned hereby unconditionally and irrevocably agrees that in the event any payment shall be required to be made to any Secured Party under this Subsidiary Guarantee Supplement, the Subsidiary Guarantee Agreement, or any other Guarantee Agreement (other than the Parent Guarantee Agreement), the undersigned will contribute, to the maximum extent permitted by applicable law, such amounts to each other Guarantor other than the Parent Guarantor) and each other guarantor (so as to maximize the aggregate amount paid to the Secured Parties under or in respect of the Credit Documents.

(d) Notwithstanding anything to the contrary set forth herein, the undersigned does not guarantee and shall not guarantee, directly or indirectly, any Secured Obligations of CBII.

Section 2. Obligations Under the Guarantee. The undersigned hereby agrees, as of the date first above written, to be bound as a Guarantor by all of the terms and conditions of the Subsidiary Guarantee Agreement to the same extent as each of the other Guarantors thereunder. The undersigned further agrees, as of the date first above written, that each reference in the Subsidiary Guarantee Agreement to an “Additional Guarantor” or a “Guarantor” shall also mean and be a reference to the undersigned, and each reference in any other Credit Document to a “Subsidiary Guarantor” or a “Loan Party” shall also mean and be a reference to the undersigned.

Section 3. Representations and Warranties. The undersigned hereby makes each representation and warranty set forth in Section 6 of the Subsidiary Guarantee Agreement to the same extent as each other Guarantor.

Section 4. Execution in Counterparts.

 

SUBSIDIARY GUARANTEE AGREEMENT


This Subsidiary Guarantee Supplement may be executed in any number of counterparts and by different parties thereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Transmission by facsimile or other electronic transmission of an executed counterpart of this Subsidiary Guarantee Supplement shall be deemed to constitute due and sufficient delivery of such counterpart.

Section 5. Governing Law; Jurisdiction; Waiver of Jury Trial, Etc.

(a) This Guarantee Supplement shall be governed by and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law). The scope of the foregoing governing law provision is intended to be all-encompassing of any and all disputes that may be brought in any court or any mediation or arbitration proceeding and that relate to the subject matter of the Credit Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims.

(b) The undersigned irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Guarantee Supplement may be brought against it in any such courts. Final judgment against the undersigned in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Section 5(b) shall affect the right of the Administrative Agent or any other Secured Party to commence legal proceedings or otherwise sue the undersigned in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon the undersigned in any manner authorized by the laws of any such jurisdiction. The undersigned agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The undersigned irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to in the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Guarantee Supplement, the Subsidiary Guarantee Agreement or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Guarantee Supplement, the Subsidiary Guarantee Agreement or any other Credit Document to post security for the costs of any Guarantor or to post a bond or to take similar action.

 

SUBSIDIARY GUARANTEE AGREEMENT


(c) EACH OF THE UNDERSIGNED AND, BY ITS ACCEPTANCE HEREOF, THE ADMINISTRATIVE AGENT AND THE OTHER SECURED PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS GUARANTEE SUPPLEMENT, THE SUBSIDIARY GUARANTEE AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

 

Very truly yours,
[NAME OF ADDITIONAL GUARANTOR]
By  

 

  Title:

SCHEDULE 9

ADDRESSES OF GUARANTORS

 

SUBSIDIARY GUARANTEE AGREEMENT


EXHIBIT L

[FORM OF] SECURITY AGREEMENT

THIS SECURITY AGREEMENT (this “Security Agreement”) is entered into as of March 31, 2008, among CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Company”), each other Person (as defined in the Credit Agreement as defined below) listed on the signature pages hereof under the caption “Obligors” or which becomes a party hereto as a New Obligor (as defined below) pursuant to the joinder provisions of Section 11.17 (hereinafter the Company and all such other Persons are collectively referred to as the “Obligors” or individually referred to as an “Obligor”), and COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as collateral agent for the benefit of itself and the other Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, the “Collateral Agent”).

RECITALS

A. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among the Company, Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), each of the Lenders party thereto from time to time, Rabobank, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Persons party thereto, the Lenders are willing to make certain financial accommodations available to the Company from time to time pursuant to the terms and conditions thereof.

B. The Administrative Agent has agreed to act as the Collateral Agent for the benefit of the Secured Parties in connection with the transactions contemplated by this Security Agreement.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Company as provided for in the Credit Agreement, the Obligors have agreed to execute and deliver this Security Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of these premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

ARTICLE I. DEFINITIONS AND INTERPRETATION.

1.01 Definitions.


Unless otherwise defined herein, (a) capitalized terms used herein shall have the meanings ascribed to such terms in the Credit Agreement, (b) terms used herein and defined in the UCC shall have the meaning given in the UCC (to the extent not explicitly set forth herein) and (c) the following capitalized terms shall have the following meanings (such meanings being equally applicable to both the singular and plural forms of the terms defined):

Account” means any “account,” as such term is defined in Section 9-102(a)(2) of the UCC (or any other then applicable provision of the UCC), now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest and, in any event, shall include all accounts receivable, book debts and other forms of rights to receive payment (other than forms of rights to receive payment evidenced by Chattel Paper or Instruments) now owned or hereafter received or acquired by or belonging or owing to any Obligor (including under any trade name, style or division thereof) whether arising out of goods sold or services rendered by any Obligor or from any other transaction, whether or not the same involves the sale of goods or services by any Obligor (including any such obligation which may be characterized as an account or contract right under the UCC) and all of any such Obligor’s rights in, to and under all purchase orders or receipts now owned or hereafter acquired by it for goods or services, and all of any such Obligor’s rights to any goods represented by any of the foregoing (including unpaid seller’s rights of rescission, replevin, reclamation and stoppage in transit and rights to returned, reclaimed or repossessed goods), and all monies due or to become due to any such Obligor under all purchase orders and contracts for the sale of goods or the performance of services or both by any such Obligor (whether or not yet earned by performance on the part of any such Obligor or in connection with any other transaction), now in existence or hereafter occurring, including the right to receive the proceeds of said purchase orders and contracts, and all collateral security and guarantees of any kind given by any Person with respect to any of the foregoing.

Cash” means all cash or currency of the US that is legal tender for all public and private debts.

Chattel Paper” means any “chattel paper,” as such term is defined in Section 9-102(a)(11) of the UCC (or any other then applicable provision of the UCC), including electronic chattel paper and tangible chattel paper, in each case, now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Collateral” shall have the meaning assigned to such term in Section 2.01 of this Security Agreement.

Commercial Tort Claim” means any “commercial tort claim,” as such term is defined in Section 9-102(a)(13) of the UCC (or any other then applicable provision of the UCC), including any Commercial Tort Claims referred to in Schedule 4.16 to this Security Agreement.

Copyright License” means any written agreement granting any right to use any Copyright or Copyright registration now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest, including any Copyright Licenses referred to in Schedule 3.06 to this Security Agreement.

 

2


Copyrights” means all of the following now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest: (a) all copyrights, whether registered or unregistered, held pursuant to the laws of the US, any state thereof or of any other jurisdiction, including any Non-US jurisdiction; (b) registrations, applications and recordings therefor in the US Copyright Office or in any similar office or agency of the US, any state thereof or any other jurisdiction, including any Non-US jurisdiction; (c) any continuations, renewals or extensions thereof; and (d) any registrations to be issued in any pending applications, including any thereof referred to in Schedule 3.06 to this Security Agreement.

Deposit Account” means any “deposit account” as such term is defined in Section 9-102(a)(29) of the UCC (or any other then applicable provision of the UCC), including any demand, time, savings passbook or like account, now or hereafter maintained by or for the benefit of any Obligor, or in which any Obligor now holds or hereafter acquires any interest, with a bank, savings and loan association, credit union or like organization (including the Administrative Agent and the Collateral Agent or any Affiliate thereof) and all funds and amounts therein, whether or not restricted or designated for a particular purpose.

Documents” means any “documents,” as such term is defined in Section 9-102(a)(30) of the UCC (or any other then applicable provision of the UCC), now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Equipment” means any “equipment,” as such term is defined in Section 9-102(a)(33) of the UCC (or any other then applicable provision of the UCC), now or hereafter owned or acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest and, including all machinery, equipment, fixtures, signage, furniture, furnishings, trade fixtures, vehicles, trucks, mainframe, personal and other computers, terminals and printers and related components and accessories, all copiers, telephonic, video, electronic data-processing, data storage equipment and other similar equipment of any nature whatsoever, and any and all additions, substitutions and replacements of any of the foregoing, wherever located, together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto.

Farm Products” means any “farm products” as such term is defined in Section 9-102(a)(34) of the UCC, now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Fixtures” means any “fixtures” as such term is defined in Section 9-102(a)(41) of the UCC, now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Foreign Subsidiary” means any Subsidiary that is not organized under the laws of the US or any state thereof.

General Intangibles” means any “general intangibles”, as such term is defined in Section 9-102(a)(42) of the UCC (or any other then applicable provision of the UCC), now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter

 

3


acquires any interest and, in any event, shall include all right, title and interest which any Obligor may now or hereafter have in or under any contract, undertaking, franchise agreement or other agreement (other than rights evidenced by Chattel Paper, Documents or Instruments) in or under which any Obligor may now or hereafter have any right, title or interest, including, with respect to an Account, any agreement relating to the terms of payment or the terms of performance thereof, all customer lists, Copyrights, Trademarks, Patents and other Intellectual Property of any kind or nature, including under or pursuant to any License, all proprietary or confidential information, inventions (whether or not patented or patentable), interests in limited liability companies, partnerships, joint ventures and other business associations, permits, books and records, goodwill (including the goodwill associated with any Trademark, Trademark registration or Trademark licensed under any Trademark License), claims in or under insurance policies, including unearned premiums, Payment Intangibles, Software, Cash and other forms of money or currency, rights to sue for past, present and future infringement of Copyrights, Trademarks and Patents, rights to receive tax refunds and other payments and rights of indemnification.

Instruments” means any “instrument,” as such term is defined in Section 9-102(a)(47) of the UCC (or any other then applicable provision of the UCC), now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest, including all notes and all other evidences of indebtedness, other than instruments that constitute, or are a part of a group of writings that constitute, Chattel Paper.

Intellectual Property” means all intellectual property of any kind or nature, including all Copyrights, Copyright Licenses, Trademarks, Trademark Licenses, Patents, Patent Licenses, trade secrets, mask works, source code, customer lists, proprietary or confidential information, inventions (whether or not patented or patentable), technical information, procedures, designs, knowledge, know-how, software, databases, data, skill, expertise, recipes, experience, processes, models, drawings, materials and records.

Inventory” means any “inventory,” as such term is defined in Section 9-102(a)(48) of the UCC (or any other then applicable provision of the UCC), wherever located, now or hereafter owned or acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest, and, including all inventory, goods and other personal property which are held by or on behalf of any Obligor for sale or lease or are furnished or are to be furnished under a contract of service or which constitute raw materials, work in process or materials used or consumed or to be used or consumed in any Obligor’s business, or the processing, packaging, promotion, delivery or shipping of the same, and all finished goods whether or not such inventory is listed on any schedules, assignments or reports furnished to the Collateral Agent or the other Secured Parties from time to time and whether or not the same is in transit or in the constructive, actual or exclusive occupancy or possession of any Obligor or is held by any Obligor or by others for any Obligor’s account, including all goods covered by purchase orders and contracts with suppliers and all goods billed and held by suppliers and all inventory of any Obligor which may be located on the premises of any such Obligor or of any carriers, forwarding agents, truckers, warehousemen, vendors, selling agents or other persons.

Investment Property” means any “investment property,” as such term is defined in Section 9-102(a)(49) of the UCC (or any other then applicable provision of the UCC), now

 

4


owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest, including all certificated securities, uncertificated securities, security entitlements, Securities Accounts, commodity contracts and commodity accounts as each such term not otherwise defined herein is defined in the UCC or any other then applicable provision of the UCC.

Letter-of-Credit Right” means “letter-of-credit right,” as such term is defined in Section 9-102(a)(51) of the UCC (or any other then applicable provision of the UCC) now or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

License” means any Copyright License, Patent License, Trademark License or other license of rights or interests in Intellectual Property now held or hereafter acquired by or in which any Obligor now holds or hereafter acquires any interest, and any renewals or extensions thereof.

New Obligor” shall have the meaning given to that term in Section 11.17 of this Security Agreement.

Patent License” means any written agreement granting any right with respect to any invention on which a Patent is in existence now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest, including any Patent Licenses set forth in Schedule 3.06 to this Security Agreement.

Patents” means all of the following now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest: (a) letters patent of, or rights corresponding thereto in, the US or any other country or jurisdiction, all registrations and recordings thereof, and all applications for letters patent of, or rights corresponding thereto in, the US or any other country or jurisdiction, including registrations, recordings and applications in the US Patent and Trademark Office or in any similar office or agency of the US or any other country or jurisdiction; (b) all reissues, continuations, continuations-in-part or extensions thereof; (c) all divisionals; and (d) all patents to issue in any such applications, including any thereof referred to in Schedule 3.06.

Payment Intangible” means “payment intangible,” as such term is defined in Section 9-102(a)(61) of the UCC (or any other then applicable provision of the UCC) now or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Proceeds” means “proceeds,” as such term is defined in Section 9-102(a)(64) of the UCC (or any other then applicable provision of the UCC), and, including (a) any and all Accounts, Chattel Paper, Instruments, Cash or other forms of money or currency or other proceeds payable to any Obligor from time to time in respect of the Collateral, (b) any and all proceeds of any insurance, indemnity, warranty or guaranty payable to any Obligor from time to time with respect to any of the Collateral, (c) any and all payments (in any form whatsoever) made or due and payable to any Obligor from time to time in connection with any requisition, confiscation, condemnation, seizure or forfeiture of all or any part of the Collateral by any

 

5


Governmental Authority (or any Person acting under color of Governmental Authority), (d) any claim of any Obligor against third parties (i) for past, present or future infringement of any Copyright, Patent, Copyright License or Patent License or (ii) for past, present or future infringement or dilution of any Trademark or Trademark License or for injury to the goodwill associated with any Trademark, Trademark registration or Trademark licensed under any Trademark License, (e) all certificates, dividends, Cash, Instruments and other property received or distributed in respect of or in exchange for any Investment Property, and (f) any and all other amounts from time to time paid or payable under or in connection with any of the Collateral.

Receivables” means, collectively, all Accounts, General Intangibles, Instruments, Chattel Paper and Letter-of-Credit Rights.

Securities Account” means “securities account,” as such term is defined in Section 8-501(a) of the UCC (or any other then applicable provision of the UCC) now or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Software” means “software,” as such term is defined in Section 9-102(a)(75) of the UCC (or any other then applicable provision of the UCC) now or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Supporting Obligation” means “supporting obligation,” as such term is defined in Section 9-102(a)(77) of the UCC (or any other then applicable provision of the UCC) now or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest.

Trademark License” means any written agreement granting any right to use any Trademark or Trademark registration now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest, including any Trademark License set forth in Schedule 3.06 to this Security Agreement.

Trademarks” means any of the following now owned or hereafter acquired by any Obligor or in which any Obligor now holds or hereafter acquires any interest: (a) any and all trademarks, tradenames, corporate names, business names, trade dress, service marks, logos, other source or business identifiers, prints and labels on which any of the foregoing have appeared or appear, designs and General Intangibles of like nature, now existing or hereafter adopted or acquired, all registrations and recordings thereof, and any applications in connection therewith, including registrations, recordings and applications in the US Patent and Trademark Office or in any similar office or agency of the US, any State thereof or any other country or any political subdivision thereof and (b) any reissues, extensions or renewals thereof.

UCC” means the Uniform Commercial Code as the same may, from time to time, be in effect in the State of New York; provided that, in the event that, by reason of mandatory provisions of law, any or all of the perfection or priority of the Collateral Agent’s or any other Secured Party’s security interest and Lien in any Collateral is governed by the Uniform Commercial Code as in effect in a jurisdiction other than the State of New York, the term “UCC” means the Uniform Commercial Code as in effect in such other jurisdiction for purposes of the

 

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provisions hereof relating to such perfection or priority and for purposes of definitions related to such provisions.

Work” means any work which is subject to copyright protection pursuant to Title 17 of the US Code.

1.02 References. References in this Security Agreement to “Articles”, “Recitals”, “Sections”, “Paragraphs”, “Exhibits” and “Schedules” are to articles, recitals, sections, paragraphs, exhibits and schedules herein and hereto unless otherwise indicated.

1.03 Interpretation.

(a) The provisions of Sections 1.04, 1.05, 1.07, 1.10 and 1.11 of the Credit Agreement are hereby incorporated into this Security Agreement by reference.

(b) Notwithstanding anything to the contrary in this Security Agreement and the rights and obligations of the parties hereto, this Security Agreement shall be subject to, and limited by, the provisos of Section 2.14 of the Credit Agreement, and to the extent of any inconsistency between the terms of this Security Agreement and the terms of the provisos of Section 2.14 of the Credit Agreement, the provisos of Section 2.14 of the Credit Agreement shall govern and control.

ARTICLE II. GRANT OF SECURITY INTEREST AND LIEN IN THE COLLATERAL.

2.01 Grant. Each Obligor, to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations owed by such Obligor, hereby grants to the Collateral Agent, for the benefit of itself and the other Secured Parties, a continuing security interest and Lien in, and a right to set off against, any and all right, title and interest of such Obligor in and to the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the “Collateral”):

(a) all Accounts;

(b) all Cash, Temporary Cash Investments or other assets of each Obligor that now or hereafter come into the possession, custody, or control of the Collateral Agent or any other Secured Party;

(c) all Chattel Paper;

(d) all Commercial Tort Claims;

(e) all Deposit Accounts, including all lockbox, restricted or other accounts;

(f) all Documents;

 

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(g) all Equipment;

(h) all Farm Products;

(i) all Fixtures;

(j) all General Intangibles;

(k) all Instruments, including the Pledged Intercompany Notes;

(l) all Intellectual Property;

(m) all Inventory;

(n) all Investment Property;

(o) all Letter-of-Credit Rights and all Supporting Obligations;

(p) all Supporting Obligations;

(q) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon; and

(r) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing.

2.02 Excluded Collateral. Anything contained in this Security Agreement to the contrary notwithstanding, the term “Collateral” shall not include (a) any Equipment or Intellectual Property that is now or hereafter held by any Obligor as a lessee, licensee, or debtor under purchase money secured financing or a Capital Lease, to the extent that: (i) as a result of the grant of a security interest or Lien therein, such Obligor’s rights in or with respect to such asset would be forfeited or such Obligor would be deemed to have breached or defaulted under the applicable lease, license, or other agreement; and (ii) any such restriction is effective and enforceable under applicable law, including after giving full effect to Section 9-406 of the UCC, (b) except as otherwise provided in the Credit Agreement, more than 65% of the voting Equity Securities of any Foreign Subsidiary of an Obligor or (c) any intent-to-use US trademark application for which an amendment to allege use or statement of use has not been filed and accepted by the US Patent and Trademark Office (provided that each such intent-to-use application shall be considered Collateral immediately and automatically upon such filing and acceptance); provided, however, that the term “Collateral” shall include (1) any and all Proceeds of such assets referred to in clause (a) of this Section 2.02, and (2) such assets referred to in clause (a) of this Section 2.02 at any time that the restrictions in the lease, license, or other agreement are no longer effective or enforceable (including as a result of the exercise of an option to purchase or the repayment of the secured financing) or at any time that the applicable lessor, licensor or other applicable party’s

 

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consent is obtained to the grant of a security interest and Lien in and to such asset in favor of the Collateral Agent, for the benefit of the Secured Parties.

2.03 Collateral for the Secured Obligations. Each Obligor and the Collateral Agent, on behalf of itself and the other Secured Parties, hereby acknowledges and agrees that the security interest and Lien created hereby in the Collateral (a) constitutes continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising, and (b) is not to be construed as an assignment or sale of any Copyrights, Copyright Licenses, Patents, Patent Licenses, Trademarks or Trademark Licenses.

2.04 Subsidiaries of CBII and Secured Obligations of CBII. Notwithstanding anything contained in this Security Agreement, no Subsidiary of CBII shall be deemed to have granted by reason of this Security Agreement or any of the other Credit Documents any Lien on any of its property or assets to secure any Secured Obligations of CBII.

ARTICLE III. REPRESENTATIONS AND WARRANTIES.

Each Obligor hereby represents and warrants to the Collateral Agent and the other Secured Parties as follows:

3.01 Chief Executive Office; Books & Records. Each Obligor’s chief executive office and chief place of business is (and for the prior four months each such chief executive office or chief place of business has been) located at the locations set forth on Schedule 3.01 or as otherwise provided in or permitted by the Credit Agreement and Section 4.04, and each Obligor keeps its books and records at such locations.

3.02 Exact Legal Name and Identification Number. Each Obligor’s exact legal name is as identified on Schedule 3.02 and no Obligor has in the past four months changed its name, been party to a merger, consolidation or other change in structure or used any tradename except as set forth in Schedule 3.02, or as otherwise permitted by the Credit Agreement or this Security Agreement and for which the Collateral Agent has received written notice and updated schedules. The Federal Employee Identification Number and state organizational number of each Obligor is identified on Schedule 3.02.

3.03 Ownership of Collateral. Each Obligor is the legal and beneficial owner of its Collateral and has the right to pledge, sell, assign or transfer the same.

3.04 Filing of Financing Statements. This Security Agreement creates a valid security interest and Lien, in favor of the Collateral Agent and the other Secured Parties, in the Collateral of such Obligor to the extent

 

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that a valid security interest and lien in such Collateral may be created under applicable law of the US and any states thereof and, when properly perfected by filing financing statements (but not fixture (other than with respect to Fixtures on real property on which the Collateral Agent has a Mortgage), crop, timber, mineral, or other similar filings) in all applicable governmental offices, shall constitute a valid and, to the extent such perfection is governed by the law of a jurisdiction in the US, perfected first priority security interest and Lien in such Collateral, to the extent such security interest or Lien can be perfected by such a filing under the UCC, free and clear of all Liens except to the extent Permitted Liens have priority as expressly permitted under the Credit Agreement, and is enforceable as such against creditors of and purchasers from the Obligors.

3.05 Pledged Intercompany Notes. All Pledged Intercompany Notes from CBII to the Company existing on or after the Effective Date with respect to which a security interest or Lien may be perfected by the Collateral Agent’s taking possession thereof are set forth on Schedule 3.05. All action necessary to protect and perfect such security interest or Lien in each item set forth on Schedule 3.05, including the delivery of all original Pledged Intercompany Notes to the Collateral Agent, has been duly taken. The security interest and Lien of the Collateral Agent in the Pledged Intercompany Notes is taken free from adverse claims upon the Collateral Agent taking possession thereof in good faith and without any notice of any adverse claims and is prior in right and interest to, and free from adverse claims of, all other security interests or Liens, except to the extent Permitted Liens have priority as expressly permitted under the Credit Agreement, and is enforceable as such against creditors of and purchasers from the Company.

3.06 Copyrights, Patents, Trade Secrets and Trademarks.

(a) Schedule 3.06, as modified from time to time pursuant to Section 5.01(a)(vi) of the Credit Agreement, is a list of all US registered Copyrights, Copyright Licenses, Patents, Patent Licenses, Trademarks and Trademark Licenses owned by the Obligors and used in the business of CBII or any Borrower Entity, and all other registered material Copyrights, Copyright Licenses, Patents, Patent Licenses, Trademarks and Trademark Licenses owned by the Obligors.

(b) The operation of each Obligor’s business as currently conducted and its use of Intellectual Property in connection therewith do not conflict with, infringe, misappropriate, dilute, misuse or otherwise violate the intellectual property rights of any third party, except where such infringement, misappropriation, dilution, misuse or violation could not reasonably be expected to have a Material Adverse Effect. To the best of each Obligor’s knowledge, no Person is engaging in any activity that infringes, misappropriates, dilutes, misuses or otherwise violates the US IP Collateral or such Obligor’s rights in or use thereof, except where such infringement, misappropriation, dilution, misuse or violation could not reasonably be expected to have a Material Adverse Effect.

 

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(c) The consummation of the transactions contemplated by the Credit Documents will not result in the termination of any of the US IP Collateral.

(d) To the best of each Obligor’s knowledge, each material Copyright, Copyright License, Patent, Patent License, Trademark, Trademark License and trade secret of such Obligor is valid, subsisting, unexpired, enforceable and has not been abandoned.

(e) Except as set forth in Schedule 3.06 or as permitted by the Credit Agreement, no material Copyright, Patent or Trademark is the subject of any licensing or franchise agreement, release, covenant not to sue, or assurance of non-assertion.

(f) No judicial or extra judicial holding, decision or judgment has been rendered which would limit, cancel or question the validity of any material Copyright, Patent or Trademark, except where such holding, decision or judgment could not reasonably be expected to materially impair the value of the Collateral consisting of Intellectual Property, taken as a whole.

(g) No judicial or extra judicial action or proceeding is pending or, to the best of each Obligor’s knowledge, threatened that seeks to limit, cancel or question the validity of any material Copyright, Patent or Trademark, other than those actions or proceedings that, individually or in the aggregate, if adversely determined, could not reasonably be expected to have a Material Adverse Effect.

(h) All applications for registration listed on Schedule 3.06, as modified from time to time pursuant to Section 5.01(a)(vi) of the Credit Agreement, pertaining to any material Copyright, Patent or Trademark have been duly and properly filed, and all registrations or letters pertaining to such material Copyrights, Patents and Trademarks have been duly and properly filed, and, to the best of each Obligor’s knowledge, all of such material Copyrights, Patents and Trademarks are valid and enforceable.

(i) Except as permitted by the Credit Agreement, no Obligor has made any assignment or agreement in conflict with the security interest and Lien in the US IP Collateral used in the business of CBII or any Borrower Entity or any other material Copyrights, Patents or Trademarks granted hereunder.

(j) (i) Each Obligor has rights in and good and defensible title to the material Trademarks and Trademark Licenses, material Patents and Patent Licenses, and material Copyrights and Copyright Licenses listed on the Schedules attached hereto as owned by it, (ii) with respect to the material Trademarks and Trademark Licenses, material Patent and Patent Licenses, and material Copyright and Copyright Licenses shown on Schedule 3.06 as owned by it, such Obligor is the sole and exclusive owner thereof, free and clear of any Liens except licenses set forth on Schedule 3.06 or permitted by the Credit Agreement and rights of others permitted by the Credit Agreement, including licenses, registered user agreements and covenants by such Obligor not to sue third persons, and (iii) each material Trademark License, Copyright License and Patent License is in full force and effect, no Obligor is in material default of any of its obligations thereunder and, other than (A) the parties to such material Trademark License, Copyright License and Patent License, or (B) in the case of any non-exclusive Trademark

 

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License, Copyright License and Patent License, the parties to any other such non-exclusive Trademark License, Copyright License and Patent License, no other Person has any rights in or to any of the material Trademarks, Copyrights or Patents.

(k) Each Obligor has good title to the material trade secrets owned by it. Each Obligor has exercised reasonable conduct and precautions to protect and maintain the secrecy, confidentiality, and value of its material trade secrets, and will, during the term of this Security Agreement continue to do so. To the best of each Obligor’s knowledge, none of the trade secrets of such Obligor has been used, divulged, disclosed or appropriated to the detriment of such Obligor. To the best of each Obligor’s knowledge, no employee, independent contractor or agent of such Obligor (i) has misappropriated any trade secrets of any other Person in the course of the performance of his or her duties as an employee, independent contractor or agent of such Obligor, or (ii) is in default or breach of any term of any employment agreement, non-disclosure agreement, assignment of inventions agreement or similar agreement or contract relating in any way to the protection, ownership, development, use or transfer of such Obligor’s Intellectual Property. No trade secret is the subject of any adverse claim against any Obligor. Subject to the obligation of confidentiality set forth in separate agreements between the Company and each Secured Party, each Obligor shall provide such Secured Party, upon request, with any and all necessary documentation relating to any trade secrets in sufficient and accurate detail and content as may be necessary to identify and explain it in order for the Collateral Agent, on behalf of itself and the other Secured Parties, to exercise its rights hereunder.

ARTICLE IV. COVENANTS.

Each Obligor covenants that, so long as any of the Secured Obligations (other than Unaccrued Indemnity Claims) remain outstanding or any Credit Document in respect of the Secured Obligations is in effect or any Letter of Credit shall remain outstanding, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have been terminated, such Obligor shall:

4.01 Other Liens. Defend the Collateral against the claims and demands of all other parties claiming an interest therein, keep the Collateral free from all Liens, except for Permitted Liens, and not sell, exchange, transfer, assign, lease or otherwise dispose of the Collateral or any interest therein in violation of the Credit Agreement.

4.02 Preservation of Collateral. Keep the Collateral in good order, condition and repair, ordinary wear and tear excepted, and not use the Collateral in violation of the provisions of this Security Agreement, any other Credit Document or any other agreement relating to the Collateral, any policy insuring the Collateral or any applicable statute, law, bylaw, rule, regulation or ordinance except where such violation of any such other agreement relating to the Collateral or such policy, statute, law, bylaw, rule, regulation or ordinance could not reasonably be expected to have a Material Adverse

 

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Effect. Notwithstanding any provision herein to the contrary, the Obligors may dispose of any assets as and to the extent not prohibited by the Credit Agreement.

4.03 Pledged Intercompany Notes. If any amount payable under or in connection with any of the Collateral shall be or become evidenced by any Pledged Intercompany Note from CBII to the Company, immediately deliver such Pledged Intercompany Note to the Collateral Agent, for the benefit of itself and the other Secured Parties, duly indorsed in a manner satisfactory to the Collateral Agent, to be held as Collateral pursuant to this Security Agreement (and Schedule 3.05 shall be deemed updated to reflect any additional Pledged Intercompany Notes).

4.04 Change in Location. Not (a) without providing 10 days prior written notice to the Collateral Agent and without filing such amendments to any previously filed financing statements and executing any other agreements as the Collateral Agent may require, change the location of its chief executive office and chief place of business (as well as its books and records) from the locations set forth on Schedule 3.01, or (b) be party to a merger, consolidation or other change in structure except as permitted by the Credit Agreement.

4.05 Change in Name. Not change any Obligor’s name, Federal Employee Identification Number, state organizational number or identity in any manner which might make any financing or continuation statement filed in connection herewith fail to sufficiently provide the name of the debtor within the meaning of Section 9-503 of the UCC (or any other then applicable provision of the UCC); provided, however, that any Obligor may change such matter to the extent not prohibited by the Credit Agreement so long as (a) such Obligor gives at least 10 days prior written notice to the Collateral Agent of such change and (b) at the time of such written notification, such Obligor provides any financing statements or financing statement amendments necessary to perfect and continue perfecting the Liens of the Collateral Agent and the other Secured Parties.

4.06 Inspection. The Collateral Agent shall have the right to inspect, among other things, the Collateral in accordance with Section 5.01(c) of the Credit Agreement.

4.07 Perfection of Security Interest and Liens.

(a) Execute and deliver to the Collateral Agent, for the benefit of itself and the other Secured Parties, such agreements, collateral assignments or instruments (including affidavits, notices, reaffirmations and amendments and restatements of existing documents, as the Collateral Agent may reasonably request) and do all such other things as the Collateral Agent may reasonably deem necessary or appropriate:

 

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(i) to assure the Collateral Agent of the validity and priority of its security interests and Liens hereunder, which shall be limited to:

(A) in respect of all now owned and hereafter acquired tangible and intangible personal property assets of each Obligor (1) in which a security interest and Lien may be perfected by filing a financing statement, the filing of such financing statements (but not fixture (other than with respect to Fixtures on real property on which the Collateral Agent has a Mortgage), crop, timber, mineral, or other similar filings), including renewal statements or amendments thereof or supplements thereto or other instruments that the Collateral Agent may from time to time reasonably request and (2) in which a security interest and Lien may be perfected by lockbox, blocked account, dominion of funds arrangements, and/or control agreements, the execution and delivery, upon the occurrence and during the continuance of an Event of Default, of such lockbox, blocked account, dominion of funds arrangements and/or control agreements that the Collateral Agent shall deem advisable in the best interest of the Secured Parties, in each case in order to perfect and maintain the security interests and Liens granted hereunder in accordance with the UCC,

(B) the delivery, in accordance with Section 3.05, of the Pledged Intercompany Notes,

(C) in respect of US Copyrights, the execution and delivery of a Copyright Security Agreement for filing with the US Copyright Office,

(D) in respect of US Patents, the execution and delivery of a Patent Security Agreement for filing with the US Patent and Trademark Office,

(E) in respect of all Trademarks that are the subject of a US trademark registration or a US application for registration (other any intent-to-use US trademark application for which an amendment to allege use or statement of use has not been filed and accepted by the US Patent and Trademark Office and that does not constitute Collateral), the execution and delivery of a Trademark Security Agreement for filing with the US Patent and Trademark Office,

(F) in respect of the Trademarks that are subject to registrations or applications for registrations in Non-US jurisdictions, as those Trademarks and jurisdictions are set forth in Schedule 4.07:

(1) promptly attend to recordation in the trademark offices in those jurisdictions set forth in Schedule 4.07 to record the security interests and Liens contemplated hereunder, and in any case submit such recordations to such jurisdictions within three months of the Effective Date (as such deadline may be extended in writing by the Administrative Agent in its sole discretion; provided that the Administrative Agent shall not extend such deadline by more than three months without the consent of the Required Lenders);

(2) in addition to recordation of the security interests and Liens in certain Trademarks in certain jurisdictions as set forth in Schedule 4.07, promptly file an appropriate release of the security interests and Liens in respect of the Existing Credit Agreement in those trademark offices set forth in Schedule 4.07 as to such registrations or

 

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applications for registration, and in any case submit such filings to such trademark offices within three months of the Effective Date (as such deadline may be extended in writing by the Administrative Agent in its sole discretion; provided that the Administrative Agent shall not extend such deadline by more than three months without the consent of the Required Lenders);

(3) ensure that the chain of title for such registrations or applications set forth in Schedule 4.07 reflects the current owner as Chiquita Brands L.L.C.;

(4) diligently pursue the recordation and to keep the Collateral Agent informed on a quarterly basis as to the status of the recordation of the security interests in those Trademarks in those jurisdictions set forth in Schedule 4.07; and

(5) reasonably cooperate with the Collateral Agent or its designee in connection with such trademark security interest recordation activities, and

(G) the execution of and delivery to the Collateral Agent, for the benefit of itself and the other Secured Parties, such agreements, collateral assignments or instruments (including affidavits, notices, reaffirmations and amendments and restatements of existing documents, as the Collateral Agent may reasonably request) and do all such other things as the Collateral Agent may reasonably deem necessary or appropriate to effectuate the terms hereof;

(ii) to consummate the transactions contemplated hereby; and

(iii) to otherwise protect and assure the Collateral Agent of its rights and interests hereunder.

(b) In connection with the foregoing, each Obligor authorizes the Collateral Agent to file one or more financing statements disclosing the security interest and Lien of the Collateral Agent and the other Secured Parties in any or all of the Collateral of such Obligor without, to the extent permitted by law, such Obligor’s signature thereon (including one or more financing statements indicating that such financing statements cover all assets or all personal property (or words of similar effect) of such Obligor, regardless of whether any particular asset described in such financing statements falls within the scope of the UCC or the granting clause of this Security Agreement), and further each Obligor also hereby irrevocably makes, constitutes and appoints the Collateral Agent, its nominee or any other Person whom the Collateral Agent may designate as such Obligor’s attorney in fact with full power and for the limited purpose to sign in the name of such Obligor any such instruments, documents or notices or any similar documents which in the Collateral Agent’s reasonable discretion would be necessary, appropriate or convenient in order to perfect and maintain perfection of the security interests and Liens granted hereunder, such power, being coupled with an interest, being and remaining irrevocable so long as any of the Secured Obligations remain outstanding or any Credit Documents in respect of the Secured Obligations are in effect or any Letter of Credit shall remain outstanding, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. Each Obligor hereby agrees that a carbon, photographic or other reproduction of this Security Agreement or any such financing statement is sufficient for filing as a financing statement by the

 

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Collateral Agent without notice thereof to such Obligor wherever the Collateral Agent may in its sole discretion desire to file the same.

(c) In the event for any reason the law of any jurisdiction other than New York becomes or is applicable to the Collateral of any Obligor or any part thereof, or to any of the Secured Obligations, such Obligor agrees to execute and deliver all such instruments and to do all such other things as the Collateral Agent in its sole discretion reasonably deems necessary or appropriate in accordance with this Section 4.07 to preserve, protect and enforce the security interests and Liens of the Collateral Agent under the law of such other jurisdiction (and, if an Obligor shall fail to do so promptly upon the request of the Collateral Agent, then the Collateral Agent may execute any and all such requested documents on behalf of such Obligor pursuant to the power of attorney granted hereinabove).

(d) Upon the occurrence and during the continuance of an Event of Default, if any Collateral is in the possession or control of an Obligor’s agents and the Collateral Agent so requests, such Obligor agrees to notify such agents in writing of the security interest and Lien of the Collateral Agent and the other Secured Parties therein and, upon the Collateral Agent’s request, instruct them to hold all such Collateral for the Secured Parties’ account and subject to the Collateral Agent’s instructions.

(e) Upon the occurrence and during the continuance of an Event of Default, and upon the Collateral Agent’s request, each Obligor agrees to mark its books and records to reflect the security interest and Lien of the Collateral Agent and the other Secured Parties in the Collateral.

(f) Regardless of whether an Event of Default has occurred and is continuing, the Collateral Agent, for the benefit of itself and the other Secured Parties, may take additional steps to perfect (and to require the Company to assist in perfecting) Liens on the Collateral.

4.08 Instruments, Documents, Chattel Paper or Intellectual Property. Upon the occurrence and during the continuation of an Event of Default, in the event that any Collateral, other than the Pledged Intercompany Notes from CBII to the Company, including Proceeds, is evidenced by or consists of Instruments, Documents, Chattel Paper or Intellectual Property, and if and to the extent that perfection or priority of the Collateral Agent’s and the other Secured Parties’ security interest or Lien is dependent on or enhanced by possession, immediately upon the request of the Collateral Agent, the Obligors will endorse and deliver physical possession of such Instruments, Documents, Chattel Paper or Intellectual Property to the Collateral Agent, for the benefit of itself and the other Secured Parties.

4.09 Covenants Relating to Accounts.

(a) Upon the occurrence and during the continuation of an Event of Default, comply with all reasonable requests that the Collateral Agent deems advisable in the best interest of the Secured Parties relating to the establishment and maintenance of any lockbox, blocked account, dominion of funds arrangements, and/or control agreements (including any such control

 

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agreements related to the Deposit Accounts, the Securities Accounts and any Cash, Temporary Cash Investments or Investment Property credited thereto from time to time).

(b) Upon the occurrence and during the continuation of an Event of Default, comply with all requests that the Collateral Agent deems advisable in the best interest of the Secured Parties relating to providing reports with respect to Accounts.

(c) Upon the occurrence and during the continuation of any Event of Default, set aside and hold as trustee for the Collateral Agent and the other Secured Parties any merchandise which is returned by a customer or account debtor or otherwise recovered; provided, however, perishable merchandise may be disposed of in the ordinary course of business unless otherwise directed by the Collateral Agent. Unless and until an Event of Default occurs and is continuing, each Obligor may settle and adjust disputes and claims with its customers and account debtors, handle returns and recoveries and grant discounts, credits and allowances in the ordinary course of its business as presently conducted and otherwise for amounts and on terms which such Obligor in good faith considers advisable. However, upon the occurrence and during the continuation of any Event of Default, if so instructed by the Collateral Agent, such Obligor shall settle and adjust disputes and claims at no expense to the Collateral Agent, but no discount, credit or allowance other than on normal trade terms in the ordinary course of business shall be granted to any customer or account debtor and no returns of merchandise shall be accepted by such Obligor without the Collateral Agent’s prior consent. The Collateral Agent may (but shall not be required to), at all times upon the occurrence and during the continuation of any Event of Default, settle or adjust disputes and claims directly with customers or account debtors for amounts and upon terms which the Collateral Agent considers advisable, and charge the collection costs and expenses to the Loan Account.

4.10 Covenants Relating to Inventory.

(a) Maintain, keep and preserve the Inventory in good saleable condition consistent with past practices at its own cost and expense.

(b) If any of the Inventory is at any time evidenced by a Document, upon the occurrence and during the continuation of an Event of Default, and thereafter immediately upon request by the Collateral Agent, deliver such Document to the Collateral Agent, for the benefit of itself and the other Secured Parties.

4.11 Covenants Relating to Copyrights.

(a) Employ the material Copyright for each Work with such notice of copyright as may be required by law to secure copyright protection.

(b) Not do any act or knowingly omit to do any act whereby any material Copyright may become invalidated and (i) not do any act, or knowingly omit to do any act, whereby any material Copyright may become injected into the public domain, (ii) notify the

 

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Collateral Agent immediately if it knows, or reasonably believes, that any material Copyright may become injected into the public domain or of any adverse determination or development (including the institution of, or any such determination or development in, any court or tribunal in the US or any other country) regarding an Obligor’s ownership of any such material Copyright or its validity, (iii) take all necessary steps as it shall deem appropriate under the circumstances to maintain and pursue each application (and to obtain the relevant registration) and to maintain each registration of each material Copyright owned by an Obligor including filing of applications for renewal where necessary and (iv) promptly notify the Collateral Agent and the Administrative Agent of any infringement of any material Copyright of an Obligor of which it becomes aware that could reasonably be expected to have a Material Adverse Effect and take such actions as it shall reasonably deem appropriate under the circumstances to protect such material Copyright, including, where appropriate, the bringing of suit for infringement, seeking injunctive relief and seeking to recover any and all damages for such infringement.

(c) Except as permitted under Section 5.02(c) of the Credit Agreement, not make any assignment or agreement in conflict with the security interest and Lien in the Copyrights of each Obligor granted hereunder.

(d) Execute and deliver any of the documents it is requested to execute and deliver to the Collateral Agent to modify this Security Agreement to include a reference to any right, title or interest in any Copyrights or Copyright Licenses constituting US IP Collateral and any other material Copyrights or Copyright Licenses acquired or developed by any Obligor after the execution hereof or to delete any reference to any right, title or interest in any material Copyrights or Copyright Licenses in which any Obligor no longer has or claims any right, title or interest.

(e) Not permit the inclusion in any contract to which any Obligor becomes a party of any provision that could or might impair or prevent the creation of a Lien in favor of the Collateral Agent and the other Secured Parties in Obligors’ rights and interest in any property included within the definition of Copyrights or Copyright Licenses and acquired under such contracts. Notwithstanding the foregoing, to the extent that an Obligor receives a license to, but not ownership of, any such property under any such contract, the Obligor’s obligations under this Section 4.11(e) shall be satisfied by its commercially reasonable efforts not to permit the inclusion of any such provisions as to any such licensed property.

4.12 Covenants Relating to Patents and Trademarks.

(a) (i) In accordance with the provisions of Section 5.01(a)(vi) of the Credit Agreement, give the Administrative Agent written notice of the occurrence of an event that could have a Material Adverse Effect on any of the material Trademarks or Trademark Licenses, and (ii) based upon the information set forth in the written supplement delivered in accordance with Section 5.01(a)(vi) of the Credit Agreement, and at the direction of the Collateral Agent, execute and deliver any of the documents it is requested to execute and deliver to the Collateral Agent to modify this Security Agreement to include a reference to any right, title or interest in any Trademarks, Trademark Licenses, Patents or Patent Licenses constituting US IP Collateral or any

 

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other material Trademarks, Trademark Licenses, Patents or Patent Licenses acquired or developed by any Obligor after the execution of this Security Agreement or to delete any reference to any right, title or interest in any material Trademarks or Trademark Licenses, or material Patents or Patent Licenses in which Obligor no longer has any claim, right, title or interest.

(b) (i) Continue to use each Principal Trademark in order to maintain such Principal Trademark in full force, free from any claim of abandonment for non-use unless such Obligor shall have notified the Administrative Agent and the Administrative Agent shall have consented to such abandonment, which consent shall not be unreasonably withheld, (ii) maintain the quality of any and all products or services used, provided or offered in connection with any of such Obligor’s Principal Trademarks at the same level that is currently maintained with respect to such products and services, and taking reasonable steps to ensure that all licensed users of any of such Trademarks maintain such level of quality, (iii) employ such Principal Trademark with any notice of registration required by applicable law to maintain the validity of such Principal Trademark, (iv) not adopt or use any mark that is material and which is confusingly similar or a colorable imitation of such Principal Trademark unless the Collateral Agent, for the ratable benefit of the Secured Parties, shall obtain a perfected security interest and Lien in such mark pursuant to this Security Agreement, (v) not (and not permit any licensee or sublicensee thereof to) knowingly do any act or knowingly omit to do any act whereby any Principal Trademark may become invalidated or abandoned, (vi) promptly, but in any event within a reasonable time after obtaining knowledge of the occurrence of an event that could have a Material Adverse Effect on any of the Principal Trademarks or the Trademark Licenses, give the Collateral Agent and the Administrative Agent written notice of the occurrence of any such event, (vii) at the direction of the Collateral Agent as it reasonably deems necessary for the benefit of itself and the other Secured Parties, execute and deliver any of the documents it is requested to execute and deliver to the Collateral Agent to modify this Security Agreement to include a reference to any right, title or interest in any existing Principal Trademarks or related Trademark Licenses acquired or developed by any Obligor after the execution of this Security Agreement or to delete any reference to any right, title or interest in any Principal Trademarks or related Trademark Licenses in which Obligor no longer has any claim, right, title or interest.

(c) Not permit the inclusion in any contract to which any Obligor becomes a party of any provision that could or might impair or prevent the creation of a Lien in favor of the Collateral Agent and the other Secured Parties in such Obligor’s rights and interest in any property included within the definition of Patents, Patent Licenses, Trademarks or Trademark Licenses, and acquired under such contracts. Notwithstanding the foregoing, to the extent that an Obligor receives a license to, but not ownership of, any such property under any such contract, the Obligor’s obligations under this Section 4.12(c) shall be satisfied by its commercially reasonable efforts not to permit the inclusion of any such provisions as to any such licensed property.

(d) Not knowingly do any act, or omit to do any act, whereby any material Patent may become abandoned or dedicated except as is consistent with reasonable business practices and subject to prior notice to and consent of the Administrative Agent, which consent shall not be unreasonably withheld.

 

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(e) Notify the Collateral Agent and Administrative Agent and the other Secured Parties, in no event later than 120 days after the close of each fiscal year, if it knows that any application or registration relating to any material Patent or Trademark has been or may become abandoned or dedicated during such fiscal year, or of any materially adverse determination or development (including the institution of, or any such determination or development in, any proceeding in the US Patent and Trademark Office or any court or tribunal in any country) regarding an Obligor’s ownership of any material Patent or Trademark or its right to register the same or to keep and maintain the same during such fiscal year, except where the abandonment or dedication of such application or registration, or such determination or development could not reasonably be expected to materially impair the value of the Collateral consisting of Intellectual Property, taken as a whole.

(f) Notify the Collateral Agent and the other Secured Parties promptly, but in any event within a reasonable time after obtaining knowledge that any application or registration relating to any Principal Trademark has been or may become abandoned or dedicated, or of any materially adverse determination or development (including the institution of, or any such determination or development in, any proceeding in the US Patent and Trademark Office or any court or tribunal in any country) regarding an Obligor’s ownership of any Principal Trademark or its right to register the same or to keep and maintain the same, except where the abandonment or dedication of such application or registration, or such determination or development could not reasonably be expected to materially impair the value of the Collateral consisting of Intellectual Property, taken as a whole.

(g) In no event later than 120 days after the close of each fiscal year, each Obligor shall report to the Collateral Agent all applications for the registration of any Patent or Trademark with the US Patent and Trademark Office or any similar office or agency or under any Governmental Authority, filed by such Obligor, either by itself or through an agent, employee, licensee or designee, during such fiscal year. Subject to the limitations set forth in the Credit Agreement, upon request of the Collateral Agent, an Obligor shall execute and deliver any and all agreements, instruments, documents and papers as the Collateral Agent may request to evidence the Collateral Agent’s and the other Secured Parties’ security interest and Lien in any Patent or Trademark and the goodwill and other General Intangibles of an Obligor relating thereto or represented thereby.

(h) Take all reasonable and necessary steps, including in any proceeding before the US Patent and Trademark Office, or any similar office or agency in any other country or any political subdivision thereof, to maintain and pursue each currently pending application (and to obtain the relevant registration) and to maintain each existing registration of the material Patents and Trademarks, including the use of proper statutory notice in connection with use, the payment of required fees and taxes, the filing of responses to office actions issued by the US Patent and Trademark Office, the US Copyright Office or other governmental authorities, the filing of applications for renewal or extension, the filing of affidavits under Sections 8 and 15 of the US Trademark Act, the filing of divisional, continuation, continuation-in-part, reissue and renewal applications or extensions, the payment of maintenance fees and the participation in interference, reexamination, opposition, cancellation, infringement and misappropriation proceedings, if failure to maintain such material Patent or Trademark could reasonably be expected to have a Material Adverse Effect.

 

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(i) Notify the Collateral Agent, the Administrative Agent and the other Secured Parties, in no event later than 120 days after the close of each fiscal year, if it learns that any material Patent or Trademark included in the Collateral is infringed, misappropriated or diluted by a third party during such fiscal year, and such Obligor shall, in any event, promptly sue for infringement, misappropriation or dilution, to seek injunctive relief where appropriate and to recover any and all damages for such infringement, misappropriation or dilution, or take such other actions as it shall reasonably deem appropriate under the circumstances to protect such material Patent or Trademark.

(j) Promptly, but in any event within a reasonable time after obtaining knowledge, notify the Collateral Agent and the other Secured Parties that any Principal Trademark included in the Collateral is infringed, misappropriated or diluted in any material respect by a third party and promptly sue for infringement, misappropriation or dilution, to seek injunctive relief where appropriate and to recover any and all damages for such infringement, misappropriation or dilution, or take such other actions as it shall reasonably deem appropriate under the circumstances to protect such Principal Trademark.

(k) Except as permitted under Section 5.02(c) of the Credit Agreement, not make any assignment or agreement in conflict with the security interest and Lien in the Patents or Trademarks of each Obligor granted hereunder.

4.13 New Patents, Copyrights and Trademarks. If and when any Obligor shall obtain rights to any new Trademarks, Patents, Trademark Licenses, Copyright Licenses, Patent Licenses, Copyrights, any reissue, renewal or extension of any Trademark, Patent, Copyright, or any applications for new Trademarks, Patents, or Copyrights, in each case, that constitute US IP Collateral or are otherwise material, the provisions of this Security Agreement shall automatically apply thereto and such Obligor shall give to the Collateral Agent and the Administrative Agent notice thereof in no event later than 120 days after the close of each fiscal year. In addition, each such Obligor shall promptly after providing notice to the Collateral Agent provide to Collateral Agent, upon the request of the Collateral Agent: (a) with respect to such new Copyrights, a duly executed Copyright Security Agreement; (b) with respect to such new Patents, a duly executed Patent Security Agreement; (c) with respect to such new Trademarks, a duly executed Trademark Security Agreement; or (d) subject to any limitations set forth in the Credit Agreement, such other duly executed documents as the Collateral Agent may request in a form acceptable to counsel for the Collateral Agent and suitable for recording to evidence the security interest and Lien in such Obligor’s interest in such Patent, Trademark, Copyright or Copyright License, Patent License or Trademark License which is the subject of such new application.

4.14 Insurance. Have and maintain at all times with respect to the Collateral the same types and amounts of insurance as the Obligors are required to maintain pursuant to the Credit Agreement. All insurance proceeds shall be subject to the Lien of the Collateral Agent and the other Secured Parties hereunder; provided that any such insurance proceeds may be retained by the Obligors to the extent permitted under the Credit Agreement.

 

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4.15 Bank Accounts. Upon the occurrence and during the continuation of an Event of Default, at the Collateral Agent’s request, institute and at all times thereafter, maintain such lockbox, restricted or other accounts and any replacement or successor accounts relating thereto, and cause all amounts received in lockboxes relating thereto to be deposited into the applicable accounts and to be applied as the Collateral Agent may reasonably request. All amounts on deposit in such accounts and any replacement or successor accounts relating thereto shall be subject to the Lien of the Collateral Agent and the other Secured Parties hereunder.

4.16 Additional Information. Upon the occurrence and during the continuance of an Event of Default and at the direction of the Collateral Agent, each Obligor shall provide the following to the Collateral Agent:

(a) Information regarding the location and ownership of the Collateral including the Inventory and Equipment of each Obligor, and whether the Collateral is stored with a bailee, warehouseman, or similar party;

(b) Information regarding all Letter-of-Credit Rights and Commercial Tort Claims of each Obligor;

(c) Information regarding any of the Collateral which constitutes Farm Products;

(d) Information regarding each Account of the Obligors and the papers and documents relating thereto and information regarding the sales and services from which the Accounts arise;

(e) Information regarding the Inventory of each Obligor and whether any such Inventory is held by an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement, and information regarding records itemizing and describing the type, quality, and quantity of its Inventory and the book value thereof; and

(f) At the direction of the Collateral Agent, each Obligor shall use its best efforts to the fullest extent possible under Section 2.02 to ensure that any Collateral with a Fair Market Value individually, or in the aggregate, in excess of $500,000 does not qualify as Excluded Collateral.

4.17 Letter-of-Credit Rights. By granting a Lien and security interest in its Letter-of-Credit Rights to the Collateral Agent, each Obligor intends to (and hereby does) assign to the Collateral Agent its rights to the Proceeds of all letters of credit of which it is or hereafter becomes a beneficiary or assignee, and each Obligor, upon the occurrence and during the continuance of an Event of Default, will, promptly upon request by the Collateral Agent, (i) notify (and such Obligor hereby authorizes the Collateral Agent to notify) the issuer and each nominated Person with respect to

 

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each of the letters of credit, the Proceeds of which have been assigned to the Collateral Agent hereunder, that any payments due or to become due in respect thereof are to be made directly to the Collateral Agent or its designee and (ii) arrange for the Collateral Agent to become the transferee beneficiary of any letter of credit.

4.18 Commercial Tort Claims. Upon the occurrence and during the continuance of an Event of Default, each Obligor will, promptly upon request by the Collateral Agent, execute or otherwise authenticate a supplement to this Security Agreement, and otherwise take all necessary action to subject the Commercial Tort Claims of such Obligor to the Lien and security interest created under this Security Agreement.

4.19 Covenants Relating to Real Property. Each Obligor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property.

ARTICLE V. SPECIAL PROVISIONS RELATING TO RECEIVABLES.

Anything herein to the contrary notwithstanding, each of the Obligors shall remain liable under each of the Receivables to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such Receivable. Neither the Collateral Agent nor any other Secured Party shall have any obligation or liability under any Receivable (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent or any other Secured Party of any payment relating to such Receivable pursuant hereto, nor shall the Collateral Agent or any other Secured Party be obligated in any manner to perform any of the obligations of an Obligor under or pursuant to any Receivable (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Receivable (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

ARTICLE VI. SPECIAL PROVISIONS REGARDING INVENTORY.

Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Collateral Agent instructs such Obligor otherwise, without further consent or approval of the Collateral Agent, use, consume, sell, lease and exchange the Inventory in the ordinary course of its business as presently conducted, whereupon, in the case of such a sale or exchange, the security interest and Lien created hereby in the Inventory so sold or exchanged (but not in any proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Collateral Agent.

 

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ARTICLE VII. ADVANCES BY LENDERS.

On failure of any Obligor to perform any of the covenants and agreements contained herein, the Collateral Agent may, at its sole option and in its sole discretion, perform the same and in so doing may expend such sums as the Collateral Agent may reasonably deem advisable in the performance thereof, including the payment of any insurance premiums, the payment of any taxes, a payment to obtain a release of a Lien or potential Lien (other than a Permitted Lien), expenditures made in defending against any adverse claim (other than a Permitted Lien) and all other expenditures which the Collateral Agent or the other Secured Parties may make for the protection of the security hereof or which may be compelled to make by operation of law. All such sums and amounts so expended shall be repayable by the Obligors on a joint and several basis promptly upon timely notice thereof and demand therefor, shall constitute additional Secured Obligations and shall bear interest from the date said amounts are expended at the Default Rate for the Loans. No such performance of any covenant or agreement by the Collateral Agent or the other Secured Parties on behalf of any Obligor, and no such advance or expenditure therefor, shall relieve the Obligors of any default under the terms of this Security Agreement or the other Credit Documents. The Secured Parties may make any payment hereby authorized in accordance with any bill, statement or estimate procured from the appropriate public office or holder of the claim to be discharged without inquiry into the accuracy of such bill, statement or estimate or into the validity of any tax assessment, sale, forfeiture, tax lien, title or claim except to the extent such payment is being contested in good faith by an Obligor in appropriate proceedings and against which adequate reserves are being maintained in accordance with GAAP.

ARTICLE VIII. EVENTS OF DEFAULT.

The occurrence of an event or existence of a condition which under the Credit Agreement would constitute an Event of Default (as defined in the Credit Agreement) shall be an event of default hereunder (an “Event of Default”).

ARTICLE IX. REMEDIES.

9.01 General Remedies. Upon the occurrence of an Event of Default and during continuation thereof, the Collateral Agent shall have, in addition to the rights and remedies provided herein, in the Credit Documents in respect of the Secured Obligations or by law (including the rights and remedies set forth in the Uniform Commercial Code of the jurisdiction applicable to the affected Collateral), the rights and remedies of a secured party under the UCC (regardless of whether the UCC is the law of the jurisdiction where the rights and remedies are asserted and regardless of whether the UCC applies to the affected Collateral), and further, the Required Lenders (at their election but without notice of their election and without demand) may authorize and instruct the Collateral

 

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Agent to do any of the following on behalf of the Secured Parties (and the Collateral Agent, acting on the instructions of the Required Lenders, shall do the same on behalf of the Secured Parties), with or without judicial process or the aid and assistance of others and to the extent permitted by applicable law, (i) enter on any premises on which any of the Collateral may be located and, without resistance or interference by the Obligors, take possession of the Collateral, (ii) dispose of any Collateral on any such premises, (iii) require the Obligors to assemble and make available to the Collateral Agent at the expense of the Obligors any Collateral at any place and time designated by the Collateral Agent which is reasonably convenient to both parties, (iv) remove any Collateral from any such premises for the purpose of effecting sale or other disposition thereof, and/or (v) without demand and without advertisement, notice, hearing or Requirement of Law, all of which each of the Obligors hereby waives to the fullest extent permitted by law, at any place and time or times, sell and deliver any or all Collateral held by or for it at public or private sale, by one or more contracts, in one or more parcels, for Cash, upon credit or otherwise, at such prices and upon such terms as the Collateral Agent deems advisable, in its sole discretion (subject to any and all mandatory legal requirements). Each Obligor also agrees that Collateral Agent shall at all times have such royalty-free licenses, to the extent permitted by law and existing contracts, for any Trademarks, Trademark Licenses, Patents, Patent Licenses, Copyrights and Copyright Licenses that are reasonably necessary to permit the exercise of any of the Collateral Agent’s rights or remedies upon or after the occurrence of (and during the continuance of) an Event of Default with respect to (among other things) any tangible asset of any Obligor in which the Collateral Agent or the other Secured Parties have a security interest and Lien, including the Collateral Agent’s rights to sell Inventory, tooling or packaging which is required by Obligor (or such Obligor’s successor, assignee or trustee under any applicable Debtor Relief Law), subject, in the case of Trademarks, to sufficient quality control by the Collateral Agent to the extent the exercise of such rights by the Collateral Agent has a reasonable likelihood of invalidation of such Trademarks. In addition to and without limiting any of the foregoing, upon the occurrence and during the continuance of an Event of Default, the Collateral Agent shall have the right, but shall in no way be obligated, to bring suit, or to take such other action as the Collateral Agent deems necessary or advisable, in the name of any Obligor or the Collateral Agent, to enforce or protect any of the Trademarks, Trademark Licenses, Patents, Patent Licenses, Copyrights, and Copyright Licenses, in which event any Obligor shall, at the request of the Collateral Agent, do any and all lawful acts and execute any and all documents required by the Collateral Agent in aid of such enforcement. In addition to all other sums due the Collateral Agent and the other Secured Parties with respect to the Secured Obligations, the Obligors shall pay the Collateral Agent and each of the other Secured Parties all costs and expenses incurred by the Collateral Agent or any such Secured Party, including attorneys’ fees and court costs, in obtaining or liquidating the Collateral, in enforcing payment of the Secured Obligations, or in the prosecution or defense of any action or proceeding by or against the Collateral Agent or the other Secured Parties or the Obligors concerning any matter arising out of or connected with this Security Agreement, any Collateral or the Secured Obligations, including any of the foregoing arising in, arising under or related to a case under any Debtor Relief Law. To the extent the rights of notice cannot be legally waived hereunder, each Obligor agrees that any requirement of reasonable notice shall be met if such notice is in writing, personally served, faxed mailed, or delivered, to the Obligors in accordance with the notice provisions of Section 8.01 of the Credit Agreement at least ten (10) days before the time of sale or other event giving rise to the requirement of such notice. The Collateral Agent and the

 

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other Secured Parties shall not be obligated to make any sale or other disposition of the Collateral regardless of notice having been given. To the extent permitted by law, any Lender may be a purchaser and may credit bid at any such sale. To the extent permitted by applicable law, each of the Obligors hereby waives all of its rights of redemption with respect to any such sale. Subject to the provisions of applicable law, the Collateral Agent and the other Secured Parties may postpone or cause the postponement of the sale of all or any portion of the Collateral by announcement at the time and place of such sale, and such sale may, without further notice, to the extent permitted by law, be made at the time and place to which the sale was postponed, or the Collateral Agent and the other Secured Parties may further postpone such sale by announcement made at such time and place.

9.02 Remedies Relating to Receivables. Upon the occurrence of an Event of Default and during the continuation thereof, whether or not the Collateral Agent has exercised any or all of its other rights and remedies hereunder, the Collateral Agent or its designee may notify any Obligor’s customers, counterparties and account debtors that the Receivables of such Obligor have been assigned to the Collateral Agent, for the benefit of the Secured Parties, or of the Collateral Agent’s or the other Secured Parties’ security interest and Lien therein, and may (either in its own name or in the name of an Obligor or both) demand, collect (including through any lockboxes, blocked accounts, dominion of funds arrangements, and/or control agreements that may be established upon the Collateral Agent’s request upon the occurrence and during the continuation of an Event of Default), receive, take receipt for, sell, sue for, compound, settle, compromise and give acquittance for any and all amounts due or to become due on any Receivable, and, in the Collateral Agent’s discretion, file any claim or take any other action or proceeding to protect and realize upon the security interest and Lien of the Secured Parties in the Receivables. Each Obligor acknowledges and agrees that the Proceeds of its Receivables remitted to or on behalf of the Collateral Agent in accordance with the provisions hereof shall be solely for the Collateral Agent’s own convenience and that such Obligor shall not have any right, title or interest in such Receivables or in any such other amounts except as expressly provided herein. The Collateral Agent may apply all or any part of any Proceeds of Receivables or other Collateral received by it in accordance with this Section 9.02 from any source to the payment of the Secured Obligations (whether or not then due and payable). The Collateral Agent shall have no obligation to apply or give credit for any item included in Proceeds of Receivables or other Collateral until any bank at which a lockbox, restricted or other account as may be established (an “Account Bank”) has received final payment therefor at its offices in Cash. However, if the Collateral Agent does permit credit to be given for any item prior to an Account Bank receiving final payment therefor and such Account Bank fails to receive such final payment or an item is charged back to the Collateral Agent or any Account Bank for any reason, the Collateral Agent may at its election, in either instance, charge the amount of such item back against any such lockbox, restricted or other accounts, together with interest thereon at a rate per annum equal to the Default Rate for the Revolving Loans. Each Obligor hereby indemnifies the Collateral Agent, each other Secured Party and their respective officers, directors, employees and agents from and against all liabilities, damages, losses, actions, claims, judgments, costs, expenses, charges and reasonable attorneys’ fees (except such as result from the Collateral Agent’s gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction) suffered or incurred by the Collateral Agent or any other Secured Party because of

 

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the maintenance of the foregoing arrangements. Neither the Collateral Agent nor any other Secured Party shall have liability or responsibility to any Obligor for an Account Bank accepting any check, draft or other order for payment of money bearing the legend “payment in full” or words of similar import or any other restrictive legend or endorsement whatsoever or be responsible for determining the correctness of any remittance (it being understood that this sentence shall in no way affect the liability or responsibility of any such Account Bank).

9.03 Access. In addition to the rights and remedies hereunder, upon the occurrence of an Event of Default and during the continuance thereof, the Collateral Agent shall have the right to take physical possession of any and all of the Collateral and anything found therein, the right for that purpose to enter without legal process and without breach of the peace any premises where the Collateral may be found (provided such entry be done lawfully), and the right to maintain such possession on any Obligor’s premises (each Obligor hereby agreeing to lease warehouses and storage facilities to the Collateral Agent or its designee if the Collateral Agent so requests) or to remove the Collateral or any part thereof to such other places as the Collateral Agent may desire. Upon the occurrence of any Event of Default and at any time thereafter, unless and until such Event of Default has been waived by the Secured Parties or cured to the satisfaction of the Secured Parties, each Obligor shall, upon the Collateral Agent’s demand, assemble the Collateral and make it available to the Collateral Agent at a place reasonably designated by the Collateral Agent. If the Collateral Agent exercises its right to take possession of the Collateral, each Obligor shall also at its expense perform any and all other steps reasonably requested by the Collateral Agent to preserve and protect the security interest and Lien hereby granted in the Collateral, such as placing and maintaining signs indicating the security interest and Lien of the Collateral Agent and the other Secured Parties, appointing overseers for the Collateral and maintaining Inventory records.

9.04 Nonexclusive Nature of Remedies. Failure by the Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Credit Document or as provided by law, or any delay by the Collateral Agent or the other Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Collateral Agent, the other Secured Parties, nor any party acting as attorney for the Collateral Agent or the other Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Collateral Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Collateral Agent or the other Secured Parties may have.

9.05 Retention of Collateral.

 

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Upon the occurrence and during the continuation of an Event of Default, the Collateral Agent may, after providing the notices required by Section 9-621 of the UCC or otherwise complying with the requirements of applicable law of the relevant jurisdiction, to the extent the Collateral Agent is in possession of any of the Collateral, retain the Collateral in satisfaction of the Secured Obligations. Unless and until the Collateral Agent shall have provided such notices, however, the Collateral Agent shall not be deemed to have retained any Collateral in satisfaction of any Secured Obligations for any reason.

9.06 Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the other Secured Parties are legally entitled, the Obligors shall be jointly and severally liable for the deficiency, together with interest thereon at the Default Rate for the Loans, together with the costs of collection and the fees of any attorneys employed by the Collateral Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Obligors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

ARTICLE X. RIGHTS OF THE COLLATERAL AGENT.

10.01 Power of Attorney. In addition to other powers of attorney contained herein, each Obligor hereby designates and appoints the Collateral Agent, on behalf of the Secured Parties, and each of its designees or agents, as attorney-in-fact of such Obligor, irrevocably and with power of substitution, with authority to take any or all of the following actions with respect to the Collateral upon the occurrence and during the continuance of an Event of Default:

(a) to demand, collect or settle, compromise, adjust, give discharges and releases, all as the Collateral Agent may reasonably determine;

(b) to commence and prosecute any actions at any court for the purposes of collecting any Collateral and enforcing any other right in respect thereof;

(c) to defend, settle or compromise any action brought and, in connection therewith, give such discharge or release as the Collateral Agent may deem reasonably appropriate;

(d) to receive, open and dispose of mail addressed to an Obligor and endorse checks, notes, drafts, acceptances, money orders, bills of lading, warehouse receipts or other instruments or documents evidencing payment, shipment or storage of the goods giving rise to the Collateral of such Obligor on behalf of and in the name of such Obligor, or securing, or relating to such Collateral;

 

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(e) to sell, assign, transfer, make any agreement in respect of, or otherwise deal with or exercise rights in respect of, any Collateral or the goods or services which have given rise thereto, as fully and completely as though the Collateral Agent were the absolute owner thereof for all purposes;

(f) to adjust and settle claims under any insurance policy relating thereto;

(g) to execute and deliver all assignments, conveyances, statements, financing statements, renewal financing statements, security agreements, affidavits, notices and other agreements, instruments and documents that the Collateral Agent may determine necessary in order to perfect and maintain the security interests and Liens granted in this Security Agreement and in order to fully consummate all of the transactions contemplated therein;

(h) to institute any foreclosure proceedings that the Collateral Agent may deem appropriate; and

(i) to do and perform all such other acts and things as the Collateral Agent may reasonably deem to be necessary, proper or convenient in connection with the Collateral.

This power of attorney is a power coupled with an interest and shall be irrevocable for so long as any of the Secured Obligations remain outstanding or any Credit Document in respect of the Secured Obligations is in effect or any Letter of Credit shall remain outstanding, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. The Collateral Agent shall be under no duty to exercise or withhold the exercise of any of the rights, powers, privileges and options expressly or implicitly granted to the Collateral Agent in this Security Agreement, and shall not be liable for any failure to do so or any delay in doing so. The Collateral Agent shall not be liable for any act or omission or for any error of judgment or any mistake of fact or law in its individual capacity or its capacity as attorney-in-fact except acts or omissions resulting from its gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. This power of attorney is conferred on the Collateral Agent solely to protect, preserve and realize upon its security interest and Lien in the Collateral.

10.02 Performance by the Collateral Agent of Obligations. If any Obligor fails to perform any agreement or obligation contained herein, the Collateral Agent itself may perform, or cause performance of, such agreement or obligation, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Obligors on a joint and several basis pursuant to Section 11.16.

10.03 Assignment by the Secured Parties. Subject to Section 8.05(c) of the Credit Agreement, any of the Secured Parties may from time to time assign the Secured Obligations or any portion thereof, and the assignee shall be entitled to all of the rights and remedies of such Secured Party under this Security Agreement in relation thereto.

10.04 The Collateral Agent’s Duty of Care.

 

29


Other than the exercise of reasonable care to assure the safe custody of the Collateral while being held by the Collateral Agent hereunder, the Collateral Agent shall have no duty or liability to preserve rights pertaining thereto, it being understood and agreed that the Obligors shall be responsible for preservation of all rights in the Collateral, and the Collateral Agent shall be relieved of all responsibility for the Collateral upon surrendering it or tendering the surrender of it to the Obligors. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, which shall be no less than the treatment employed by a reasonable and prudent agent in the industry, it being understood that the Collateral Agent shall not have responsibility for taking any necessary steps to preserve rights against any parties with respect to any of the Collateral.

ARTICLE XI. MISCELLANEOUS.

11.01 Costs of Counsel. If at any time hereafter, (a) whether upon the occurrence of an Event of Default or not, the Collateral Agent employs counsel to (i) prepare or consider amendments, waivers or consents with respect to this Security Agreement, (ii) take action or make a response in or with respect to any legal or arbitral proceeding relating to this Security Agreement or relating to the Collateral or (iii) protect the Collateral or (b) whether upon the occurrence of an Event of Default or not, the Collateral Agent or any other Secured Party employs counsel to or exercise any rights or remedies under this Security Agreement or with respect to the Collateral or to seek relief from the automatic or similar stay in effect under any Debtor Relief Law, then the Obligors agree to promptly pay upon demand any and all such costs and expenses of the Collateral Agent and the other Secured Parties, as applicable, all of which costs and expenses shall constitute Secured Obligations hereunder.

11.02 Continuing Agreement.

(a) This Security Agreement shall be a continuing agreement in every respect and shall remain in full force and effect so long as any of the Secured Obligations remain outstanding or any Credit Documents in respect of the Secured Obligations are in effect or any Letter of Credit shall remain outstanding, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. Upon such payment and termination, this Security Agreement shall be automatically terminated and the Collateral Agent, on behalf of the Secured Parties, shall, upon the request and at the expense of the Obligors, forthwith release all of the Liens and security interests hereunder and shall deliver and authorize the filing of all UCC termination statements and/or other documents reasonably requested by the Obligors evidencing such termination. Notwithstanding the foregoing all releases and indemnities provided hereunder shall survive termination of this Security Agreement.

 

30


(b) This Security Agreement shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Secured Obligations is rescinded or must otherwise be restored or returned by the Collateral Agent or any other Secured Party as a preference, fraudulent conveyance or otherwise under any Debtor Relief Law, all as though such payment had not been made; provided that in the event payment of all or any part of the Secured Obligations is rescinded or must be restored or returned, all costs and expenses (including any legal fees and disbursements) incurred by the Collateral Agent or any other Secured Party in defending and enforcing such reinstatement shall be deemed to be included as a part of the Secured Obligations.

11.03 Amendments; Waivers; Modifications. This Security Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 8.04 of the Credit Agreement.

11.04 Successors in Interest. This Security Agreement shall create a continuing security interest and Lien in the Collateral and shall be binding upon each Obligor, its successors and assigns and shall inure, together with the rights and remedies of the Collateral Agent and the other Secured Parties hereunder, to the benefit of the Collateral Agent and the other Secured Parties and their successors and permitted assigns; provided, however, that none of the Obligors may assign its rights or delegate its duties hereunder except as permitted by the Credit Agreement. To the fullest extent permitted by law, each Obligor hereby releases the Collateral Agent and each other Secured Party, and its successors and permitted assigns, from any liability for any act or omission relating to this Security Agreement or the Collateral, except for any liability arising from the gross negligence or willful misconduct of the Collateral Agent, or such other Secured Party, or its officers, employees or agents, as determined by a final non-appealable judgment of a court of competent jurisdiction.

11.05 Notices. All notices required or permitted to be given under this Security Agreement shall be in conformance with Section 8.01 of the Credit Agreement; all notices to the Collateral Agent shall be sent to the address of the Administrative Agent set forth on Schedule IV to the Credit Agreement and all notices to any Obligor shall be sent to such Obligor’s address as set forth on Schedule 3.01.

11.06 Counterparts. This Security Agreement may be executed in any number of counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Transmission by facsimile or other electronic transmission of an executed counterpart of this Security Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

11.07 Headings.

 

31


The section and subsection headings appearing in this Security Agreement are included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Security Agreement.

11.08 Governing Law. Unless otherwise expressly provided in any Credit Document, this Security Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law). The scope of the foregoing governing law provision is intended to be all-encompassing of any and all disputes that may be brought in any court or any mediation or arbitration proceeding and that relate to the subject matter of the Credit Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims.

11.09 Submission to Jurisdiction. Each Obligor irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Security Agreement may be brought against such party in any such courts. Final judgment against any Obligor in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Section 11.09 shall affect the right of the Collateral Agent or any other Secured Party to commence legal proceedings or otherwise sue any Obligor in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon any Obligor in any manner authorized by the laws of any such jurisdiction. Each of the Obligors agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. Each of the Obligors irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to in the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Security Agreement or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Security Agreement or any other Credit Document to post security for the costs of any Obligor or to post a bond or to take similar action.

11.10 Waiver of Jury Trial. EACH OF THE OBLIGORS, THE COLLATERAL AGENT AND THE OTHER SECURED PARTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE

 

32


LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS SECURITY AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

11.11 Severability. If at any time any provision of this Security Agreement is or becomes illegal, invalid or unenforceable in any respect under the law or any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Security Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.

11.12 Collateral Agent. Each reference herein to any right granted to, benefit conferred upon or power exercisable by the “Collateral Agent” shall be a reference to the Collateral Agent, for the benefit of the Secured Parties.

11.13 Survival. All representations and warranties of the Obligors hereunder shall survive the execution and delivery of this Security Agreement and the other Credit Documents, the delivery of the Notes and the making of the Loans and the issuance of the Letters of Credit under the Credit Agreement.

11.14 Other Security; Marshaling.

(a) To the extent that any of the Secured Obligations are now or hereafter secured by property other than the Collateral (including real property and securities owned by an Obligor or any other Person), or by a guarantee agreement, endorsement or property of any other Person, then the Collateral Agent and the other Secured Parties shall have the right to proceed against such other property, guarantee agreement or endorsement upon the occurrence and during the continuance of any Event of Default, and the Collateral Agent and the other Secured Parties have the right, in their sole discretion, to determine which rights, security, Liens, security interests or remedies the Collateral Agent and the other Secured Parties shall at any time thereafter pursue or take, or at any time relinquish, subordinate or modify with respect thereto, without in any way modifying or affecting any of them or any of the Collateral Agent’s and the other Secured Parties’ rights or the Secured Obligations under this Security Agreement, under any other of the Credit Documents or otherwise.

(b) The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative

 

33


and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Obligor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies under this Security Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Obligor hereby irrevocably waives the benefits of all such laws.

11.15 Joint and Several Obligations of Obligors.

(a) Each of the Obligors is accepting joint and several liability hereunder in consideration of the financial accommodation to be provided by the Secured Parties under the Credit Agreement, for the mutual benefit, directly and indirectly, of each of the Obligors and in consideration of the undertakings of each of the Obligors to accept joint and several liability for the obligations of each of them.

(b) Each of the Obligors jointly and severally hereby irrevocably and unconditionally accepts, not merely as a surety but also as a co-debtor, joint and several liability with the other Obligors with respect to the payment and performance of all of the Secured Obligations arising under this Security Agreement or the other Credit Documents, it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each of the Obligors without preferences or distinction among them.

(c) Notwithstanding anything provided in clauses (a) and (b) of this Section 11.15, no Obligor (other than CBII) shall be liable, directly or indirectly, for any Secured Obligations of CBII.

11.16 Rights of Required Lenders. All rights of the Collateral Agent hereunder, if not exercised by the Collateral Agent, may be exercised by the Required Lenders.

11.17 Joinder. In the event a party becomes an Obligor (each, a “New Obligor”) pursuant to a Joinder Agreement, upon execution of such Joinder Agreement, such New Obligor shall be bound by all the terms and conditions hereof to the same extent as though such New Obligor had originally executed this Security Agreement. The addition of each New Obligor shall not in any manner affect the obligations of the other Obligors hereunder. Each Obligor hereto acknowledges that Schedules 3.01, 3.02 and 3.06 may be amended or modified in connection with the addition of any New Obligor to reflect information relating to such New Obligor.

11.18 Lender Rate Contracts. So long as the terms thereof are in compliance with the Credit Agreement, each Lender Rate Contract shall be secured by the Lien of this Security Agreement to the extent, and, notwithstanding any other provision, if any, in this Security

 

34


Agreement, only to the extent provided in the Credit Agreement, including Section 7.07 of the Credit Agreement. Such security shall be on a silent basis, so that, notwithstanding any other provision, if any, in this Security Agreement, the Credit Agreement or any other Credit Document, no holders of Lender Rate Contracts shall be able to take any action in respect of the Collateral nor instruct the Collateral Agent or the Required Lenders to take any action in respect of the Collateral.

11.19 Release of Liability of Obligor. In the event that all of the capital stock or other Equity Interests of one or more Obligors is sold or otherwise disposed of (except to any of the CBII Entities) or liquidated in compliance with the requirements of the Credit Agreement and the proceeds of such sale, disposition or liquidation are applied as permitted or required by the terms of the Credit Agreement, such Obligor shall, upon consummation of such sale or other disposition, be released from this Security Agreement automatically and without further action and this Security Agreement shall, as to each such Obligor, terminate, and have no further force or effect (it being understood and agreed that the sale of one or more Persons that own, directly or indirectly, all of the Equity Interests of any Obligor shall be deemed to be a sale of such Obligor for purposes of this Section 11.19).

11.20 Construction. This Security Agreement is the result of negotiations among, and has been reviewed by, the Obligors, the Collateral Agent and their respective counsel. Accordingly, this Security Agreement shall be deemed to be the product of all parties hereto, and no ambiguity shall be construed in favor of or against the Obligors, the Collateral Agent or any other Secured Party.

[Remainder of page intentionally left blank.]

 

35


Each of the parties hereto has caused a counterpart of this Security Agreement to be duly executed and delivered as of the date first above written.

 

OBLIGORS:
AMERICAN PRODUCE COMPANY
By:  

 

Name:  

 

Title:  

 

B C SYSTEMS, INC.
By:  

 

Name:  

 

Title:  

 

BOCAS FRUIT CO. L.L.C.
By:  

 

Name:  

 

Title:  

 

CHIQUITA BRANDS INTERNATIONAL, INC.
By:  

 

Name:  

 

Title:  

 

CHIQUITA BRANDS L.L.C.
By:  

 

Name:  

 

Title:  

 

 

SECURITY AGREEMENT


CHIQUITA FRESH NORTH AMERICA L.L.C.
By:  

 

Name:  

 

Title:  

 

COAST CITRUS DISTRIBUTORS HOLDING COMPANY
By:  

 

Name:  

 

Title:  

 

FRESH EXPRESS INCORPORATED
By:  

 

Name:  

 

Title:  

 

FRESH INTERNATIONAL CORP.
By:  

 

Name:  

 

Title:  

 

TRANSFRESH CORPORATION
By:  

 

Name:  

 

Title  

 

 

SECURITY AGREEMENT


VERDELLI FARMS, INC.
By:  

 

Name:  

 

Title:  

 

 

SECURITY AGREEMENT


COLLATERAL AGENT:

Accepted and agreed to as of the date first above written.

COÖPERATIEVE CENTRALE RAIFFEISEN –

BOERENLEENBANK B.A., “RABOBANK

NEDERLAND”, NEW YORK BRANCH, as Collateral Agent

 

By:  

 

Name:  

 

Title:  

 

By:  

 

Name:  

 

Title:  

 

 

SECURITY AGREEMENT


Schedule 3.01

Location of Obligors

Schedule 3.02

Exact Legal Name

Schedule 3.05

Chiquita Pledged Intercompany Notes

Schedule 3.06

Copyrights, Patents, Trademarks, and Trademark Licenses

Schedule 4.07


EXHIBIT M

[FORM OF] COPYRIGHT SECURITY AGREEMENT

This COPYRIGHT SECURITY AGREEMENT (this “Copyright Security Agreement”) is entered into as of March 31, 2008 among CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Company”), each other Person (as defined in the Security Agreement as defined below) which is listed on Schedule I as a grantor (hereinafter the Company and such other Persons are collectively referred to as the “Grantors” or individually referred to as a “Grantor”) and COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as collateral agent (in such capacity, the “Collateral Agent”) for itself and the other Secured Parties (as defined in the Credit Agreement as defined below).

RECITALS

A. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among the Company, Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), each of the Lenders party thereto from time to time, Rabobank, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Persons party thereto, the Lenders are willing to make certain financial accommodations available to the Company from time to time pursuant to the terms and conditions thereof.

B. The Administrative Agent has agreed to act as the Collateral Agent for the benefit of the Secured Parties in connection with the transactions contemplated by this Copyright Security Agreement.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Borrower as provided for in the Credit Agreement, the Obligors have agreed to execute and deliver this Copyright Security Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors hereby agree as follows:

ARTICLE I. DEFINED TERMS.

All capitalized terms used but not otherwise defined herein have the meanings given to them in the Security Agreement and the Credit Agreement, as applicable.


ARTICLE II. GRANT OF SECURITY INTEREST AND LIENS IN COPYRIGHT COLLATERAL.

2.01 Each Grantor, in order to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations owed by such Grantor, hereby grants to the Collateral Agent, for the benefit of itself and the other Secured Parties, a continuing security interest and Lien in and right to set off against any and all right, title and interest of such Grantor in and to the following whether now owned or owned, acquired or arising hereafter (collectively, the “Copyright Collateral”):

(a) all of its Copyrights, and all Copyright Licenses to which it is a party, including those referred to opposite such Grantor’s name on Schedule I hereto;

(b) to the extent not included in the definition of “Copyrights” (as defined in the Security Agreement), all applications for registration, registrations, renewals, continuations or extensions, of the foregoing;

(c) to the extent not otherwise included, all Proceeds and products of and from the foregoing, including any claim by such Grantor against third parties for past, present or future (i) infringement of any Copyright or any Copyright licensed under any Copyright License and (ii) Copyright License royalties.

2.02 Anything contained in this Copyright Security Agreement to the contrary notwithstanding, the term “Copyright Collateral” shall not include any Copyright or Copyright License that is held by any Grantor, as a licensee, to the extent that: (a) as a result of the grant of a security interest or Lien therein, such Grantor’s rights in or with respect to such asset would be forfeited or such Grantor would be deemed to have breached or defaulted under the applicable license or other agreement; and (b) any such restriction is effective and enforceable under applicable law, including after giving full effect to Section 9-408 of the UCC; provided, however, that the term “Copyright Collateral” shall include (1) any and all Proceeds of such Copyrights and Copyright Licenses, and (2) such Copyrights and Copyright Licenses at any time that the restrictions in the license or other agreement are no longer effective or enforceable (including as a result of the exercise of an option to purchase or the repayment of the secured financing) or at any time that the applicable licensor or other applicable party’s consent is obtained to the grant of a security interest and Lien in and to such Copyright or Copyright License in favor of Collateral Agent, for the benefit of the Secured Parties.

2.03 Each Grantor and the Collateral Agent, on behalf of itself and the Secured Parties, hereby acknowledges and agrees that the security interest and Lien created hereby in the Copyright Collateral (i) constitutes continuing collateral security for all of the Secured Obligations of such Grantor, whether now existing or hereafter arising and (ii) is not to be construed as an assignment or sale of any Copyrights or Copyright Licenses. Notwithstanding anything contained in this Copyright Security Agreement, no Subsidiary of CBII shall be deemed to have granted by reason of this Copyright Security Agreement or any of the other Credit Documents any Lien on any of its property or assets to secure any liabilities or Secured Obligations of CBII.

 

2


ARTICLE III. APPOINTMENT OF COLLATERAL AGENT AS ATTORNEY-IN-FACT.

3.01 The Grantors hereby irrevocably constitute and appoint the Collateral Agent and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority in the name of the Grantors or in its name, from time to time, in the Collateral Agent’s discretion, so long as any Event of Default has occurred and is continuing, to take with respect to the Copyright Collateral any and all appropriate action which Grantors might take with respect to the Copyright Collateral and to execute any and all documents and instruments which may be necessary or desirable to carry out the terms of this Copyright Security Agreement and to accomplish the purposes hereof.

3.02 This power of attorney is a power coupled with an interest and shall be irrevocable for so long as any of the Secured Obligations remain outstanding or any Credit Document in respect of the Secured Obligations is in effect, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. The Collateral Agent shall be under no duty to exercise or withhold the exercise of any of the rights, powers, privileges and options expressly or implicitly granted to the Collateral Agent in this Security Agreement, and shall not be liable for any failure to do so or any delay in doing so. The Collateral Agent shall not be liable for any act or omission or for any error of judgment or any mistake of fact or law in its individual capacity or its capacity as attorney-in-fact except acts or omissions resulting from its gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. This power of attorney is conferred on the Collateral Agent solely to protect, preserve and realize upon its security interest and Lien in the Copyright Collateral.

ARTICLE IV. AGREEMENT BY GRANTORS NOT TO ASSIGN OR ENCUMBER ANY OF THE COPYRIGHT COLLATERAL.

Except to the extent not prohibited in the Security Agreement or the Credit Agreement, Grantors agree not to sell, license, exchange, assign or otherwise transfer or dispose of, or grant any rights with respect to, or mortgage or otherwise encumber, any of the foregoing Copyright Collateral.

ARTICLE V. SECURITY AGREEMENT.

The rights, Liens and security interests granted pursuant to this Copyright Security Agreement are granted in conjunction with the Liens and security interests granted to the Collateral Agent, on behalf of itself and the Secured Parties, pursuant to the Security Agreement. The Grantors hereby acknowledge and affirm that the rights and remedies of the Collateral Agent with respect to the security interest and Lien in the Copyright Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event of a conflict, the Security Agreement shall control.

 

3


ARTICLE VI. RECORDATION.

Each Grantor authorizes and requests that the Register of Copyrights and any other applicable government officer record this Copyright Security Agreement.

ARTICLE VII. GOVERNING LAW; WAIVER OF JURY TRIAL; SUBMISSION TO JURISDICTION; VENUE.

UNLESS OTHERWISE PROVIDED IN ANY CREDIT DOCUMENT, THIS COPYRIGHT SECURITY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW). THE PROVISIONS OF THE SECURITY AGREEMENT RELATING TO WAIVER OF JURY TRIAL, CONSENT TO JURISDICTION, VENUE AND ARBITRATION ARE HEREBY INCORPORATED BY REFERENCE HEREIN, MUTATIS MUTANDIS.

[signature page follows]

 

4


IN WITNESS WHEREOF, the Grantors have caused a counterpart of this Copyright Security Agreement to be duly executed and delivered as of the date first above written.

 

GRANTORS:

CHIQUITA BRANDS L.L.C., as a Grantor

By:  

 

Name:  

 

Its:  

 

CHIQUITA BRANDS INTERNATIONAL, INC.,

as a Grantor

By:  

 

Name:  

 

Its:  

 

TRANSFRESH CORPORATION, as a Grantor
By:  

 

Name:  

 

Its:  

 

ACCEPTED AND ACKNOWLEDGED BY:

COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A.,

“RABOBANK NEDERLAND”, NEW YORK BRANCH, as Collateral Agent

 

By:  

 

Name:  

 

Title:  

 

By:  

 

Name:  

 

Title:  

 


SCHEDULE I

TO

COPYRIGHT SECURITY AGREEMENT

Chiquita Brands International, Inc.

Chiquita Brands L.L.C.

TransFRESH Corporation


EXHIBIT N

[FORM OF] PATENT SECURITY AGREEMENT

This PATENT SECURITY AGREEMENT (this “Patent Security Agreement”) is entered into as of March 31, 2008 among CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Company”), each other Person (as defined in the Security Agreement as defined below) which is listed on Schedule I as a grantor (hereinafter the Company and such other Persons are collectively referred to as the “Grantors” or individually referred to as a “Grantor”) and COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as collateral agent (in such capacity, the “Collateral Agent”) for itself and the other Secured Parties (as defined in the Credit Agreement as defined below).

RECITALS

A. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among the Company, Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), each of the Lenders party thereto from time to time, Rabobank, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Person party thereto, the Lenders are willing to make certain financial accommodations available to the Company from time to time pursuant to the terms and conditions thereof.

B. The Administrative Agent has agreed to act as the Collateral Agent for the benefit of the Secured Parties in connection with the transactions contemplated by this Patent Security Agreement.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Borrower as provided for in the Credit Agreement, the Obligors have agreed to execute and deliver this Patent Security Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors hereby agree as follows:

ARTICLE I. DEFINED TERMS.

All capitalized terms used but not otherwise defined herein have the meanings given to them in the Security Agreement and the Credit Agreement, as applicable.


ARTICLE II. GRANT OF SECURITY INTEREST AND LIEN IN PATENT COLLATERAL.

2.01 Each Grantor, in order to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations owed by such Grantor, hereby grants to the Collateral Agent, for the benefit of itself and the other Secured Parties, a continuing security interest and Lien in and right to set off against any and all right, title and interest of such Grantor in and to the following whether now owned or owned, acquired or arising hereafter (collectively, the “Patent Collateral”):

(a) all of its Patents, and all Patent Licenses to which it is a party, including those referred to opposite such Grantor’s name on Schedule I hereto;

(b) to the extent not included in the definition of “Patents” (as defined in the Security Agreement), all applications for registration, registrations, reissues, continuations, continuations-in-part, divisionals or extensions of the foregoing; and

(c) to the extent not otherwise included, all Proceeds and products of and from the foregoing, including any claim by such Grantor against third parties for past, present or future (i) infringement of any Patent or any Patent licensed under any Patent License, or (ii) Patent License royalties.

2.02 Anything contained in this Patent Security Agreement to the contrary notwithstanding, the term “Patent Collateral” shall not include any Patent or Patent License that is held by any Grantor, as a licensee, to the extent that: (a) as a result of the grant of a security interest or Lien therein, such Grantor’s rights in or with respect to such asset would be forfeited or such Grantor would be deemed to have breached or defaulted under the applicable license or other agreement; and (b) any such restriction is effective and enforceable under applicable law, including after giving full effect to Section 9-408 of the UCC; provided, however, that the term “Patent Collateral” shall include (1) any and all Proceeds of such Patents and Patent Licenses, and (2) such Patents and Patent Licenses at any time that the restrictions in the license or other agreement are no longer effective or enforceable (including as a result of the exercise of an option to purchase or the repayment of the secured financing) or at any time that the applicable licensor or other applicable party’s consent is obtained to the grant of a security interest and Lien in and to such Patent or Patent License in favor of Collateral Agent, for the benefit of the Secured Parties.

2.03 Each Grantor and the Collateral Agent, on behalf of itself and the Secured Parties, hereby acknowledges and agrees that the security interest and Lien created hereby in the Patent Collateral (i) constitutes continuing collateral security for all of the Secured Obligations of such Grantor, whether now existing or hereafter arising and (ii) is not to be construed as an assignment or sale of any Patents or Patent Licenses. Notwithstanding anything contained in this Patent Security Agreement, no Subsidiary of CBII shall be deemed to have granted by reason of this Patent Security Agreement or any of the other Credit Documents any Lien on any of its property or assets to secure any liabilities or Secured Obligations of CBII.


ARTICLE III. APPOINTMENT OF COLLATERAL AGENT AS ATTORNEY-IN-FACT.

3.01 The Grantors hereby irrevocably constitute and appoint the Collateral Agent and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority in the name of the Grantors or in its name, from time to time, in the Collateral Agent’s discretion, so long as any Event of Default has occurred and is continuing, to take with respect to the Patent Collateral any and all appropriate action which Grantors might take with respect to the Patent Collateral and to execute any and all documents and instruments which may be necessary or desirable to carry out the terms of this Patent Security Agreement and to accomplish the purposes hereof.

3.02 This power of attorney is a power coupled with an interest and shall be irrevocable for so long as any of the Secured Obligations remain outstanding or any Credit Document in respect of the Secured Obligations is in effect, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. The Collateral Agent shall be under no duty to exercise or withhold the exercise of any of the rights, powers, privileges and options expressly or implicitly granted to the Collateral Agent in this Security Agreement, and shall not be liable for any failure to do so or any delay in doing so. The Collateral Agent shall not be liable for any act or omission or for any error of judgment or any mistake of fact or law in its individual capacity or its capacity as attorney-in-fact except acts or omissions resulting from its gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. This power of attorney is conferred on the Collateral Agent solely to protect, preserve and realize upon its security interest and Lien in the Patent Collateral.

ARTICLE IV. AGREEMENT BY GRANTORS NOT TO ASSIGN OR ENCUMBER ANY OF THE PATENT COLLATERAL.

Except to the extent not prohibited in the Security Agreement or the Credit Agreement, Grantors agree not to sell, license, exchange, assign or otherwise transfer or dispose of, or grant any rights with respect to, or mortgage or otherwise encumber, any of the foregoing Patent Collateral.

ARTICLE V. SECURITY AGREEMENT.

The rights, Liens and security interests granted pursuant to this Patent Security Agreement are granted in conjunction with the Liens and security interests granted to the Collateral Agent, on behalf of itself and the Secured Parties, pursuant to the Security Agreement. The Grantors hereby acknowledge and affirm that the rights and remedies of the Collateral Agent with respect to the security interest and Lien in the Patent Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event of a conflict, the Security Agreement shall control.


ARTICLE VI. RECORDATION.

Each Grantor authorizes and requests that the Commissioner for Patents and any other applicable government officer record this Patent Security Agreement.

ARTICLE VII. GOVERNING LAW; WAIVER OF JURY TRIAL; SUBMISSION TO JURISDICTION; VENUE.

UNLESS OTHERWISE PROVIDED IN ANY CREDIT DOCUMENT, THIS PATENT SECURITY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW). THE PROVISIONS OF THE SECURITY AGREEMENT RELATING TO WAIVER OF JURY TRIAL, CONSENT TO JURISDICTION, VENUE AND ARBITRATION ARE HEREBY INCORPORATED BY REFERENCE HEREIN, MUTATIS MUTANDIS.

[signature page follows]

IN WITNESS WHEREOF, the Grantors have caused a counterpart of this Patent Security Agreement to be duly executed and delivered as of the date first above written.

 

GRANTORS:
CHIQUITA BRANDS L.L.C., as a Grantor
By:  

 

Name:  

 

Its:  

 

FRESH EXPRESS INCORPORATED, as a Grantor
By:  

 

Name:  

 

Its:  

 

FRESH INTERNATIONAL CORP., as a Grantor
By:  

 

Name:  

 

Its:  

 


TRANSFRESH CORPORATION, as a Grantor
By:    
Name:  

 

Its:  

 

ACCEPTED AND ACKNOWLEDGED BY:

COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A.,

“RABOBANK NEDERLAND”, NEW YORK BRANCH, as Collateral Agent

By:  

 

Name:  

 

Title:  

 

By:  

 

Name:  

 

Title:  

 

SCHEDULE I

TO

PATENT SECURITY AGREEMENT

Chiquita Brands L.L.C.

Fresh Express Incorporated

Fresh International Corp.

TransFRESH Corporation


EXHIBIT O

[FORM OF] TRADEMARK SECURITY AGREEMENT

This TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is entered into as of March 31, 2008 among CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Company”), each other Person (as defined in the Security Agreement as defined below) which is listed on Schedule I as a grantor (hereinafter the Company and such other Persons are collectively referred to as the “Grantors” or individually referred to as a “Grantor”) and COÖPERATIEVE CENTRALE RAIFFEISEN—BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as collateral agent (in such capacity, the “Collateral Agent”) for itself and the other Secured Parties (as defined in the Credit Agreement as defined below).

RECITALS

A. Pursuant to that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among the Company, Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), each of the Lenders party thereto from time to time, Rabobank, as Administrative Agent (in such capacity, the “Administrative Agent”), as Swing Line Lender, and as an L/C Issuer, and the other Persons party thereto, the Lenders are willing to make certain financial accommodations available to the Company from time to time pursuant to the terms and conditions thereof.

B. The Administrative Agent has agreed to act as the Collateral Agent for the benefit of the Secured Parties in connection with the transactions contemplated by this Trademark Security Agreement.

C. In order to induce the Lenders to enter into the Credit Agreement and the other Credit Documents and to induce the Lenders to make financial accommodations to the Borrower as provided for in the Credit Agreement, the Obligors have agreed to execute and deliver this Trademark Security Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors hereby agree as follows:

ARTICLE I. DEFINED TERMS.

All capitalized terms used but not otherwise defined herein have the meanings given to them in the Security Agreement and the Credit Agreement, as applicable.


ARTICLE II. GRANT OF SECURITY INTEREST AND LIEN IN TRADEMARK COLLATERAL.

2.01 Each Grantor, in order to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations owed by such Grantor, hereby grants to the Collateral Agent, for the benefit of itself and the other Secured Parties, a continuing security interest and Lien in and right to set off against any and all right, title and interest of such Grantor in and to the following, whether now owned or owned, acquired or arising hereafter (collectively, the “Trademark Collateral”):

(a) all of its Trademarks, and all Trademark Licenses to which it is a party, including those referred to opposite such Grantor’s name on Schedule I hereto (provided that no security interest shall be granted in US intent-to-use trademark applications to the extent that, and solely during the period in which, the grant of a security interest therein would impair the validity or enforceability of such intent-to-use trademark applications under applicable federal law);

(b) to the extent not included in the definition of “Trademarks” (as defined in the Security Agreement), all applications for registration, registrations, renewals, reissues or extensions of the foregoing or pertaining thereto;

(c) all goodwill of the business connected with the use of, and symbolized by, each Trademark and each Trademark License; and

(d) to the extent not otherwise included, all Proceeds and products of and from the foregoing, including any claim by such Grantor against third parties for past, present or future (i) infringement or dilution of any Trademark or Trademark licensed under any Trademark License, (ii) injury to the goodwill associated with any Trademark or any Trademark licensed under any Trademark License or (iii) Trademark License royalties.

2.02 Anything contained in this Trademark Security Agreement to the contrary notwithstanding, the term “Trademark Collateral” shall not include any Trademark or Trademark License that is held by any Grantor, as a licensee, to the extent that: (a) as a result of the grant of a security interest or Lien therein, such Grantor’s rights in or with respect to such asset would be forfeited or such Grantor would be deemed to have breached or defaulted under the applicable license or other agreement; and (b) any such restriction is effective and enforceable under applicable law, including after giving full effect to Section 9-408 of the UCC; provided, however, that the term “Trademark Collateral” shall include (1) any and all Proceeds of such Trademarks and Trademark Licenses, and (2) such Trademarks and Trademark Licenses at any time that the restrictions in the license or other agreement are no longer effective or enforceable (including as a result of the exercise of an option to purchase or the repayment of the secured financing) or at any time that the applicable licensor or other applicable party’s consent is obtained to the grant of a security interest and Lien in and to such Trademark or Trademark License in favor of Collateral Agent, for the benefit of the Secured Parties.

 

2


2.03 Each Grantor and the Collateral Agent, on behalf of itself and the Secured Parties, hereby acknowledges and agrees that the security interest and Lien created hereby in the Trademark Collateral (i) constitutes continuing collateral security for all of the Secured Obligations of such Grantor, whether now existing or hereafter arising and (ii) is not to be construed as an assignment or sale of any Trademarks or Trademark Licenses. Notwithstanding anything contained in this Trademark Security Agreement, no Subsidiary of CBII shall be deemed to have granted by reason of this Trademark Security Agreement or any of the other Credit Documents any Lien on any of its property or assets to secure any liabilities or Secured Obligations of CBII.

ARTICLE III. APPOINTMENT OF COLLATERAL AGENT AS ATTORNEY-IN-FACT.

3.01 The Grantors hereby irrevocably constitute and appoint the Collateral Agent and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority in the name of the Grantors or in its name, from time to time, in the Collateral Agent’s discretion, so long as any Event of Default has occurred and is continuing, to take with respect to the Trademark Collateral any and all appropriate action which Grantors might take with respect to the Trademark Collateral and to execute any and all documents and instruments which may be necessary or desirable to carry out the terms of this Trademark Security Agreement and to accomplish the purposes hereof.

3.02 This power of attorney is a power coupled with an interest and shall be irrevocable for so long as any of the Secured Obligations remain outstanding or any Credit Document in respect of the Secured Obligations is in effect, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. The Collateral Agent shall be under no duty to exercise or withhold the exercise of any of the rights, powers, privileges and options expressly or implicitly granted to the Collateral Agent in this Security Agreement, and shall not be liable for any failure to do so or any delay in doing so. The Collateral Agent shall not be liable for any act or omission or for any error of judgment or any mistake of fact or law in its individual capacity or its capacity as attorney-in-fact except acts or omissions resulting from its gross negligence or willful misconduct, as determined by a final non-appealable judgment of a court of competent jurisdiction. This power of attorney is conferred on the Collateral Agent solely to protect, preserve and realize upon its security interest and Lien in the Trademark Collateral.

ARTICLE IV. AGREEMENT BY GRANTORS NOT TO ASSIGN OR ENCUMBER ANY OF THE TRADEMARK COLLATERAL.

Except to the extent not prohibited in the Security Agreement or the Credit Agreement, Grantors agree not to sell, license, exchange, assign or otherwise transfer or dispose of, or grant any rights with respect to, or mortgage or otherwise encumber, any of the foregoing Trademark Collateral.

 

3


ARTICLE V. SECURITY AGREEMENT.

The rights, Liens and security interests granted pursuant to this Trademark Security Agreement are granted in conjunction with the Liens and security interests granted to the Collateral Agent, on behalf of itself and the Secured Parties, pursuant to the Security Agreement. The Grantors hereby acknowledge and affirm that the rights and remedies of the Collateral Agent with respect to the security interest and Lien in the Trademark Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event of a conflict, the Security Agreement shall control.

ARTICLE VI. RECORDATION.

Each Grantor authorizes and requests that the Commissioner for Trademarks and any other applicable government officer, worldwide, record this Trademark Security Agreement.

ARTICLE VII. GOVERNING LAW; WAIVER OF JURY TRIAL; SUBMISSION TO JURISDICTION; VENUE.

UNLESS OTHERWISE PROVIDED IN ANY CREDIT DOCUMENT, THIS TRADEMARK SECURITY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW). THE PROVISIONS OF THE SECURITY AGREEMENT RELATING TO WAIVER OF JURY TRIAL, CONSENT TO JURISDICTION, VENUE AND ARBITRATION ARE HEREBY INCORPORATED BY REFERENCE HEREIN, MUTATIS MUTANDIS.

[signature page follows]

 

4


IN WITNESS WHEREOF, the Grantors have caused a counterpart of this Trademark Security Agreement to be duly executed and delivered as of the date first above written.

 

GRANTORS:
CHIQUITA BRANDS L.L.C., as a Grantor
By:  

 

Name:  

 

Its:  

 

FRESH EXPRESS INCORPORATED, as a Grantor
By:  

 

Name:  

 

Its:  

 

FRESH INTERNATIONAL CORP., as a Grantor
By:  

 

Name:  

 

Its:  

 

GREAT WHITE FLEET LTD., as a Grantor
By:  

 

Name:  

 

Its:  

 

TRANSFRESH CORPORATION, as a Grantor
By:  

 

Name:  

 

Its:  

 


VERDELLI FARMS, INC., as a Grantor

By:

 

 

Name:

 

 

Its:

 

 

ACCEPTED AND ACKNOWLEDGED BY:

COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A.,

“RABOBANK NEDERLAND”, NEW YORK BRANCH, as Collateral Agent

 

By:

 

 

Name:  

 

Title:  

 

By:  

 

Name:  

 

Title:  

 

SCHEDULE I

TO

TRADEMARK SECURITY AGREEMENT

Chiquita Brands L.L.C.

Fresh Express Incorporated

Fresh International Corp.

Great White Fleet Ltd.

TransFRESH Corporation

Verdelli Farms, Inc.


EXHIBIT P

[FORM OF] JOINDER AGREEMENT

THIS JOINDER AGREEMENT (this “Joinder Agreement”), dated as of                     , 20        , is by and between                                 , a                                  (the “Applicant”), and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as administrative agent (the “Administrative Agent”) under that certain Credit Agreement (as the same may be amended and modified, the “Credit Agreement”) dated as of March 31, 2008 by and among Chiquita Brands L.L.C., a Delaware limited liability company (“Chiquita”), Chiquita Brands International, Inc., a New Jersey corporation (“CBII”), the Lenders party thereto, and the other Person party thereto. Any capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the Credit Agreement or the applicable Security Documents.

The Applicant has indicated its desire to become a party to that certain [Reference appropriate Security Documents and/or Guarantee Agreements].

Accordingly the Applicant hereby agrees as follows with the Administrative Agent, for the benefit of itself and the other Secured Parties:

1. The Applicant hereby acknowledges, agrees and confirms that, by its execution of this Joinder Agreement, the Applicant will be deemed to be a party to the [Reference appropriate Security Documents and/or Guarantee Agreements] and a [Guarantor] [Obligor] [Grantor] [or] [Pledgor] for all purposes of the [Reference appropriate Security Documents and/or Guarantee Agreements], and shall have all of the obligations of a [Guarantor] [Obligor] [Grantor] [or] [Pledgor] thereunder as if it had executed the [Reference appropriate Security Documents and/or Guarantee Agreements]. The Applicant hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the [Reference appropriate Security Documents and/or Guarantee Agreements] and represents and warrants to the Administrative Agent and the Lenders that the representations and warranties with respect to it set forth in the [Reference appropriate Security Documents and/or Guarantee Agreements] are true, correct and complete as of the date hereof (except for the representations and warranties expressly made as of a specified date which if applicable to it, were true as of such date).

2. Each of Schedules              to the [Reference appropriate Security Documents and/or Guarantee Agreements] are hereby amended to include the information relating to the Applicant set forth on Schedules              hereto.

[3. Applicant hereby acknowledges, agrees and confirms that, by its execution of this Joinder Agreement, it will secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations owed by it and hereby grants to the Collateral Agent, for


the benefit of itself and the other Secured Parties a continuing security interest and Lien in, and a right to set off against, any and all right, title and interest in and to the Collateral of the Applicant (as such term is defined in Section 2.01 of the Security Agreement that it is joining), whether now owned or existing or owned, acquired, or arising hereafter, of the Applicant upon the terms and subject to the conditions set forth in such Security Agreement.] [ONLY IF APPLICANT EXECUTING A SECURITY AGREEMENT]

[4. Applicant hereby acknowledges, agrees and confirms that, by its execution of this Joinder Agreement, it will secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations owed by it and hereby grants to the Collateral Agent, for the benefit of itself and the other Secured Parties a continuing security interest and Lien in, and a right to set off against, any and all right, title and interest in and to the Pledged Collateral of the Applicant (as such term is defined in Article II of the Pledge Agreement that it is joining), whether now owned or existing or owned, acquired, or arising hereafter, of the Applicant upon the terms and subject to the conditions set forth in such Pledge Agreement.] [ONLY IF APPLICANT EXECUTING A PLEDGE AGREEMENT]

[5. Applicant hereby acknowledges, agrees and confirms that, by its execution of this Joinder Agreement, it authorizes the Collateral Agent to file one or more financing statements disclosing the security interest and Lien of the Collateral Agent and the other Secured Parties in any or all of the Collateral of the Applicant without, to the extent permitted by law, the Applicant’s signature thereon (including one or more financing statements indicating that such financing statements cover all assets or all personal property (or words of similar effect) of the Applicant, regardless of whether any particular asset described in such financing statements falls within the scope of the UCC or the granting clause of the Security Agreement and/or the Pledge Agreement it is joining), and further the Applicant also hereby irrevocably makes, constitutes and appoints the Collateral Agent, its nominee or any other Person whom the Collateral Agent may designate as the Applicant’s attorney in fact with full power and for the limited purpose to sign in the name of the Applicant any such instruments, documents or notices or any similar documents which in the Collateral Agent’s reasonable discretion would be necessary, appropriate or convenient in order to perfect and maintain perfection of the security interests and Liens granted hereunder or under the Security Agreement and/or Pledge Agreement it is joining, such power, being coupled with an interest, being and remaining irrevocable so long as any of the Secured Obligations remain outstanding or any Credit Documents in respect of the Secured Obligations are in effect or any Letter of Credit shall remain outstanding, and until all of the Commitments in respect of the Revolving Loan Facility, the Swing Line Sublimit, the Letter of Credit Sublimit and the Term Loan Facility shall have terminated. The Applicant hereby agrees that a carbon, photographic or other reproduction of this Joinder Agreement or any such financing statement is sufficient for filing as a financing statement by the Collateral Agent without notice thereof to the Applicant wherever the Collateral Agent may in its sole discretion desire to file the same.]


[ONLY IF APPLICANT EXECUTING A SECURITY AGREEMENT]

6. The Applicant acknowledges and confirms that it has received an executed copy of the [Reference appropriate Security Documents and/or Guarantee Agreements] and any schedules and exhibits attached thereto, as well as an executed copy of the Credit Agreement and the schedules and exhibits thereto. The information on the schedules to the Credit Agreement and the [Reference appropriate Security Documents and/or Guarantee Agreements] have been amended by the Applicant to provide any information required by such schedules and provided by the Applicant to the Administrative Agent.

7. This Joinder Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute one contract. Transmission by telecopier or other electronic transmission of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

8. This Joinder Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to conflicts of law rules (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law).

9. The Applicant irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New York, New York County and the courts of the US located in the Southern District of New York and agrees that any legal action, suit or proceeding arising out of or relating to this Note or any of the other Credit Documents may be brought against it in any such courts. Final judgment against the Applicant in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. Nothing in this Note shall affect the right of the Administrative Agent or any Lender to commence legal proceedings or otherwise sue the Applicant in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon the Applicant in any manner authorized by the laws of any such jurisdiction. The Applicant agrees that process served either personally or by registered mail shall, to the extent permitted by law, constitute adequate service of process in any such suit. The Applicant irrevocably waives to the fullest extent permitted by applicable law (a) any objection which it may have now or in the future to the laying of the venue of any such action, suit or proceeding in any court referred to the first sentence above; (b) any claim that any such action, suit or proceeding has been brought in an inconvenient forum; (c) its right of removal of any matter commenced by any other party in the courts of the State of New York to any court of the US; (d) any immunity which it or its assets may have in respect of its obligations under this Note or any other Credit Document from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process; and (e) any right it may have to require the moving party in any suit, action or proceeding brought in any of the courts referred to above arising out of or in connection with this Note or any other Credit Document to post security for the costs of the Applicant or to post a bond or to take similar action.


10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICANT HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT.

[The first signature page follows.]

IN WITNESS WHEREOF, the Applicant has caused this Joinder Agreement to be duly executed by its authorized officer[s], and the Administrative Agent, for the benefit of itself and the Lenders, has caused the same to be accepted by its authorized officer, as of the day and year first above written.

 

APPLICANT:

 

By:  

 

Name:  

 

Title:  

 

ADMINISTRATIVE AGENT:

COÖPERATIEVE CENTRALE

RAIFFEISEN-BOERENLEENBANK

B.A., “RABOBANK NEDERLAND”, NEW

YORK BRANCH, as Administrative Agent

By:  

 

Name:  

 

Title:  

 

By:  

 

Name:  

 

Title:  

 


EXHIBIT Q-1

FORM OF MORTGAGE


RECORDING REQUESTED

BY AND UPON RECORDATION

RETURN TO:

Paul, Hastings, Janofsky & Walker LLP

600 Peachtree Street, NE, Suite 2400

Atlanta, Georgia 30308

Attention: Ted Smith, Esq.

 

 

SPACE ABOVE THIS LINE FOR RECORDER’S USE

THIS IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES PURSUANT TO 42 Pa,C.S.A. §8143. THE MAXIMUM PRINCIPAL AMOUNT SECURED BY THIS MORTGAGE IS SUCH AMOUNT AS MAY BE DUE AND OWING UNDER THE CREDIT DOCUMENTS REFERRED TO HEREIN NOT TO EXCEED $400,000,000.00.

OPEN-END MORTGAGE; SECURITY AGREEMENT, ASSIGNMENT OF RENTS

AND LEASES AND FIXTURE FILING

by and from

VERDELLI FARMS, INC., “Mortgagor”

to

COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK

NEDERLAND”, NEW YORK BRANCH, in its capacity as Agent, “Mortgagee”

Dated as of March 31, 2008

 

  Municipality:    Harrisburg  
  County:    Dauphin  
  State:    Pennsylvania  
  Tax Parcel I.D,:     

Relating to Premises at:


RECORDING REQUESTED

BY AND UPON RECORDATION

RETURN TO:

Paul, Hastings, Janofsky & Walker LLP

600 Peachtree Street, NE, Suite 2400

Atlanta, Georgia 30308

Attention: Ted Smith, Esq.

OPEN-END MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS

AND LEASES AND FIXTURE FILING

THIS OPEN-END MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (this “Mortgage”) is dated as of March 31, 2008 by and from VERDELLI FARMS, INC., a Pennsylvania corporation (“Mortgagor”), whose address is c/o Chiquita Brands L.L.C,, 250 East Fifth Street, Cincinnati, Ohio 45202, Attention: Chief Financial Officer to COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as administrative agent for the Lenders (as defined in the Credit Agreement, defined below) acting in its capacity as the collateral agent for the benefit of the Secured Parties as defined in the Credit Agreement (in such capacity, “Agent”), having an address at 245 Park Avenue, 37th Floor, New York, New York 10167-0062, Attention: Loan Syndications (Agent, together with its successors and assigns, “Mortgagee”).

W I T N E S S E T H

For valuable consideration the receipt and legal sufficiency of which is hereby acknowledged and the mutual covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:

ARTICLE 1

DEFINITIONS

Section 1.1 Definitions. All capitalized terms used herein without definition shall have the respective meanings ascribed to them in that certain Credit Agreement dated as of even date herewith, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “Credit Agreement”), among Chiquita Brands, L.L.C., as borrower (“Borrower”), Chiquita Brands International, Inc., Agent and the other Secured Parties identified therein. As used herein, the following terms shall have the following meanings:

(a) “Event of Default”: An Event of Default under and as defined in the Credit Agreement.

(b) “Guarantee”: That certain Subsidiary Guarantee Agreement by and from Mortgagor and the other guarantors party thereto for the benefit of the Secured Parties, dated as of even date herewith, as the same may hereafter be amended, amended and restated, supplemented or otherwise modified from time to time.

(c) “Indebtedness”: (1) All Secured Obligations (as defined in the Credit Agreement), including all indebtedness of Mortgagor to Mortgagee or any of the other Secured Parties under or with respect to the Credit Agreement, the Guarantee, or any other Credit Document to which


Mortgagor is a party, including, without limitation, the sum of all (a) principal, interest and other amounts owing under or evidenced or secured by the Credit Documents and (b) principal, interest and other amounts which may hereafter be lent by Mortgagee or any of the other Secured Parties under or in connection with the Credit Agreement or any of the other Credit Documents, whether evidenced by a promissory note or other instrument which, by its terms, is secured hereby, and (2) all other indebtedness, obligations and liabilities now or hereafter existing of any kind of Mortgagor to Mortgagee or any of the other Secured Parties under documents which recite that they are intended to be secured by this Mortgage. The Indebtedness secured hereby includes, without limitation, but only to the extent of the value of the Mortgaged Property, all interest and expenses accruing after the commencement by or against Mortgagor or any of its Affiliates of a proceeding under the Bankruptcy Code (as defined in the Credit Agreement) or any similar law for the relief of debtors.

(d) “Mortgaged Property”: The fee interest in the real property described in Exhibit A attached hereto and incorporated herein by this reference (the “Land”), and all of Mortgagor’s right, title and interest now in and to (1) all improvements owned by Mortgagor, now placed or constructed upon the Land (the “Improvements”; the Land and Improvements are collectively referred to as the “Premises”), (2) all materials, supplies, equipment, apparatus and other items of personal property owned by Mortgagor and attached to, installed in or used in connection with any of the Improvements or the Land, and water, gas, electrical, telephone, storm and sanitary sewer facilities and all other utilities whether or not situated in easements, and all equipment, inventory and other goods in which Mortgagor has any rights or any power to transfer rights and that are fixtures (as defined in the UCC, defined below) related to the Land (the “Fixtures”), (3) all goods, accounts, inventory, general intangibles, instruments, documents, contract rights and chattel paper, including all such items as defined in the UCC, now owned or hereafter acquired by Mortgagor and now or hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Premises (the “Personalty”), (4) all reserves, escrows or impounds required under the Credit Agreement or any of the other Credit Documents and all deposit amounts maintained by Mortgagor with respect to the Mortgaged Property (the “Deposit Accounts”), (5) all leases, licenses, concessions, occupancy agreements or other agreements (written or oral, now or at any time in effect) which grant to any Person a possessory interest in, or the right to use, all or any part of the Mortgaged Property, together with all related security and other deposits (the “Leases”), (6) all of the rents, revenues, royalties, income, proceeds, profits, accounts receivable, security and other types of deposits, and other benefits paid or payable by parties to the Leases for using, leasing, licensing possessing, operating from, residing in, selling or otherwise enjoying the Mortgaged Property (the “Rents”), (7) all other agreements, such as construction contracts, architects’ agreements, engineers’ contracts, utility contracts, maintenance agreements, management agreements, service contracts, listing agreements, guaranties, warranties, permits, licenses, certificates and entitlements in any way relating to the construction, use, occupancy, operation, maintenance, enjoyment or ownership of the Mortgaged Property (the “Property Agreements”), (8) all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages and appurtenances appertaining to the foregoing, (9) all property tax refunds payable with respect to the Mortgaged Property (the “Tax Refunds”), (10) all accessions, replacements and substitutions for any of the foregoing and all proceeds thereof (the “Proceeds”), (11) all insurance policies, unearned premiums therefor and proceeds from such policies covering any of the above property owned by Mortgagor (the “Insurance”), and (12) all awards, damages, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any governmental authority pertaining to any condemnation or other taking (or any purchase in lieu thereof) of all or any portion of the Land, Improvements, Fixtures or Personalty (the “Condemnation Awards”). As used in this Mortgage, the term “Mortgaged Property” shall mean all or, where the context permits or requires, any portion of the above or any interest therein.


(e) “Obligations”: All of the agreements, covenants, conditions, warranties, representations under the Credit Agreement, the Guarantee, any other Credit Documents, and the Lender Rate Contracts, including the Secured Obligations.

(f) “Security Agreement”: That certain Security Agreement by and from Mortgagor, the other Loan Parties party thereto and Agent, as collateral agent for the benefit of the Secured Parties, dated as of even date herewith, as the same may hereafter be amended, amended and restated, supplemented or otherwise modified from time to time.

(g) “UCC”: The Uniform Commercial Code of Pennsylvania or, if the creation, perfection and enforcement of any security interest herein granted is governed by the laws of a state other than Pennsylvania, then, as to the matter in question, the Uniform Commercial Code in effect in that state.

ARTICLE 2

GRANT

Section 2.1 Grant.

To secure the full and timely payment of the Indebtedness and the full and timely performance of the Obligations, Mortgagor GRANTS, BARGAINS, ASSIGNS, SELLS, CONVEYS and CONFIRMS, to Mortgagee the Mortgaged Property, subject, however, only to the matters that are set forth on Exhibit B attached hereto (the “Permitted Encumbrances”) and to other Permitted Liens.

TO HAVE AND TO HOLD the Mortgaged Property, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee.

PROVIDED, ALWAYS, that upon payment in full of the Indebtedness and performance in full of the Obligations and termination of all obligations of the Secured Parties under the Credit Agreement (including all obligations to make revolving advances or to honor letters of credit issued thereunder) Mortgagee, at Mortgagor’s request and expense, shall cause this Mortgage to be surrendered or cancelled of record in the manner provided by law.

ARTICLE 3

WARRANTIES, REPRESENTATIONS AND COVENANTS

Mortgagor warrants, represents and covenants to Mortgagee as follows:

Section 3.1 Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any Hens, claims or interests, except the Permitted Encumbrances and the other Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Section 3.2 First Lien Status. Mortgagor shall preserve and protect the first lien and security interest status of this Mortgage and the other Credit Documents. If any Lien other than a Permitted Encumbrance or another Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such Lien (including origin, amount and other terms), and (b) pay the underlying claim in full or take such other action so as to cause it to be released or contest the same in compliance with the requirements of the Credit Agreement (including the requirement of providing a bond or other security satisfactory to Mortgagee).


Section 3.3 Payment and Performance. As required by the Guarantee and this Mortgage, Mortgagor shall pay the Indebtedness when due under the Credit Agreement and the other Credit Documents and shall perform the Obligations in full when they are required to be performed.

Section 3.4 Replacement of Fixtures and Personalty. Mortgagor shall not, without the prior written consent of Mortgagee, permit any of the Fixtures or Personalty owned or leased by Mortgagor to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or is permitted to be removed by the Credit Agreement.

Section 3.5 Inspection. Mortgagor shall permit Mortgagee and the other Secured Parties and their respective agents, representatives and employees, upon reasonable prior notice to Mortgagor (so long as no Default shall have occurred and be continuing), to inspect the Mortgaged Property and all books and records of Mortgagor located thereon, and to conduct such environmental and engineering studies as Mortgagee or the other Secured Parties may require, provided that such inspections and studies shall not materially interfere with the use and operation of the Mortgaged Property.

Section 3.6 Other Covenants. All of the covenants in the Credit Agreement and the other Credit Documents are incorporated herein by reference and, together with covenants in this Article 3 shall be covenants running with the Land.

Section 3.7 Insurance; Condemnation Awards and Insurance Proceeds.

(a) Insurance. Mortgagor shall maintain or cause to be maintained such insurance as required pursuant to Section 5.01(d) of the Credit Agreement. If any portion of the Mortgaged Property is located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (or any amendment or successor act thereto), then Mortgagor shall maintain, or cause to be maintained, with a financially sound and reputable insurer, flood insurance in an amount sufficient to comply with all applicable rules and regulations promulgated pursuant to such Act,

(b) Condemnation Awards. Mortgagor assigns all Condemnation Awards to Mortgagee and authorizes Mortgagee to collect and receive such Condemnation Awards and to give proper receipts and acquittances therefor, subject to the terms of the Credit Agreement (including without limitation, Section 2.06(c)(iii) thereof).

(c) Insurance Proceeds. Mortgagor assigns to Mortgagee all proceeds of any insurance policies insuring against loss or damage to the Mortgaged Property. Subject to the terms of the Credit Agreement (including without limitation, Section 2.06(c)(iii) thereof), Mortgagor authorizes Mortgagee to collect and receive such proceeds and authorizes and directs the issuer of each of such insurance policies to make payment for all such losses directly to Mortgagee, instead of to Mortgagor and Mortgagee jointly.

ARTICLE 4

[Intentionally Omitted]

ARTICLE 5

DEFAULT AND FORECLOSURE

Section 5.1 Remedies. Upon the occurrence and during the continuance of an Event of Default, Mortgagee may, at Mortgagee’s election and by or through Mortgagee or otherwise, exercise any or all of the following rights, remedies and recourses:


(a) Acceleration. Subject to any provisions of the Credit Documents providing for the automatic acceleration of the Indebtedness upon the occurrence of certain Events of Default, declare the Indebtedness to be immediately due and payable, without further notice, presentment, protest, notice of intent to accelerate, notice of acceleration, demand or action of any nature whatsoever (each of which hereby is expressly waived by Mortgagor), whereupon the same shall become immediately due and payable.

(b) Entry on Mortgaged Property. Enter the Mortgaged Property and take exclusive possession thereof and of all books, records and accounts relating thereto or located thereon. If Mortgagor remains in possession of the Mortgaged Property following the occurrence and during the continuance of an Event of Default and without Mortgagee’s prior written consent, Mortgagee may invoke any legal remedies to dispossess Mortgagor.

(c) Operation of Mortgaged Property. Hold, lease, develop, manage, operate or otherwise use the Mortgaged Property upon such terms and conditions as Mortgagee may deem reasonable under the circumstances (making such repairs, alterations, additions and improvements and taking other actions, from time to time, as Mortgagee deems necessary or desirable), and apply all Rents and other amounts collected by Mortgagee in connection therewith in accordance with the provisions of Section 5.7.

(d) Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Mortgage by judicial action. At any sale by virtue of any judicial proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Mortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Mortgagor. Mortgagee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty express or implied, and the recitals in such deed of matters or facts shall be conclusive proof of the truthfulness thereof. In addition, any such sale shall be free and clear of any interest of Mortgagor under any lease, encumbrance or other matter affecting the property so sold which is subject or subordinate to this Mortgage, except that any such sale shall not result in the termination of any such lease (A) if and to the extent otherwise provided in the estoppel or other agreement executed by the tenant to such lease and Mortgagee, or (B) if the purchaser at such sale gives written notice to such tenant, within ten (10) days after date of sale, then the lease will continue in effect. Mortgagee or any of the other Secured Party may be a purchaser at such sale. If Mortgagee is the highest bidder, Mortgagee may credit the purchase price against the Indebtedness in lieu of paying cash.

(e) Receiver, To the extent permitted by law, make application to a court of competent jurisdiction for, and obtain from such court as a matter of strict right and without notice to Mortgagor or regard to the adequacy of the Mortgaged Property for the repayment of the Indebtedness, the appointment of a receiver of the Mortgaged Property, and Mortgagor irrevocably consents to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Section 5.7.

(f) Other. Exercise all other rights, remedies and recourses granted under the Credit Documents or otherwise available at law or in equity.


Section 5.2 Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee, in its sole discretion, may direct. The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.

Section 5.3 Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Section 5.4 Release of and Resort to Collateral. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the Lien or security interest created in or evidenced by the Credit Documents or their status as a first and prior Lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.

Section 5.5 Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of any election by Mortgagee to exercise or the actual exercise of any right, remedy or recourse provided for under the Credit Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Section 5.6 Discontinuance of Proceedings. If Mortgagee or any other Secured Party shall have proceeded to invoke any right, remedy or recourse permitted under the Credit Documents and shall thereafter elect to discontinue or abandon it for any reason, Mortgagee or such other Secured Party, as the case may be, shall have the unqualified right to do so and, in such an event, Mortgagor, any other Secured Party and Mortgagee shall be restored to their former positions with respect to the Indebtedness, the Obligations, the Credit Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Mortgagee and any other Secured Party shall continue as if the right, remedy or recourse had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which may then exist or the right of Mortgagee or any other Secured Party thereafter to exercise any right, remedy or recourse under the Credit Documents for such Event of Default.

Section 5.7 Application of Proceeds. The proceeds of any sale of, and the Rents and other amounts generated by the holding, leasing, management, operation or other use of the Mortgaged Property, shall be applied by Mortgagee (or the receiver, if one is appointed) in the following order unless otherwise required by applicable law:

(a) to the payment of the costs and expenses of taking possession of the Mortgaged Property and of holding, using, leasing, repairing, improving and selling the same, including, without


limitation (1) trustee’s and receiver’s fees and expenses, including the repayment of the amounts evidenced by any receiver’s certificates, (2) court costs, (3) attorneys’ and accountants’ fees and expenses, and (4) costs of advertisement; and

(b) to the payment of the Indebtedness and performance of the Obligations as provided in Section 6.03 of the Credit Agreement.

Section 5.8 Occupancy After Foreclosure. Any sale of the Mortgaged Property or any part thereof in accordance with Section 5.1(d) will divest all right, title and interest of Mortgagor in and to the property sold. Subject to applicable law, any purchaser at a foreclosure sale will receive immediate possession of the property purchased. If Mortgagor retains possession of such property or any part thereof subsequent to such sale, Mortgagor will be considered a tenant at sufferance of the purchaser, and will, if Mortgagor remains in possession after demand to remove, be subject to eviction and removal, forcible or otherwise, with or without process of law.

Section 5.9 Additional Advances and Disbursements; Costs of Enforcement.

(a) Upon the occurrence and during the continuance of any Event of Default, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this Section 5.9, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred, to and including the date of reimbursement, computed at the highest lawful rate at which interest is then computed on any portion of the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage.

(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Section 5.10 No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Credit Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise,

ARTICLE 6

ASSIGNMENT OF RENTS AND LEASES

Section 6.1 Assignment. In furtherance of and in addition to the assignment made by Mortgagor in Section 2.1 of this Mortgage, Mortgagor hereby absolutely and unconditionally assigns, sells, transfers and conveys to Mortgagee all of its right, title and interest in and to all Leases and all of its right, title and interest in and to all Rents. This assignment is an absolute assignment and not an assignment for additional security only. So long as no Event of Default shall have occurred and be continuing, Mortgagor shall have a revocable license from Mortgagee to exercise all rights extended to the landlord under the Leases, including the right to receive and collect all Rents and to hold the Rents in trust for use in the payment and performance of the Obligations and to otherwise use the same. The foregoing license is granted subject to the conditional limitation that no Event of Default shall have


occurred and be continuing. Upon the occurrence and during the continuance of an Event of Default, whether or not legal proceedings have commenced, and without regard to waste, adequacy of security for the Obligations or solvency of Mortgagor, the license herein granted shall automatically expire and terminate, without notice to Mortgagor by Mortgagee (any such notice being hereby expressly waived by Mortgagor to the extent permitted by applicable law).

Section 6.2 Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Mortgagor acknowledges and agrees that upon ‘recordation of this Mortgage Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “choate” and enforced as to Mortgagor and to the extent permitted under applicable law, all third parties, in any case under the Bankruptcy Code, without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Section 6.3 Bankruptcy Provisions. Without limitation of the absolute nature of the assignment of the Rents hereunder, Mortgagor and Mortgagee agree that (a) this Mortgage shall constitute a “security agreement” for purposes of Section 552(b) of the Bankruptcy Code, (b) the security interest created by this Mortgage extends to property of Mortgagor acquired before the commencement of a case in bankruptcy and to all amounts paid as Rents and (c) such security interest shall extend to all Rents acquired by the estate after the commencement of any case in bankruptcy.

Section 6.4 No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.

ARTICLE 7

SECURITY AGREEMENT

Section 7.1 Security Interest. This Mortgage constitutes a “security agreement” on personal property within the meaning of the UCC and other applicable law and with respect to the Personalty, Fixtures, Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards. To this end, subject to the terms of the Security Agreement, Mortgagor grants to Mortgagee a first and prior security interest in the Personalty, Fixtures, Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance, Condemnation Awards and all other Mortgaged Property which is personal property to secure the payment of the Indebtedness and performance of the Obligations, and agrees that Mortgagee shall have all the rights and remedies of a secured party under the UCC with respect to such property. Any notice of sale, disposition or other intended action by Mortgagee with respect to the Personalty, Fixtures, Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards sent to Mortgagor at least ten (10) days prior to any action under the UCC shall constitute reasonable notice to Mortgagor. In the event of any conflict or inconsistency between the terms of this Mortgage and the terms of the Security Agreement with respect to the collateral covered both therein and herein, the Security Agreement shall control and govern to the extent of any such conflict or inconsistency.

Section 7.2 Financing Statements. Subject to the terms of the Security Agreement, Mortgagee shall be authorized to prepare such financing statements, and Mortgagor shall execute and deliver to Mortgagee such other documents, instruments and further assurances, in each case in form and substance satisfactory to Mortgagee, as Mortgagee may, from time to time, reasonably consider necessary


to create, perfect and preserve Mortgagee’s security interest hereunder. Mortgagor hereby irrevocably authorizes Mortgagee to cause financing statements (and amendments thereto and continuations thereof) and any such documents, instruments and assurances to be recorded and filed, at such times and places as may be required or permitted by law to so create, perfect and preserve such security interest. Mortgagor represents and warrants to Mortgagee that Mortgagor’s jurisdiction of organization is the State of Delaware. After the date of this Mortgage, Mortgagor shall not change its name, type of organization, organizational identification number (if any), jurisdiction of organization or location (within the meaning of the UCC) without giving at least thirty (30) days’ prior written notice to Mortgagee.

Section 7.3 Fixture Filing. This Mortgage shall also constitute a “fixture filing” for the purposes of the UCC against all of the Mortgaged Property which is or is to become fixtures. The information provided in this Section 7.3 is provided so that this Mortgage shall comply with the requirements of the UCC for a mortgage instrument to be fled as a financing statement. Mortgagor is the “Debtor” and its name and mailing address are set forth in the preamble of this Mortgage immediately preceding Article 1 Mortgagee is the “Secured Party” and its name and mailing address from which information concerning the security interest granted herein may be obtained are also set forth in the preamble of this Mortgage immediately preceding Article 1. A statement describing the portion of the Mortgaged Property comprising the fixtures hereby secured is set forth in Section 1.1(d) of this Mortgage. Mortgagor represents and warrants to Mortgagee that Mortgagor is the record owner of the Mortgaged Property, and the organizational identification number of Mortgagor is 667494.

ARTICLE 8

MISCELLANEOUS

Section 8.1 Notices. Any notice required or permitted to be given under this Mortgage shall be given in accordance with Section 9 of the Guarantee.

Section 8.2 Covenants Running with the Land. All Obligations contained in this Mortgage are intended by Mortgagor and Mortgagee to be, and shall be construed as, covenants running with the Land. As used herein, “Mortgagor” shall refer to the party named in the first paragraph of this Mortgage and to any subsequent owner of all or any portion of the Mortgaged Property. All Persons who may have or acquire an interest in the Mortgaged Property shall be deemed to have notice of and be bound by, the terms of the Credit Agreement and the other Credit Documents; provided, however, that no such party shall be entitled to any rights thereunder without the prior written consent of Mortgagee.

Section 8.3 Attorney-in-Fact. Mortgagor hereby irrevocably appoints Mortgagee as its attorney-in-fact, which power of attorney is coupled with an interest and with full power of substitution, with full authority in the place and stead of Mortgagor and in the name of Mortgagor or otherwise (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Mortgagee deems appropriate to protect Mortgagee’s interest, if Mortgagor shall fail to do so within ten (10) days after written request by Mortgagee, (b) upon the issuance of a deed pursuant to the foreclosure of this Mortgage or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare and file or record financing statements and continuation statements, and to prepare, execute and file or record applications for registration and like papers necessary to create, perfect or preserve Mortgagee’s security interests and rights in or to any of the Mortgaged Property, and (d) after the occurrence and during the continuance of any Event of Default, to perform any obligation of Mortgagor hereunder; provided, however, that (1) Mortgagee shall not under any circumstances be obligated to perform any obligation of Mortgagor; (2) any sums advanced by Mortgagee in such performance shall be added to and included in


the Indebtedness and shall bear interest at the highest rate at which interest is then computed on any portion of the Indebtedness; (3) Mortgagee as such attorney-in-fact shall only be accountable for such funds as are actually received by Mortgagee; and (4) Mortgagee shall not be liable to Mortgagor or any other person or entity for any failure to take any action which it is empowered to take under this Section 8.3.

Section 8.4 Successors and Assigns. This Mortgage shall be binding upon and inure to the benefit of the other Secured Parties, Mortgagee and Mortgagor and their respective successors and assigns. Mortgagor shall not, without the prior written consent of Mortgagee, assign any rights, duties or obligations hereunder.

Section 8.5 No Waiver. Any failure by the other Secured Parties or Mortgagee to insist upon strict performance of any of the terms, provisions or conditions of the Credit Documents shall not be deemed to be a waiver of same, and the other Secured Parties and Mortgagee shall have the right at any time to insist upon strict performance of all of such terms, provisions and conditions.

Section 8.6 Credit Agreement; Interpretive Provisions. If any conflict or inconsistency exists between this Mortgage and the Credit Agreement or the Guarantee, the Credit Agreement and the Guarantee shall control and govern to the extent of any such conflict or inconsistency. Nothing contained herein shall be construed to waive or negate the rights of Mortgagor to notice or cure as expressly contained in the Credit Agreement, the Guarantee, or any other Credit Document. The provisions of Sections 1.04, 1.05, 1.07, 1.10 and 1.11 of the Credit Agreement are hereby incorporated into this Mortgage by reference.

Section 8.7 Release or Reconveyance. Upon payment in full of the Indebtedness and performance in full of the Obligations and termination of all obligations of the Secured Parties under the Credit Agreement (including all obligations to make revolving advances or to honor letters of credit issued thereunder) or upon a sale or other disposition of the Mortgaged Property permitted by the Credit Agreement, Mortgage; at Mortgagor’s request and expense, shall cause this Mortgage to be surrendered or cancelled of record in the manner provided by law.

Section 8.8 Waiver of Stay, Moratorium and Similar Rights. Mortgagor agrees, to the full extent that it may lawfully do so, that it will not at any time insist upon or plead or in any way take advantage of any stay, marshalling of assets, extension, redemption or moratorium law now or hereafter in force and effect so as to prevent or hinder the enforcement of the provisions of this Mortgage or the Indebtedness or Obligations secured hereby, or any agreement between Mortgagor and Mortgagee or any rights or remedies of any other Secured Party or Mortgagee.

Section 8.9 Applicable Law; Service of Process; Waiver of Jury Trial. The provisions of this Mortgage regarding the creation, perfection and enforcement of the liens and security interests herein granted shall be governed by and construed under the laws of the state in which the Mortgaged Property is located. All other provisions of this Mortgage shall be governed by the laws of the State of New York (including, without limitation, Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York). Mortgagor agrees that service of process in any proceeding may be effected by mailing a copy thereof by registered or certified mail, postage prepaid, to Mortgagor at its address set forth in the Credit Agreement or at such other address of which the Mortgagee shall have been notified pursuant thereto. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of Mortgagee to bring proceedings against Mortgagor in the courts of any other jurisdiction. To the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Mortgage or any other Credit Document.


Section 8.10 Headings. The Article, Section and Subsection titles hereof are inserted for convenience of reference only and shall in no way alter, modify or define, or be used in construing, the text of such Articles, Sections or Subsections.

Section 8.11 Severability. If any provision of this Mortgage shall be held by any court of competent jurisdiction to be unlawful, void or unenforceable for any reason, such provision shall be deemed severable from and shall in no way affect the enforceability and validity of the remaining provisions of this Mortgage.

Section 8.12 Entire Agreement. This Mortgage and the other Credit Documents embody the entire agreement and understanding between Mortgagor and Mortgagee relating to the subject matter hereof and thereof and supersede all prior agreements and understandings between such parties relating to the subject matter hereof and thereof. Accordingly, the Credit Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.

Section 8.13 Mortgagee as Agent; Successor Agents.

(a) Agent has been appointed to act as Agent hereunder by the other Secured Parties. Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including, without limitation, the release or substitution of the Mortgaged Property) in accordance with the terms of the Credit Agreement and this Mortgage. Mortgagor and all other Persons shall be entitled to rely on releases, waivers, consents, approvals, notifications and other acts of Agent, without inquiry into the existence of required consents or approvals of any other party therefor.

(b) Mortgagee shall at all times be the same Person that is Agent under the Credit Agreement. Written notice of resignation by Agent pursuant to the Credit Agreement shall also constitute notice of resignation as Agent under this Mortgage. Removal of Agent pursuant to any provision of the Credit Agreement shall also constitute removal as Agent under this Mortgage. Appointment of a successor Agent pursuant to the Credit Agreement shall also constitute appointment of a successor Agent under this Mortgage. Upon the acceptance of any appointment as Agent by a successor Agent under the Credit Agreement, that successor Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Agent as the Mortgagee under this Mortgage, and the retiring or removed Agent shall promptly, at the expense of Mortgagor (i) assign and transfer to such successor Agent all of its right, title and interest in and to this Mortgage and the Mortgaged Property, and (ii) execute and deliver to such successor Agent such assignments and amendments and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Agent of the liens and security interests created hereunder, whereupon such retiring or removed Agent shall be discharged from its duties and obligations under this Mortgage. After any retiring or removed Agent’s resignation or removal hereunder as Agent, the provisions of this Mortgage and the Credit Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Mortgage while it was Agent hereunder.

ARTICLE 9

LOCAL LAW PROVISIONS

Section 9.1 Inconsistencies. In the event of any inconsistencies between the terms and conditions of this Article 9 and the other provisions of this Mortgage, the terms and conditions of this Article 9 shall control and be binding.


Section 9.2 Open-End Mortgage. This Mortgage is an Open-End Mortgage as defined in Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of 42 PA. C.S.A. § 8143 et seq. (the “Act”) and shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection with the Credit Agreement, the Credit Documents or this Mortgage. The maximum amount of indebtedness (as defined in 42 PA. C.S.A. § 8143) that may be outstanding at any time and secured hereby is $400,000,000.00, plus accrued and unpaid interest thereon.

Notices pursuant to the Act shall be delivered to:

Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

Section 9.3 Protective Advances. In addition to the obligations of Mortgagor with respect to such loan indebtedness and interest, this Mortgage secures unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the Mortgaged Property or the lien of this Mortgage, and costs and expenses, including attorneys’ fees, court costs and disbursements, incurred by Agent by reason of default by Borrower or Mortgagor under the Credit Agreement, this Mortgage or the other Credit Documents.

Section 9.4 Additional Rights and Remedies. Without limitation of the provisions of Article 5 hereof, it is expressly agreed that if at any time following an Event of Default hereunder (a) a writ of execution is issued upon a judgment obtained under the Obligations or any portion thereof, or (b) an action of mortgage foreclosure or any other action or proceeding is instituted in respect of this Mortgage, there shall be payable to and recovered by Mortgagee (i) the entire unpaid principal balance of the Indebtedness, with interest thereon at the interest rate then applicable under the Credit Documents, (ii) all costs of suit (including reasonable attorneys’ fees, forum costs and disbursements), and (iii) all moneys expended by Mortgagee in payment of taxes, sewer rents and water rents, claims or charges and in effecting insurance coverage or repairs, with interest on such expenditures at the interest rate applicable under the Credit Documents. Mortgagor waives and relinquishes unto and in favor of Mortgagee all benefits and exemptions under the laws now in effect or hereafter passed to relieve Mortgagor in any manner from the obligations assumed in connection with the Indebtedness for which this Mortgage is security or to reduce the amount of the Indebtedness to any greater extent than the amount actually received by Mortgagee from the sale of the Mortgaged Property in any judicial proceedings in respect of the Indebtedness or this Mortgage.


THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OR AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST MORTGAGOR. IN GRANTING THIS WARRANT OR AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST MORTGAGOR, MORTGAGOR HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND (ON THE ADVICE OF SEPARATE COUNSEL OF MORTGAGOR) UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS MORTGAGOR HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA.

MORTGAGOR, FOR THE PURPOSE OF (1) SECURING PAYMENT OF ALL OR ANY PORTION OF THE UNPAID INDEBTEDNESS DUE UNDER THE LOAN, INCLUDING UNPAID INTEREST, COSTS AND ATTORNEY’S FEES, OR (2) FOR SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE, IN THE EVENT OF ANY EVENT OF DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR MORTGAGOR AS WELL AS FOR ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MORTGAGOR AND AGAINST ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR FOR ALL OR ANY PORTION OF THE UNPAID INDEBTEDNESS DUE UNDER THE LOAN OR THE RECOVERY BY MORTGAGEE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT; AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON OR CONCERNING THE SAME. MORTGAGOR AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR ANYONE AUTHORIZED ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE SHALL HAVE THE SAME RIGHTS AS AFORESAID, FOR THE SAME EVENT OF DEFAULT, OR FOR ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT TO CONFESS JUDGMENT AND TO BRING ONE OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY MORTGAGEE OR ANYONE AUTHORIZED ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE INDEBTEDNESS OR THE OTHER CREDIT DOCUMENTS. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT THEREON, ON THE CREDIT AGREEMENT OR OTHER CREDIT DOCUMENTS, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER.

Initials of authorized signatory of Mortgagor             


IN WITNESS WHEREOF, Mortgagor has on the date set forth in the acknowledgement hereto, effective as of the date first above written, caused this instrument to be duly EXECUTED AND DELIVERED by authority duly given.

THE UNDERSIGNED MORTGAGOR ACKNOWLEDGES THAT IT FULLY UNDERSTANDS THE CONFESSIONS OF JUDGMENT AND WAIVERS CONTAINED IN SECTION 9.4 HEREOF AND KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ENTERS INTO THIS INSTRUMENT FULLY COMPREHENDING THE RELINQUISHMENT OF CERTAIN RIGHTS BY VIRTUE OF SUCH CONFESSIONS OF JUDGMENT AND WAIVERS.

 

MORTGAGOR:

 

VERDELLI FARMS, INC., a Pennsylvania

corporation

  By:   

 

  Name:  

 

  Title:   

 

Certified Address of Mortgagee

The undersigned hereby certifies that the address of the mortgagee is:

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

 

By:  

 

Name:  

 

Title:  

 


STATE OF                                   )
          ) ss.
COUNTY OF                          )     

On                     , 2008, before me the undersigned office, personally appeared                      who acknowledged himself to be the                      of Verdelli Farms, Inc., a Pennsylvania corporation, and that he as such                      being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as                     .

In witness whereof, I hereunto set my official hand and official seal.

 

 

   
Notary Public    


CONFESSION OF JUDGMENT

EXPLANATION AND DISCLOSURE OF RIGHTS/WAIVERS

Agent:             COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH

Borrower:       CHIQUITA BRANDS, L.L.C.

Mortgagor;     VERDELLI FARMS, INC.

1. Agent has agreed to make a certain financial accommodations (the “Loan”) to Borrower. Mortgagor has executed a guarantee guaranteeing certain obligations of Borrower with respect to the Loan. In connection therewith, Mortgagor is executing and delivering to Agent an instrument (the “Instrument”) which contains warrants of attorney to confess judgment respectively against Mortgagor.

2. Mortgagor clearly and specifically acknowledges, understands and agrees that:

(A) THE WARRANTS OF ATTORNEY TO CONFESS JUDGMENT CONTAINED IN THE INSTRUMENT ARE PROVISIONS PURSUANT TO WHICH AGENT MAY ENTER JUDGMENT BY CONFESSION AGAINST MORTGAGOR.

(B) THE INSTRUMENT ALSO CONTAINS PROVISIONS UNDER WHICH AGENT MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY OR TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF MORTGAGOR, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT.

(C) BY SIGNING THE INSTRUMENT CONTAINING THE CONFESSION OF JUDGMENT CLAUSE, MORTGAGOR WILL GIVE UP THE RIGHT TO ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF THIS JUDGMENT ON THE RECORDS OF THE COURT.

(D) BY SIGNING THE INSTRUMENT CONTAINING THE CONFESSION OF JUDGMENT CLAUSE, MORTGAGOR WILL AGREE THAT AGENT CAN ENTER THIS JUDGMENT PRIOR TO PROOF OF NON-PAYMENT OR OTHER DEFAULT ON MORTGAGOR’S PART.

(E) BY SIGNING THE INSTRUMENT CONTAINING THE CONFESSION OF JUDGMENT CLAUSE, MORTGAGOR WILL SUBJECT ALL OF MORTGAGOR’S PROPERTY, BOTH REAL AND PERSONAL, TO EXECUTION (AND SHERIFF’S SALE), PURSUANT TO THIS JUDGMENT, PRIOR TO PROOF OF NON-PAYMENT OR OTHER DEFAULT ON THE PART OF MORTGAGOR OR ANY OTHER PARTY.

3. Mortgagor acknowledges, knows and understands that it is the confession of judgment clause in the Instrument which give Agent the rights enumerated in subparagraphs A through E of Paragraph 2 above. IF MORTGAGOR DOES NOT SIGN THE INSTRUMENT WHICH CONTAINS CONFESSION OF JUDGMENT CLAUSE(S), MORTGAGOR UNDERSTANDS THAT MORTGAGOR WOULD HAVE THE FOLLOWING:

(A) THE RIGHT TO HAVE NOTICE AND AN OPPORTUNITY TO BE HEARD PRIOR TO ENTRY OF JUDGMENT.


(B) THE RIGHT TO HAVE THE BURDEN OF PROVING DEFAULT REST UPON AGENT BEFORE MORTGAGOR’S PROPERTY COULD BE EXPOSED TO EXECUTION ON THE JUDGMENT.

(C) THE RIGHT TO AVOID THE ADDITIONAL EXPENSE OF ATTORNEYS’ FEES AND COSTS INCIDENT TO THE OPENING OR STRIKING OFF OF A CONFESSED JUDGMENT.

4. Mortgagor, with full and complete understanding of these rights which Mortgagor has prior to signing the Instruments and clearly aware that these rights will be given up, waived, relinquished, and abandoned if Mortgagor signs the Instruments, MORTGAGOR NEVERTHELESS FREELY, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY CHOOSES TO SIGN THE INSTRUMENTS, MORTGAGOR’S INTENTION BEING TO GIVE UP, WAIVE, RELINQUISH, AND ABANDON MORTGAGOR’S KNOWN RIGHTS (AS DESCRIBED IN PARAGRAPH 3 ABOVE) AND TO SUBJECT MORTGAGOR TO THE CIRCUMSTANCES DESCRIBED IN PARAGRAPH 2 ABOVE.

5. Mortgagor acknowledges, represents and warrants to Agent that:

(A) Mortgagor’s annual income exceeds $10,000.

(B) Mortgagor has received a copy of this disclosure document at the time of signing.

(C) The Loan has been advanced for business purposes.

(D) Mortgagor and any individual(s) executing the Instrument or this disclosure on behalf of the Mortgagor are duly authorized to execute the Instrument and this disclosure (including the warrant of attorney) on behalf of the Mortgagor.


IN WITNESS WHEREOF, Mortgagor intending to be legally bound, has executed this disclosure this      day of March, 2008.

We have read this entire form and we fully understand its contents.

 

MORTGAGOR:
VERDELLI FARMS, INC., a Pennsylvania corporation
By:  

 

Name:  

 

Title:  

 


EXHIBIT A

LEGAL DESCRIPTIONS

Legal Descriptions of premises located in Harrisburg, Pennsylvania (Dauphin County):

[See Attached Page(s) For Legal Descriptions]

 

Exh. A-1


EXHIBIT B

PERMITTED ENCUMBRANCES

Those exceptions set forth in Schedule B of that certain policy of title insurance issued to Mortgagee by [            ] on or about the date hereof pursuant to commitment number [            ].

 

Exh. B-1


EXHIBIT Q-2

FORM OF CLAYTON COUNTY LEASEHOLD MORTGAGE

 

1


PREPARED BY, RECORDING REQUESTED BY,

AND WHEN RECORDED MAIL TO:

Paul, Hastings, Janorsky & Walker LLP

600 Peachtree Street, NE, Suite 2400

Atlanta, Georgia 30308

Attention: Ted Smith, Esq.

LEASEHOLD DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND LEASES, AND

SECURITY AGREEMENT

by and from

FRESH EXPRESS INCORPORATED, as successor by merger and name change to Fresh-Cuts

Incorporated, “Grantor

to

COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK

NEDERLAND”, NEW YORK BRANCH, in its capacity as Agent, “Grantee

Dated as of April [            ], 2008

 

  Location;         1361 Southern Road  
  Municipality:  Morrow  
  County:           Clayton  
  State:               Georgia  

NO INTANGIBLE TAX IS DUE BECAUSE THIS INSTRUMENT SECURES A GUARANTY

AGREEMENT

THIS INSTRUMENT SECURES INDEBTEDNESS IN AN AGGREGATE AMOUNT NOT TO

EXCEED $400,000,000.00

THE FINAL MATURITY DATE OF THE INDEBTEDNESS IS MARCH 31, 2014

 

2


LEASEHOLD DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND LEASES, AND

SECURITY AGREEMENT

THIS LEASEHOLD DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND LEASES, AND SECURITY AGREEMENT (this “Deed to Secure Debt”) is dated as of April [    ], 2008 by and from FRESH EXPRESS INCORPORATED, a Delaware corporation, as successor by merger and name change to Fresh-Cuts Incorporated, a Delaware corporation (“Grantor”), whose address is c/o Chiquita Brands L.L.C., 250 East Fifth Street, Cincinnati, Ohio 45202 to COÖPERATIEVE CENTRALE RALFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as administrative agent for the Lenders (as defined in the Credit Agreement, defined below) acting in its capacity as the collateral agent for the benefit of the Secured Parties as defined in the Credit Agreement (in such capacity, “Agent”), having an address at 245 Park Avenue, 37th Floor, New York, New York 10167-0062, Attention: Loan Syndications (Agent, together with its successors and assigns, “Grantee”).

ARTICLE 1

DEFINITIONS

Section 1.1 Definitions. All capitalized terms used herein without definition shall have the respective meanings ascribed to them in that certain Credit Agreement dated March 31, 2008, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “Credit Agreement”), among Chiquita Brands, L.L.C., as borrower (“Borrower”), Chiquita Brands International, Inc., Agent and the other Secured Parties identified therein. As used herein, the following terms shall have the following meanings;

(a) “Event of Default”: An Event of Default under and as defined in the Credit Agreement.

(b) “Guarantee”: That certain Subsidiary Guarantee Agreement by and from Grantor and the other guarantors party thereto for the benefit of the Secured Parties, dated March 31, 2008, as the same may be hereafter amended, amended and restated, supplemented or otherwise modified from time to time.

(c) “Indebtedness”: (1) All Secured Obligations (as defined in the Credit Agreement), including all indebtedness of Grantor to Grantee or any of the other Secured Parties under or with respect to the Credit Agreement, the Guarantee, or any other Credit Document to which Grantor is a party, including, without limitation, the sum of all (a) principal, interest and other amounts owing under or evidenced or secured by the Credit Documents and (b) principal, interest and other amounts which may hereafter be Ient by Grantee or any of the other Secured Parties under or in connection with the Credit Agreement or any of the other Credit Documents, whether evidenced by a promissory note or other instrument which, by its terms, is secured hereby, and (2) all other indebtedness, obligations and liabilities now or hereafter existing of any kind of Grantor to Grantee or any of the other Secured Parties under documents which recite that they are intended to be secured by this Deed to Secure Debt. The Indebtedness secured hereby includes, without limitation, all interest and expenses accruing after the commencement by or against Grantor or any of its Affiliates of a proceeding under the Bankruptcy Code (as defined in the Credit Agreement) or any similar law for the relief of debtors.

(d) “Mortgaged Property”: The leasehold interest in the real property described in Exhibit A attached hereto and incorporated herein by this reference created by the Subject Lease (defined below), together with all rights and interests of Grantor in and to the Subject Lease and any greater estate in such real property as hereafter may be acquired by Grantor pursuant to any purchase option under the

 

1


Subject Lease (including without limitation, pursuant to Section 11 of the Subject Lease) or otherwise (the “Land”), and all of Grantor’s right, title and interest now in and to (I) all improvements owned by Grantor, now placed or constructed upon the Land (the “Improvements”; the Land and Improvements are collectively referred to as the “Premises”), (2) all materials, supplies, equipment, apparatus and other items of personal property owned by Grantor and attached to, installed in or used in connection with any of the Improvements or the Land, and water, gas, electrical, telephone, storm and sanitary sewer facilities and all other utilities whether or not situated in easements, and all equipment, inventory and other goods in which Grantor has any rights or any power to transfer rights and that are fixtures (as defined in the UCC, defined below) related to the Land (the “Fixtures”), (3) all goods, accounts, inventory, general intangibles, instruments, documents, contract rights and chattel paper, including all such items as defined in the UCC, now owned or hereafter acquired by Grantor and now or hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Premises (the “Personalty”), (4) all reserves, escrows or impounds required under the Credit Agreement or any of the other Credit Documents and all deposit accounts maintained by Grantor with respect to the Mortgaged Property (the “Deposit Accounts”), (5) all leases, licenses, concessions, occupancy agreements or other agreements (written or oral, now or at any time in effect) which grant to any Person, a possessory interest in, or the right to use, all or any part of the Mortgaged Property, together with all related security and other deposits (the “Leases”), (6) all of the rents, revenues, royalties, income, proceeds, profits, accounts receivable, security and other types of deposits, and other benefits paid or payable by parties to the Leases for using, leasing, licensing possessing, operating from, residing in, selling or otherwise enjoying the Mortgaged Property (the “Rents”), (7) all options to purchase or lease the Mortgaged Property or any portion thereof or interest therein (the “Options”), including without limitation, the Purchase Option (defined below), (8) all other agreements, such as construction contracts, architects’ agreements, engineers’ contracts, utility contracts, maintenance agreements, management agreements, service contracts, listing agreements, guaranties, warranties, permits, licenses, certificates and entitlements in any way relating to the construction, use, occupancy, operation, maintenance, enjoyment or ownership of the Mortgaged Property (the “Property Agreements”), (9) all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages and appurtenances appertaining to the foregoing, (10) all property tax refunds payable with respect to the Mortgaged Property (the “Tax Refunds”), (11) all accessions, replacements and substitutions for any of the foregoing and all proceeds thereof (the “Proceeds”), (12) all insurance policies, unearned premiums therefor and proceeds from such policies covering any of the above property owned by Grantor (the “Insurance”), and (13) all awards, damages, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any governmental authority pertaining to any condemnation or other taking (or any purchase in lieu thereof) of all or any portion of the Land, Improvements, Fixtures or Personalty (the “Condemnation Awards”). As used in this Deed to Secure Debt, the term “Mortgaged Property” shall mean all or, where the context permits or requires, any portion of the above or any interest therein.

(e) “Obligations”: All of the agreements, covenants, conditions, warranties, representations under the Credit Agreement, the Guarantee, and any other Credit Documents, and the Lender Rate Contracts, including the Secured Obligations.

(f) “Purchase Option”: That certain purchase option contained in Section 11 of the Subject Lease.

(g) “Security Agreement”: That certain Security Agreement by and from Grantor, the other Loan Parties party thereto and Agent, as collateral agent for the benefit of the Secured Parties, dated March 31, 2008, as the same may hereafter be amended, amended and restated, supplemented or otherwise modified from time to time.

(h) “Subject Lease”: Shall have the meaning set forth in Exhibit B attached hereto.

 

2


(i) “UCC”: The Uniform Commercial Code of Georgia or, if the creation, perfection and enforcement of any security interest herein granted is governed by the laws of a state other than Georgia, then, as to the matter in question, the Uniform Commercial Code in effect in that state.

ARTICLE 2

GRANT

Section 2.1 Grant. To secure the full and timely payment of the Indebtedness and the full and timely performance of the Obligations, Grantor GRANTS, BARGAINS, ASSIGNS, SELLS, CONVEYS and CONFIRMS, to Grantee the Mortgaged Property, subject, however, only to the matters that are set forth on Exhibit C attached hereto (the “Permitted Encumbrances”) and to other Permitted Liens, TO HAVE AND TO HOLD the Mortgaged Property unto Grantee, FOREVER WITH POWER OF SALE, and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Grantee.

THIS CONVEYANCE is given to secure a guaranty of a revolving loan in the maximum principal amount at any one time outstanding not to exceed $400,000,000.00, maturing on March 31, 2014, and is intended to operate and is to be construed as a deed passing title to the property herein described to Grantee and is intended to operate under Title 44, Chapter 14, Article 3 of the Official Code of Georgia Annotated in regard to the sale of property to secure debts, and not as a mortgage.

THIS DEED TO SECURE DEBT is given for the purpose of conveying real property in order to secure future advances, whether such advances are obligatory or to be made at the option of Lenders, or otherwise, and whether made before or after default or maturity or other similar events, to the same extent as if such future advances were made on the date of the execution hereof. The security title created by this Deed to Secure Debt, as to third persons, with or without actual knowledge hereof, shall be valid as to all such indebtedness and such future advances, from the date of recordation of this Deed to Secure Debt, shall have priority.

ARTICLE 3

WARRANTIES, REPRESENTATIONS AND COVENANTS

Grantor warrants, represents and covenants to Grantee as follows:

Section 3.1 Title to Mortgaged Property and Lien of this Instrument. Grantor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the other Permitted Liens. This Deed to Secure Debt creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Section 3.2 First Lien Status. Grantor shall preserve and protect the first lien and security interest status of this Deed to Secure Debt and the other Credit Documents. If any Lien other than a Permitted Encumbrance or another Permitted Lien is asserted against the Mortgaged Property, Grantor shall promptly, and at its expense, (a) give Grantee a detailed written notice of such Lien (including origin, amount and other terms), and (b) pay the underlying claim in full or take such other action so as to cause it to be released or contest the same in compliance with the requirements of the Credit Agreement (including the requirement of providing a bond or other security satisfactory to Grantee).

Section 3.3 Payment and Performance. As required by the Guarantee and this Deed to Secure Debt, Grantor shall pay the Indebtedness when due under the Credit Agreement and the other Credit Documents and shall perform the Obligations in full when they are required to be performed.

 

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Section 3.4 Replacement of Fixtures and Personalty. Grantor shall not, without the prior written consent of Grantee, permit any of the Fixtures or Personalty owned or leased by Grantor to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or is permitted to be removed by the Credit Agreement.

Section 3.5 Inspection. Grantor shall permit Grantee and the other Secured Parties and their respective agents, representatives and employees, upon reasonable prior notice to Grantor (so long as no Default shall have occurred and be continuing), and in compliance with the Subject Lease, to inspect the Mortgaged Property and all books and records of Grantor located thereon, and to conduct such environmental and engineering studies as Grantee or the other Secured Parties may require, provided that such inspections and studies shall not materially interfere with the use and operation of the Mortgaged Property.

Section 3.6 Other Covenants. All of the covenants in the Credit Agreement and the other Credit Documents are incorporated herein by reference and, together with covenants in this Article 3 shall be covenants running with the Land.

Section 3.7 Insurance; Condemnation Awards and Insurance Proceeds.

(a) Insurance. Grantor shall maintain or cause to be maintained such insurance as required pursuant to Section 5.01(d) of the Credit Agreement. If any portion of the Mortgaged Property is located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (or any amendment or successor act thereto), then Grantor shall maintain, or cause to be maintained, with a financially sound and reputable insurer, flood insurance in an amount sufficient to comply with all applicable rules and regulations promulgated pursuant to such Act.

(b) Condemnation Awards. Subject to the terms of the Subject Lease, Grantor assigns all Condemnation Awards to Grantee and authorizes Grantee to collect and receive such Condemnation Awards (to the extent Grantor is entitled thereto under the Subject Lease) and to give proper receipts and acquittances therefor, subject to the terms of the Credit Agreement (including, without limitation, Section 2.06(c)(i i) thereof).

(c) Insurance Proceeds. Subject to the terms of the Subject Lease, Grantor assigns to Grantee all proceeds of any insurance policies insuring against loss or damage to the Mortgaged Property. Subject to the terms of the Credit Agreement (including, without limitation, Section 2.06(c)(iii) thereof), Grantor authorizes Grantee to collect and receive such proceeds (to the extent Grantor is entitled thereto under the Subject Lease) and authorizes and directs the issuer of each of such insurance policies to make payment for all such losses (to the extent Grantor is entitled thereto under the Subject Lease) directly to Grantee, instead of to Grantor and Grantee jointly.

ARTICLE 4

LEASEHOLD DEED TO SECURE DEBT PROVISIONS

Section 4.1 Representations; Warranties; Covenants. Grantor hereby represents, warrants and covenants that:

(a) (1) Except as set forth in Exhibit B hereof, the Subject Lease is unmodified and in full force and effect, (2) all rent and other charges therein have been paid to the extent they are payable to the date hereof, (3) Grantor enjoys the quiet and peaceful possession of the Premises, (4) to the best of its knowledge, Grantor is not in default under any of the terms thereof and there are no circumstances

 

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which, with the passage of time or the giving of notice or both, would constitute an event of default thereunder, (5) to the best of Grantor’s knowledge, the lessor thereunder is not in default under any of the terms or provisions thereof on the part of the lessor to be observed or performed, (6) Grantor has not previously subordinated its interest in the Mortgaged Property to the Lien or interests of any mortgagee of the lessor’s fee interest in the Premises and (7) the Purchase Option is in full force and effect, has not been modified and none of Grantor’s rights and interests therein have been waived;

(b) Grantor shall promptly pay, when due and payable, the rent and other charges payable pursuant to the Subject Lease, and will timely perform and observe all of the other terms, covenants and conditions required to be performed and observed by Grantor as lessee under the Subject Lease;

(c) Grantor shall notify Grantee in writing of any default by Grantor in the performance or observance of any terms, covenants or conditions on the part of Grantor to be performed or observed under the Subject Lease within three (3) days after Grantor obtains knowledge of such default;

(d) Grantor shall, immediately upon receipt thereof, deliver a copy of each notice given to Grantor by the lessor pursuant to the Subject Lease and promptly notify Grantee in writing of any default by the lessor in the performance or observance of any of the terms, covenants or conditions on the part of the lessor to be performed or observed thereunder;

(e) Grantor shall not, without the prior written consent of Grantee (which may be granted or withheld in Grantee’s sole and absolute discretion) terminate, modify or surrender the Subject Lease or the Purchase Option (other than by any exercise thereof), and any such attempted termination, modification or surrender without Grantee’s written consent shall be void;

(f) Grantor shall not, without the prior written consent of Grantee, exercise the Purchase Option;

(g) Grantor shall, within twenty (20) days after written request from Grantee, use its best efforts to obtain from the lessor and deliver to Grantee a certificate setting forth the name of the tenant under the Subject Lease and stating that the Subject Lease is in full force and effect, is unmodified or, if the Subject Lease has been modified, the date of each modification (together with copies of each such modification), that no notice of termination thereof has been served on Grantor, stating that no default or event which with notice or lapse of time (or both) would become a default is existing under the Subject Lease (or if any such default or event is existing, specifying the nature of such default or event), stating the date to which rent has been paid, and containing such other statements and representations as may be requested by Grantee; and

(h) Grantor shall not at any time subordinate its interest in the Mortgaged Property or any portion thereof to the Lien or interests of any mortgagee of the lessor’s fee interest in the Premises.

Section 4.2 No Merger. So long as any of the Indebtedness or the Obligations remain unpaid or unperformed, the fee title to and the leasehold estate in the Premises subject to the Subject Lease shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the lessor or Grantor, or in a third party, by purchase or otherwise. If Grantor acquires the fee title or any other estate, title or interest in the Premises, or any part thereof by the exercise of any purchase option under the Subject Lease or otherwise, the lien of this Deed to Secure Debt shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Mortgaged Property with the same force and effect as if specifically encumbered herein.

 

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Grantor agrees to execute all instruments and documents that Grantee may reasonably require to ratify, confirm and further evidence the lien of this Deed to Secure Debt on the acquired estate, title or interest. Furthermore, Grantor hereby appoints Grantee as its true and lawful attorney-in-fact to execute and deliver, following an Event of Default, all such instruments and documents in the name and on behalf of Grantor. This power, being coupled with an interest, shall be irrevocable as long as any portion of the Indebtedness remains unpaid.

Section 4.3 Grantee as Lessee. If the Subject Lease shall be terminated prior to the natural expiration of its term due to default by Grantor or any tenant thereunder, and if, pursuant to the provisions of the Subject Lease, Grantee or its designee shall acquire from the lessor a new lease of the Premises, Grantor shall have no right, title or interest in or to such new lease or the leasehold estate created thereby, or renewal privileges therein contained.

Section 4.4 No Assignment. Notwithstanding anything to the contrary contained herein, this Deed to Secure Debt shall not constitute an assignment of the Subject Lease within the meaning of any provision thereof prohibiting its assignment and Grantee shall have no liability or obligation thereunder by reason of its acceptance of this Deed to Secure Debt. Grantee shall be liable for the obligations of the tenant arising out of the Subject Lease for only that period of time for which Grantee is in possession of the Premises or has acquired, by foreclosure or otherwise, and is holding all of Grantor’s right, title and interest therein.

ARTICLE 5

DEFAULT AND FORECLOSURE

Section 5.1 Remedies. Upon the occurrence and during the continuance of an Event of Default, Grantee may, at Grantee’s election, exercise any or all of the following rights, remedies and recourses:

(a) Acceleration. Subject to any provisions of the Credit Documents providing for the automatic acceleration of the Indebtedness upon the occurrence of certain Events of Default, declare the Indebtedness to be immediately due and payable, without further notice, presentment, protest, notice of intent to accelerate, notice of acceleration, demand or action of any nature whatsoever (each of which hereby is expressly waived by Grantor), whereupon the same shall become immediately due and payable.

(b) Entry on Mortgaged Property. Subject to the terms of the Subject Lease and applicable law, enter the Mortgaged Property and take exclusive possession thereof and of all books, records and accounts relating thereto or located thereon. If Grantor remains in possession of the Mortgaged Property following the occurrence and during the continuance of an Event of Default, and without Grantee’s prior written consent, subject to the terms of the Subject Lease and applicable law, Grantee may invoke any legal remedies to dispossess Grantor.

(c) Operation of Mortgaged Property. Hold, lease, develop, manage, operate or otherwise use the Mortgaged Property upon such terms and conditions as Grantee may deem reasonable under the circumstances (making such repairs, alterations, additions and improvements and taking other actions, from time to time, as Grantee deems necessary or desirable), all in a manner consistent with the terms of the Subject Lease, and apply all Rents and other amounts collected by Grantee in connection therewith in accordance with the provisions of Section 5.7.

(d) Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed to Secure Debt, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Grantee may determine, subject to the terms of

 

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the Subject Lease and applicable law. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days’ prior written notice shall be deemed commercially reasonable. Upon acceleration of the Indebtedness, Grantee may sell the Mortgaged Property or any part of the Mortgaged Property at one or more public sale or sales before the door of the courthouse of the county in which the Mortgaged Property or any part of the Mortgaged Property is situated, to the highest bidder for cash, in order to pay the Indebtedness and satisfy the Obligations, and all expenses of sale and of all proceedings in connection therewith, including reasonable attorneys’ fees, after advertising the time, place and terms of sale once a week for four (4) weeks immediately preceding such sale (but without regard to number of days) in a newspaper in which sheriff’s sales are advertised in said county, all other notice being hereby waived by Grantor. At any such public sale, Grantee may execute and deliver to the purchaser a conveyance of the Mortgaged Property or any part of the Mortgaged Property in fee simple, with full warranties of title, and to this end Grantor hereby constitutes and appoints Grantee the agent and attorney-in-fact of Grantor to make such sale and conveyance, and all the acts and doings of said agent and attorney-in-fact are hereby ratified and confirmed, and all the acts and doings of said agent and attorney-in-fact are hereby ratified and confirmed, and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon Grantor. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and shall not be exhausted by one exercise thereof, but may be exercised until full payment of all the Indebtedness and satisfaction of all the Obligations. In the event of any sale under this Deed to Secure Debt by virtue of the exercise of the powers herein granted, or pursuant to any order in any judicial proceeding or otherwise, the Mortgaged Property may be sold as an entirety or in separate parcels and in such manner or order as Grantee in its discretion may elect, and if Grantee so elects, Grantee may sell the personal property covered by this Deed to Secure Debt at one or more separate sales in any manner permitted by the UCC, and one or more exercises of the powers herein grant shall not extinguish nor exhaust such powers, until the entire Mortgaged Property is sold or the Indebtedness and Obligations are satisfied in full. At any such sale, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. If Grantee is the highest bidder, Grantee may credit the purchase price against the Indebtedness in lieu of paying cash. In the event this Deed to Secure Debt is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

(e) Receiver. Make application to a court of competent jurisdiction for, and obtain from such court as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Indebtedness, the appointment of a receiver Of the Mortgaged Property, and Grantor irrevocably consents to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and in a manner consistent with the terms of the Subject Lease, and shall apply such Rents in accordance with the provisions of Section 5.7.

(f) Other. Subject to the terms of the Subject Lease, exercise all other rights, remedies and recourses granted under the Credit Documents or otherwise available at law or in equity.

Section 5.2 Separate Sales. To the extent not prohibited under the Subject Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Grantee in its sole discretion may direct. The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.

 

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Section 5.3 Remedies Cumulative, Concurrent and Nonexclusive. Grantee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Grantee (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Grantee in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Section 5.4 Release of and Resort to Collateral. Grantee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the Lien or security interest created in or evidenced by the Credit Documents or their status as a first and prior Lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Grantee may resort to any other security in such order and manner as Grantee may elect.

Section 5.5 Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Grantor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Grantor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of any election by Grantee to exercise or the actual exercise of any right, remedy or recourse provided for under the Credit Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Section 5.6 Discontinuance of Proceedings. if Grantee or any other Secured Party shall have proceeded to invoke any right, remedy or recourse permitted under the Credit Documents and shall thereafter elect to discontinue or abandon it for any reason, Grantee or such other Secured Party, as the case may be, shall have the unqualified right to do so and, in such an event, Grantor, Grantee, and the other Secured Parties shall be restored to their former positions with respect to the Indebtedness, the Obligations, the Credit Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Grantee and the other Secured Parties shall continue as if the right, remedy or recourse had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which may then exist or the right of Grantee or any other Secured Party thereafter to exercise any right, remedy or recourse under the Credit Documents for such Event of Default.

Section 5.7 Application of Proceeds. The proceeds of any sale of, and the Rents and other amounts generated by the holding, leasing, management, operation or other use of the Mortgaged Property, shall be applied by Grantee (or the receiver, if one is appointed) in the following order unless otherwise required by applicable law:

(a) to the payment of the costs and expenses of taking possession of the Mortgaged Property and of holding, using, leasing, repairing, improving and selling the same, including, without limitation (I) receiver’s fees and expenses, including the repayment of the amounts evidenced by any receiver’s certificates, (2) court costs, (3) attorneys’ and accountants’ fees and expenses, (4) costs of advertisement, and (5) the payment of all rent and other charges under the Subject Lease; and

 

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(b) to the payment of the Indebtedness and performance of the Obligations as provided in Section 6.03 of the Credit Agreement.

Section 5.8 Occupancy After Foreclosure. Any sale of the Mortgaged Property or any part thereof in accordance with Section 5.1(d) will divest all right, title and interest of Grantor in and to the property sold. Subject to applicable law and the Subject Lease, any purchaser at a foreclosure sale will receive immediate possession of the property purchased. If Grantor retains possession of such property or any part thereof subsequent to such sale, Grantor will be considered a tenant at sufferance of the purchaser, and will, if Grantor remains in possession after demand to remove, be subject to eviction and removal, forcible or otherwise, with or without process of law.

Section 5.9 Additional Advances and Disbursements; Costs of Enforcement.

(a) Upon the occurrence and during the continuance of any Event of Default, Grantee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Grantor. All sums advanced and expenses incurred at any time by Grantee under this Section 5.9, or otherwise under this Deed to Secure Debt or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred, to and including the date of reimbursement, computed at the highest lawful rate at which interest is then computed on any portion of the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Deed to Secure Debt.

(b) Grantor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Deed to Secure Debt and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Deed to Secure Debt and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Grantee in respect thereof, by litigation or otherwise.

Section 5.10 No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Grantee under the Credit Documents, at law or in equity shall cause Grantee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Grantee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

ARTICLE 6

ASSIGNMENT OF RENTS AND LEASES

Section 6.1 Assignment. In furtherance of and in addition to the assignment made by Grantor in Section 2.1 of this Deed to Secure Debt, Grantor hereby absolutely and unconditionally assigns, sells, transfers and conveys to Grantee all of its right, title and interest in and to all Leases and all of its right, title and interest in and to all Rents. This assignment is an absolute assignment and not an assignment for additional security only. So long as no Event of Default shall have occurred and be continuing, Grantor shall have a revocable license from Grantee to exercise all rights extended to the landlord under the Leases, including the right to receive and collect all Rents and to hold the Rents in trust for use in the payment and performance of the Obligations and to otherwise use the same. The foregoing license is granted subject to the conditional limitation that no Event of Default shall have occurred and be continuing. Upon the occurrence and during the continuance of an Event of Default, whether or not legal proceedings have commenced, and without regard to waste, adequacy of security for the Obligations or solvency of Grantor, the license herein granted shall automatically expire and terminate, without notice to

 

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Grantor by Grantee (any such notice being hereby expressly waived by Grantor to the extent permitted by applicable law).

Section 6.2 Perfection Upon Recordation. Grantor acknowledges that Grantee has taken all actions necessary to obtain, and that upon recordation of this Deed to Secure Debt and an appropriate UCC Fixture Filing and Financing Statement, Grantee shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed to Secure Debt Grantee’s interest in the Rents shall be deemed to be fully perfected, “choate” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, in any case under the Bankruptcy Code, without the necessity of commencing a foreclosure action with respect to this Deed to Secure Debt, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Section 6.3 Bankruptcy Provisions. Without limitation of the absolute nature of the assignment of the Rents hereunder, Grantor and Grantee agree that (a) this Deed to Secure Debt shall constitute a “security agreement” for purposes of Section 552(b) of the Bankruptcy Code, (b) the security interest created by this Deed to Secure Debt extends to property of Grantor acquired before the commencement of a case in bankruptcy and to all amounts paid as Rents and (c) such security interest shall extend to all Rents acquired by the estate after the commencement of any case in bankruptcy.

Section 6.4 No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Grantor, Grantee, any tenant or any third party by purchase or otherwise.

ARTICLE 7

SECURITY AGREEMENT

Section 7.1 Security Interest. This Deed to Secure Debt constitutes a “security agreement” on personal property within the meaning of the UCC and other applicable law and with respect to the Personalty, Fixtures, Leases, Rents, Options, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards. To this end, subject to the terms of the Security Agreement, Grantor grants to Grantee a first and prior security interest in the Personalty, Fixtures, Leases, Rents, Options, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance, Condemnation Awards and all other Mortgaged Property which is personal property to secure the payment of the Indebtedness and performance of the Obligations, and agrees that Grantee shall have all the rights and remedies of a secured party under the UCC with respect to such property, Any notice of sale, disposition or other intended action by Grantee with respect to the Personalty, Fixtures, Leases, Rents, Options, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards sent to Grantor at least ten (10) days prior to any action under the UCC shall constitute reasonable notice to Grantor. In the event of any conflict or inconsistency between the terms of this Deed to Secure Debt and the terms of the Security Agreement with respect to the collateral covered both therein and herein, the Security Agreement shall control and govern to the extent of any such conflict or inconsistency.

Section 7.2 Financing Statements. Subject to the terms of the Security Agreement Grantee shall be authorized to prepare such financing statements, and Grantor shall execute and deliver to Grantee such other documents, instruments and further assurances, in each case in form and substance satisfactory to Grantee, as Grantee may, from time to time, reasonably consider necessary to create, perfect and preserve Grantee’s security interest hereunder. Grantor hereby irrevocably authorizes Grantee

 

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to cause financing statements (and amendments thereto and continuations thereof) and any such documents, instruments and assurances to be recorded and filed, at such times and places as may be required or permitted by law to so create, perfect and preserve such security interest. Grantor represents and warrants to Grantee that Grantor’s jurisdiction of organization is the State of Delaware, After the date of this Deed to Secure Debt, Grantor shall not change its name, type of organization, organizational identification number (if any), jurisdiction of organization or location (within the meaning of the UCC) without giving at least thirty (30) days’ prior written notice to Grantee.

ARTICLE 8

MISCELLANEOUS

Section 8.1 Notices. Any notice required or permitted to be given under this Deed to Secure Debt shall be given in accordance with Section 9 of the Guarantee.

Section 8.2 Covenants Running with the Land. All Obligations contained in this Deed to Secure Debt are intended by Grantor and Grantee to be, and shall be construed as, covenants running with the Land. As used herein, “Grantor” shall refer to the party named in the first paragraph of this Deed to Secure Debt and to any subsequent owner of all or any portion of the Mortgaged Property. All Persons who may have or acquire an interest in the Mortgaged Property shall be deemed to have notice of, and be bound by, the terms of the Credit Agreement and the other Credit Documents; provided, however, that no such party shall be entitled to any rights thereunder without the prior written consent of Grantee.

Section 8.3 Attorney-in-Fact. Grantor hereby irrevocably appoints Grantee as its attorney-in-fact, which agency is coupled with an interest and with full power of substitution with full authority in the place and stead of Grantor and in the name of Grantor or otherwise, (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Grantee deems appropriate to protect Grantee’s interest, if Grantor shall fail to do so within ten (10) days after written request by Grantee, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed to Secure Debt or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Options, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare and file or record financing statements and continuation statements, and to prepare, execute and file or record applications for registration and like papers necessary to create, perfect or preserve Grantee’s security interests and rights in or to any of the Mortgaged Property, and (d) after the occurrence and during the continuance of any Event of Default, to perform any obligation of Grantor hereunder; provided, however, that (I) Grantee shall not under any circumstances be obligated to perform any obligation of Grantor; (2) any sums advanced by Grantee in such performance shall be added to and included in the Indebtedness and shall bear interest at the highest rate at which interest is then computed on any portion of the Indebtedness; (3) Grantee as such attorney-in-fact shall only be accountable for such funds as are actually received by Grantee; and (4) Grantee shall not be liable to Grantor or any other person or entity for any failure to take any action which it is empowered to take under this Section 8.3.

Section 8.4 Successors and Assigns. This Deed to Secure Debt shall be binding upon and inure to the benefit of Grantee, the other Secured Parties and Grantor and their respective successors and assigns. Grantor shall not, without the prior written consent of Grantee, assign any rights, duties or obligations hereunder.

Section 8.5 No Waiver. Any failure by Grantee or the other Secured Parties to insist upon strict performance of any of the terms, provisions or conditions of the Credit Documents shall not be

 

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deemed to be a waiver of same, and Grantee and the other Secured Parties shall have the right at any time to insist upon strict performance of all of such terms, provisions and conditions.

Section 8.6 Credit Agreement; Interpretive Provisions. If any conflict or inconsistency exists between this Deed to Secure Debt and the Credit Agreement or the Guarantee, the Credit Agreement and the Guarantee shall control and govern to the extent of any such conflict or inconsistency. Nothing contained herein shall be construed to waive or negate the rights of Grantor to notice or cure as expressly contained in the Credit Agreement, the Guarantee, or any other Credit Document. The provisions of Sections 1.04, 1.05, 1.07, 1.10 and 1.11 of the Credit Agreement are hereby incorporated into this Deed to Secure Debt by reference.

Section 8.7 Release or Reconveyance. Upon payment in full of the indebtedness and performance in full of the Obligations and termination of all obligations of the Secured Parties under the Credit Agreement (including all obligations to make revolving advances or to honor letters of credit issued thereunder) or upon a sale or other disposition of the Mortgaged Property permitted by the Credit Agreement, Grantee, at Grantor’s request and expense, shall cause this Deed to Secure Debt to be surrendered or cancelled of record.

Section 8.8 Waiver of Stay, Moratorium and Similar Rights. Grantor agrees, to the full extent that it may lawfully do so, that it will not at any time insist upon or plead or in any way take advantage of any stay, marshalling of assets, extension, redemption or moratorium law now or hereafter in force and effect so as to prevent or hinder the enforcement of the provisions of this Deed to Secure Debt or the Indebtedness or Obligations secured hereby, or any agreement between Grantor and Grantee or any rights or remedies of Grantee or any other Secured Party.

Section 8.9 Applicable Law. The provisions of this Deed to Secure Debt regarding the creation, perfection and enforcement of the liens and security interests herein granted shall be governed by and construed under the laws of the state in which the Mortgaged Property is located. All other provisions of this Deed to Secure Debt shall be governed by the laws of the State of New York (including, without limitation, Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York).

Section 8.10 Headings. The Article, Section and Subsection titles hereof are inserted for convenience of reference only and shall in no way alter, modify or define, or be used in construing, the text of such Articles, Sections or Subsections.

Section 8.11 Severability. If any provision of this Deed to Secure Debt shall be held by any court of competent jurisdiction to be unlawful, void or unenforceable for any reason, such provision shall be deemed severable from and shall in no way affect the enforceability and validity of the remaining provisions of this Deed to Secure Debt.

Section 8.12 Entire Agreement. This Deed to Secure Debt and the other Credit Documents embody the entire agreement and understanding between Grantor and Grantee relating to the subject matter hereof and thereof and supersede all prior agreements and understandings between such parties relating to the subject matter hereof and thereof, Accordingly, the Credit Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.

Section 8.13 Grantee as Agent; Successor Agents.

 

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(a) Agent has been appointed to act as Agent hereunder by the other Secured Parties. Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including, without limitation, the release or substitution of the Mortgaged Property) in accordance with the terms of the Credit Agreement and this Deed to Secure Debt. Grantor and all other Persons shall be entitled to rely on releases, waivers, consents, approvals, notifications and other acts of Agent, without inquiry into the existence of required consents or approvals of any other party therefor.

(b) Grantee shall at all times be the same Person that is Agent under the Credit Agreement. Written notice of resignation by Agent pursuant to the Credit Agreement shall also constitute notice of resignation as Agent under this Deed to Secure Debt. Removal of Agent pursuant to any provision of the Credit Agreement shall also constitute removal as Agent under this Deed to Secure Debt. Appointment of a successor Agent pursuant to the Credit Agreement shall also constitute appointment of a successor Agent under this Deed to Secure Debt. Upon the acceptance of any appointment as Agent by a successor Agent under the Credit Agreement, that successor Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Agent as the Grantee under this Deed to Secure Debt, and the retiring or removed Agent shall promptly, at the expense of Grantor, (i) assign and transfer to such successor Agent all of its right, title and interest in and to this Deed to Secure Debt and the Mortgaged Property, and (ii) execute and deliver to such successor Agent such assignments and amendments and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Agent of the liens and security interests created hereunder, whereupon such retiring or removed Agent shall be discharged from its duties and obligations under this Deed to Secure Debt. After any retiring or removed Agent’s resignation or removal hereunder as Agent, the provisions of this Deed to Secure Debt and the Credit Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Deed to Secure Debt while it was Agent or Grantee hereunder.

ARTICLE 9

LOCAL LAW PROVISIONS

Section 9.1 Inconsistencies. In the event of any inconsistencies between the terms and conditions of this Article 9 and the other provisions of this Deed to Secure Debt, the terms and conditions of this Article 9 shall control and be binding.

Section 9.2 Waiver of Grantor’s Rights. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO

 

13


SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.

Section 9.3 Non-Residential Status of Property. Grantor represents and warrants to Grantee that neither all of the Mortgaged Property nor any part thereof is to be used as a dwelling place by Grantor at the time this Deed to Secure Debt is entered into and, accordingly, the notice requirements of Official Code of Georgia Annotated § 44-14-162.2 shall not be applicable to any exercise of the power of sale contained in this Deed to Secure Debt.

Section 9.4 Commercial Transaction. The interest of Grantee under this Deed to Secure Debt and the liability and obligations of Grantor for the payment of the Obligations arise from a “commercial transaction” within the meaning of Official Code of Georgia, Annotated § 44-14-260(1). Accordingly, pursuant to Official Code of Georgia Annotated § 44-14-263, Grantor waives any and all rights which Grantor may have to notice prior to seizure by Grantee or the Secured Parties of any interest in personal property of Grantor which constitutes part of the Mortgaged Property, whether such seizure is by writ of possession or otherwise.

 

14


IN WITNESS WHEREOF, Grantor has, effective as of the date first above written, caused this instrument to be duly EXECUTED AND DELIVERED under seal by authority duty given.

 

    GRANTOR:
Signed, sealed and delivered by Grantor in the presence of:    

 

   

FRESH EXPRESS INCORPORATED, as successor by

merger and name change to Fresh-Cuts Incorporated, a Delaware corporation

Witness    

 

     
Notary Public     By:  

 

My Commission Expires:     Name:  

 

 

    Title:  

 

[NOTARIAL SEAL]    

[CORPORATE SEAL]

 

15


EXHIBIT A

LEGAL DESCRIPTION

Legal Description of premises located at 1361 Southern Road, Morrow, Georgia (Clayton County):

[See Attached Page(s) For Legal Description]

 

16


EXHIBIT B

SUBJECT LEASE

The term “Subject Lease” shall mean the agreement of lease described in this Exhibit B. If more than one agreement of lease is described, the “Subject Lease” shall mean (a). each lease individually and (b) all such leases collectively.

That certain Lease Agreement dated April 1, 2004, pursuant to which Grantor leases all or a portion of the Land from the Development Authority of Clayton County, a short form of which was recorded in the Clayton County, Georgia Records at Deed Book 7729, Page 305, as amended by that certain First Modification of Short Form Lease Agreement, dated April 14, 2008, recorded in the Clayton County, Georgia Records at Deed Book     , Page     .

 

17


EXHIBIT C

PERMITTED ENCUMBRANCES

Those exceptions set forth in Schedule B of that certain policy of title insurance issued to Grantee by                                  on or about the date hereof pursuant to commitment number                     .

 

18


EXHIBIT R

FORM OF LENDER ADDENDUM

LENDER ADDENDUM

Reference is made to that Credit Agreement dated as of March 31, 2008 (as amended, restated, renewed, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein.

Upon execution and delivery of this Lender Addendum by the parties hereto as provided in Section 8.17 of the Credit Agreement, the undersigned hereby becomes a Lender thereunder having the Commitments set forth in Schedule 1 hereto, effective as of the Effective Date.

THIS LENDER ADDENDUM SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

This Lender Addendum may be executed in any number of counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Transmission by facsimile or other electronic transmission of an executed counterpart of this Lender Addendum shall be deemed to constitute due and sufficient delivery of such counterpart.

[The remainder of this page is intentionally left blank.]


IN WITNESS WHEREOF, the parties hereto have caused this Lender Addendum to be duly executed and delivered by their proper and duly authorized representatives effective as of the date set forth herein.

 

[NAME OF LENDER]

By:

 

 

Name:

 

 

Title:

 

 

SCHEDULE I

TO

LENDER ADDENDUM

 

Revolving Loan
Commitment

 

Revolving
Proportionate
Share

 

Term Loan
Commitment

$                           %   $            

 

Accepted and agreed:

CHIQUITA BRANDS L.L.C., as Borrower

By:

 

 

Name:

 

 

Title

 

 

COÖPERATIEVE CENTRALE RAIFFEISEN-

BOERENLEENBANK B.A., “RABOBANK

NEDERLAND,” NEW YORK BRANCH,

as Administrative Agent

By:

 

 

Name:

 

 

Title

 

 

By:

 

 

Name:

 

 

Title

 

 


DISCLOSURE SCHEDULES

TO

CREDIT AGREEMENT

TERMS AND CONDITIONS

The Disclosure Schedules attached hereto correspond to the CREDIT AGREEMENT, dated as of March 31, 2008, by and among: (a) CHIQUITA BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) CHIQUITA BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as Administrative Agent, as Swing Line Lender, and as an L/C Issuer; and (e) Rabobank, as lead arranger and bookrunner (in such capacities, the “Lead Arranger”).

The headings to each of the schedules are inserted for convenience only and shall not create a different standard for disclosure than the language set forth in the Credit Agreement.

All capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement.


Schedule I

Grantors and Subsidiary Guarantors

Part I – Grantors

To Copyright Security Agreement

Chiquita Brands International, Inc.

Chiquita Brands L.L.C.

TransFRESH Corporation

To Patent Security Agreement

Chiquita Brands L.L.C.

Fresh Express Incorporated

Fresh International Corp.

TransFRESH Corporation

To Trademark Security Agreement

Chiquita Brands L.L.C.

Fresh Express Incorporated

Fresh International Corp.

TransFRESH Corporation

Great White Fleet Ltd.

Verdelli Farms, Inc.

Part II – Subsidiary Guarantors

Chiquita Fresh North America L.L.C.

Coast Citrus Distributors Holding Company

Fresh Holding C.V.

American Produce Company

Chiquita International Limited

Compania Bananera Atlantica Limitada

Tela Railroad Company Limited

Great White Fleet Ltd.

Bocas Fruit Co. L.L.C.

Chiquita Banana Company B.V.

Fresh International Corp.

Fresh Express Incorporated

B C Systems, Inc.

TransFRESH Corporation

Verdelli Farms, Inc.


Schedule II

Permitted Joint Ventures

Chiquita’s operations in the Far East are conducted through three joint ventures: Chiquita-Unifrutti Asia B.V., Laysun (Far East) Limited, and Baninvest Ltd. These entities own further entities involved in the operations of the joint ventures.

Coast Citrus Distributors

Compania Bananera Los Laureles, S.A.

Compania Bananera Monte Blanco, S.A.

Compania Bananera La Estrella, S.A.

Hospital La Lima, S.A. de C.V.

Uniata Union Atlantica Hortofruticola Import-Emport S.L.

Fundacion Para El Desarrollo de Comunidades Sosteniblesen el Valle de Sulla

Servicios de Logistica Chiquita, S.A.

Alamo Land Company owns a 21.22% partnership interest in Associated Santa Maria Minerals


Schedule III

Pledged Persons

 

Pledged Companies

   Jurisdiction
of Pledged
Companies
    

Pledgor(s)

   Jurisdiction of
Pledgor/Percent
Owned
     Percent
Pledged
 

100% Pledged Company

           

Chiquita Brands L.L.C.

     Delaware       Chiquita Brands International, Inc.      New Jersey – 100%         100%   

St. James Investments, Inc.

     Delaware       Chiquita Brands L.L.C.      Delaware – 100%         100%   

Chiquita Fresh North America L.L.C.

     Delaware       Chiquita Brands L.L.C.      Delaware – 100%         100%   

Coast Citrus Distributors Holding Company

     Delaware       Chiquita Brands L.L.C.      Delaware – 100%         100%   

Fresh Holding CV

     Netherlands       Chiquita Brands L.L.C. / Chiquita Fresh North America L.L.C.     
 
Delaware – 99% /
Delaware – 1%
  
  
     99% / 1%   

American Produce Company

     Delaware       Chiquita Brands L.L.C.      Delaware 100%         100%   

Chiquita Fresh Cut, L.L.C.

     Delaware       Chiquita Fresh North America L.L.C.      Delaware – 100%         100%   

Chiquita International Limited

     Bermuda       Fresh Holding CV      Netherlands – 100%         100%   

Great White Fleet Ltd.

     Bermuda       Chiquita International Limited      Bermuda – 100%         100%   

Bocas Fruit Co. L.L.C.

     Delaware       Chiquita International Limited      Bermuda – 100%         100%   

Chiquita Banana Company B.V.

     Netherlands       Fresh Holding CV      Netherlands – 100%         100%   

“Hameico” Fruit Trade GmbH

     Germany       American Produce Company / Chiquita Banana Company B.V.     

 
 

Delaware – 20%

/ Netherlands –
80%

  

  
  

    
 
20% /
80%
  
  

Fresh International Corp.

     Delaware       Chiquita Brands L.L.C.      Delaware – 100%         100%   

Fresh Express Incorporated

     Delaware       Fresh International Corp.      Delaware – 100%         100%   


Pledged Companies

   Jurisdiction
of Pledged
Companies
  

Pledgor(s)

   Jurisdiction of
Pledgor/Percent Owned
   Percent
Pledged

B C Systems, Inc.

   Delaware    Fresh Express Incorporated    Delaware – 100%    100%

TransFRESH Corporation

   Delaware    Fresh International Corp.    Delaware – 100%    100%

Verdelli Farms, Inc.

   Pennsylvania    Fresh Express Incorporated    Delaware – 100%    100%

Alamo Land Company

   Delaware    B C Systems, Inc.    Delaware – 100%    100%

V.F. Transportation, L.L.C.

   Pennsylvania    Verdelli Farms, Inc.    Pennsylvania – 100%    100%

G&V Farms, LLC

   Pennsylvania    Verdelli Farms, Inc.    Pennsylvania – 100%    100%

65% Pledged Company

           

Compania Mundimar, S.A.

   Costa Rica    Chiquita Brands L.L.C.    Delaware – 100%    63.5%

Compania Bananera Guatamalteca Independiente, S.A.

   Guatemala    Chiquita International Limited    Bermuda – 100%    65%

Chiquita UK Limited

   United Kingdom    Chiquita Banana Company B.V.    Netherlands – 100%    65%

Chiquita Poland Sp. Z.o.o.

   Poland    Chiquita Banana Company B.V.    Netherlands – 100%    65%

Chiquita Italia S.p.A.

   Italy    Chiquita Banana Company B.V.    Netherlands – 100%    65%

Atlanta Aktiengesellschaft

   Germany    “Hameico” Fruit Trade GmbH    Germany – 100%    65%

Chiquita Deutschland GmbH

   Germany    “Hameico” Fruit Trade GmbH    Germany – 100%    65%


Schedule IV

Notices

 

The Borrower:

     Chiquita Brands L.L.C.
     250 East Fifth Street
     Cincinnati, OH 45202
     Telephone: (513) 784-8000
     Attention: Chief Financial Officer

With a copy to:

     Chiquita Brands L.L.C.
     250 East Fifth Street
     Cincinnati, OH 45202
     Telephone: (513) 784-8000
     Attention: General Counsel

The Administrative Agent:

Cooperatieve Centrale Raiffeisen-Boerenleenbank

B.A., “Rabobank Nederland”, New York Branch

245 Park Avenue, 37th Floor

New York, New York 10167-0062

Attention: Loan Syndications

 

Facsimile:

   (201) 499-5326 or (201) 499-5327

Telephone (Primary):

   Alishia Hazell at (201) 499-5319

Telephone (Secondary):

   Chandra Rambarran at (201) 499-5316
  

E-mail:

   alishia.hazell@rabobank.com
   Chandra.rambarran@rabobank.com
   sui.price@rabobank.com
   winnie.ng@rabobank.com
   With copies to:
   kristine.pantorilla@rabobank.com

With a copy to:

Paul, Hastings, Janofsky & Walker LLP

600 Peachtree Street, Suite 2400

Atlanta, Georgia 30308

Attention: Cindy Davis, Esq.

Facsimile: (404) 815-2424


Schedule V

Existing Swap Counterparties Not Parties to the Credit Agreement

[*]


Schedule 4.01(k)

Pending Asset Sales

Assets

Carrollton, GA facility

Carrollton, GA machinery and equipment

Greencastle, PA facility

Atlanta, GA fruit machinery and equipment

Chicago, IL (Nevada Avenue, Franklin Park) fruit machinery and equipment

Salinas, CA West fruit machinery and equipment

Salinas, CA West BCC machinery and equipment

Bocas Airplane

Bradenton, FL facility

Tela Railroad Company Ltd. – various land

Salinas, CA West excess equipment

The Carrolton, GA, Greecastle, PA, Bradenton, FL facilities, and the Tela Railroad Company Ltd. various land are/will be listed for sale. The Carrollton machinery and equipment, Atlanta Fruit machinery and equipment, Chicago Fruit machinery and equipment , Salinas West Fruit machinery and equipment and Salinas West BCC machinery and equipment are being sold at auction. Purchase agreements have been executed regarding the Bocas Airplane and the Salinas West excess equipment.


Schedule 4.01(l)

Employee Benefit Plans

Section 4.01(l)(iii) – Multiemployer Plan Contribution Obligations

 

  1. American Produce Company contributes to the Associated Produce Dealers and Brokers of Los Angeles, Inc. Union Employee Health Plan and the Western Conference of Teamsters Pension Trust Fund.

 

  2. Fresh Express contributes to the Midwest Pension Fund and the National Production Workers Union Severance Trust Fund.

 

  3. Verdelli Farms contributes to the Teamsters Local 929 Supplemental Income Fund.


Schedule 4.01(n)

Trademarks, Patents, Copyrights and Licenses

The inclusion of any item on this Schedule 4.01(n) or any of the attachments hereto is not deemed to be an admission or representation that the included item is material to the conduct of any Significant Party’s business as now conducted.

See Schedule 4.01(n)(1) attached hereto and incorporated herein for a list of trademarks.

See Schedule 4.01(n)(2) attached hereto and incorporated herein for a list of trade names.

See Schedule 4.01(n)(3) attached hereto and incorporated herein for a list of copyrights.

See Schedule 4.01(n)(4) attached hereto and incorporated herein for a list of patents and patent rights.

See Schedule 4.01(n)(5) attached hereto and incorporated herein for a list of licenses.

See Schedule 4.01(n)(6) attached hereto and incorporated herein for a list of Principal Trademarks.

See Schedule 4.01(n)(7) attached hereto and incorporated herein for a list of countries in which lien filings will be made and a general description of which marks filings will be made.


Schedule 4.01(n)(1)

List of Trademarks

 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: African Union Territories (OAPI)

 
Trademark   

Case Number

Country Name

   Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C533    86534       37026    Registered
      08-Nov-1996       31-Mar-1998    08-Nov-2016
Class(es):    29 Int., 31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT
   CLASS 32: BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA & Design (‘86 version)

   C520    86532       37024    Registered
      08-Nov-1996       31-Mar-1998    08-Nov-2016
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT
   CLASS 32: BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: African Union Territories (OAPI)

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (94 Version)

   C1423    89737       40636    Registered
      19-Feb-1999       09-Feb-2000    19-Feb-2009
Class(es):    29 Int., 30 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS IN INTERNATIONAL CLASS 29
   COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE, FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; ; HONEY, TREACLE; YEAST, BAKING POWDER, SALT, MUSTARD, VINEGAR, SAUCES (CONDIMENTS); SPICES, ICE IN INTERNATIONAL CLASS 30
  

BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS

AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES INTERNATIONAL CLASS 32


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Albania

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

AMIGO

   C441    AL/M/95/0005       6082    Registered
      26-Jan-1995       10-Oct-1996    26-Jan-2015
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT

AMIGO & Design (‘92 version)

   C715    AL/M/98/0004       8092    Registered
      22-Jan-1998       17-Mar-2000    22-Jan-2018
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA

   C1158          5613    Registered
      05-Aug-1992       11-Apr-1994    05-Aug-2012
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Vjollca Shomo       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Albania

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 version)

   C1159          5614    Registered
      05-Aug-1992       11-Apr-1994    05-Aug-2012
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Vjollca Shomo       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Algeria

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

AMIGO

   C2589    940811       48077    Registered
      10-Aug-1994       10-Aug-1994    10-Aug-2014
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Cabinet Boukrami       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C731    970732       053030    Registered
      20-May-1997       20-May-1997    20-May-2017
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Cabinet Boukrami       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruit and vegetables

CHIQUITA

   C1109    40858       55887    Registered
            15-Mar-1989    14-Mar-2009
Class(es):    29 Int., 31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Cabinet Boukrami       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and milk products; edible oils and fats, preserved food, pickles, in International Class 29; and, Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt, in International Class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Algeria

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 version)

   C552          053041    Registered
      16-Jun-1997       16-Jun-1997    16-Jun-2017
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS
   CLASS 30: COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE, FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE; YEAST, BAKING POWDER, SALT, MUSTARD, VINEGAR, SAUCES (CONDIMENTS); SPICES, ICE
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT
   CLASS 32: BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Andorra

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C2458    3692       3482    Registered
      05-Feb-1997       10-Mar-1997    05-Feb-2017
Class(es):    31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       AgentRef:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Headings for Classes 31 and 32

CHIQUITA & Design (‘86 version)

   C2489    5400       3822    Registered
      19-Feb-1997       12-Mar-1997    19-Feb-2017
Class(es):    31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       AgentRef:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Headings for Classes 31 and 32


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Angola

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C782    E-746       5464    Registered
      30-Jul-1997       02-Jun-1998    30-Jul-2017
Class(es):    32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 32

CHIQUITA

   C780    E-748       5466    Registered
      30-Jul-1997       03-Jun-1998    30-Jul-2017
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 31

CHIQUITA

   C778    E-747       5465    Registered
      30-Jul-1997       03-Jun-1998    30-Jul-2017
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 30


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Angola

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C546    E-749       5467    Registered
      30-Jul-1997       03-Jun-1998    30-Jul-2017
Class(es):    29 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 29

CHIQUITA & Design (‘86 Version)

   C783    E-753       5471    Registered
      30-Jul-1997       04-Jun-1998    30-Jul-2017
Class(es):    32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 32

CHIQUITA & Design (‘86 Version)

   C781    E-752       5470    Registered
      30-Jul-1997       04-Jun-1998    30-Jul-2017
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Angola

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 Version)

   C779    E-751       5469    Registered
      30-Jul-1997       04-Jun-1998    30-Jul-2017
Class(es):    30 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 30

CHIQUITA & Design (‘86 version)

   C547    E-750       5468    Registered
      30-Jul-1997       03-Jun-1998    30-Jul-2017
Class(es):    29 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    International Class Heading for Class 29


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Antigua and Barbuda

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C488    5265       5265    Registered
      19-Jan-1998       19-Jan-1998    19-Jan-2012
Class(es):    42 Int., 44 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Antigua classes 42 and 44
   Substances used as food or as ingredients in food; fresh fruits and vegetables
   Mineral and aerated waters, natural and artificial, including ginger beer

CHIQUITA & DESIGN (‘86 VERSION)

   C487    5264       5264    Registered
      19-Jan-1998       19-Jan-1998    19-Jan-2012
Class(es):    42 Int., 44 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Antigua classes 42 and 44
   Substances used as food or as ingredients in food; fresh fruits and vegetables
   Mineral and aerated waters, natural and artificial, including ginger beer


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Argentina

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C2937    2140104       1858117    Registered
      25-Mar-1998       15-Jan-2002    15-Jan-2012
Class(es):    29 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Brons & Salas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Preserved dried and cooked fruits and legumes

CHIQUITA

   C2145    2584764       2045472    Registered
      01-Aug-1994       28-Apr-1995    04-Oct-2015
Class(es):    32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Brons & Salas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Beverages

CHIQUITA

   C3074    2422366       1976823    Registered
      02-Apr-2003       01-Apr-2004    01-Apr-2014
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    MARVAL O’FARRELL & MAIRAL    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    ALL GOODS IN CLASS 31, EXCEPTING: SUBSTANCES FOR FEEDING ANIMALS, MALT, RAW WOOD AND ROUGH CORK


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Argentina

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 version)

   C2939    2140100       1858116    Registered
      25-Mar-1998    27-Jan-1999    15-Jan-2002    15-Jan-2012
Class(es):    29 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Brons & Salas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Preserved dried and cooked fruits and legumes

CHIQUITA & Design (‘86 version)

   C2144    2584765       2045473    Registered
      01-Aug-1994       28-Apr-1995    04-Oct-2015
Class(es):    32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Brons & Salas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Beverages

CHIQUITA & Design (‘86 version)

   C2147    2612401       1574006    Registered
      21-Dec-1992       31-Aug-1995    31-Aug-2015
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    MARVAL O’FARRELL & MAIRAL    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Argentina

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (Horizontal)

   C2092    1985984       1903102    Registered
      07-Apr-1987       29-Jan-1993    23-Jul-2014
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Brons & Salas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-51

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    ALL GOODS IN THIS CLASS EXCEPT FOR ANIMAL FEEDING SUBSTANCES, MALT, WOOD AND ROUGH CORK

FRUPAC & DEVICE

   C2146    1857472       1568470    Registered
      28-Sep-1992       07-Jul-1995    14-Feb-2016
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    MARVAL O’FARRELL & MAIRAL       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Armenia

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

AMIGO

   C425    950880       3035    Registered
      20-Nov-1995       16-Apr-1998    20-Nov-2015
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C717    970194       3535    Registered
      15-May-1997       28-Aug-1998    15-May-2017
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    All goods in Class 31

CHIQUITA

   C692    970144       3534    Registered
      16-Apr-1997       28-Aug-1998    16-Apr-2017
Class(es):    31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Intels       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class 31 and 32 Headings


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Armenia

   

 

     Case Number    Application    Publication    Registration    Status
Trademark    Country Name    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 version)

   C708    970143       3533    Registered
      16-Apr-1997       28-Aug-1998    16-Apr-2017
Class(es):    31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Intels       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class 31 and 32 Headings

CHIQUITA & Design (‘86 version)

   C2051    950154       2829    Registered
      20-Nov-1995       05-Feb-1998    20-Nov-2015
Class(es):    29 Int., 31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Dried and cooked fruits and vegetables in Class 29; fresh fruit and vegetables in Class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Aruba

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C807    IM-971015.14       19622    Registered
      15-Oct-1997       05-Feb-1999    14-Oct-2017
Class(es):    29 Int., 30 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Century Trade Mark Agencies       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class Headings for International Classes 29 and 30

CHIQUITA

   C2329    IM-970325.11       18605    Registered
      25-Mar-1997       18-Jun-1997    24-Mar-2017
Class(es):    31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Century Trade Mark Agencies       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beverages; fresh fruit and vegetables

CHIQUITA & Design (‘86 version)

   C2330    IM-970325.12       18606    Registered
      25-Mar-1997       18-Jun-1997    24-Mar-2017
Class(es):    31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Century Trade Mark Agencies       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beverages; fresh fruit and vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Aruba

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 Version)

   C2059    IM-971015.15       19623    Registered
      15-Oct-1997       05-Feb-1999    14-Oct-2017
Class(es):    29 Int., 30 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Century Trade Mark Agencies    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class Headings for International Classes 29 and 30

CHIQUITA & Design (‘94 version)

   C484          18843    Registered
      29-Aug-1997       15-Dec-1997    28-Aug-2017
Class(es):    32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Century Trade Mark Agencies    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Australia

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2830    224181       A224181    Registered
      19-Nov-1968       30-Sep-1970    19-Nov-2013
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2831    224182       A224182    Registered
      19-Nov-1968       06-Oct-1970    19-Nov-2013
Class(es):    29 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Preserved, dried, mashed and cooked fruits and vegetables.

CHICO & Design (‘90 version)

   C2836    544827       A544827    Registered
      26-Oct-1990       06-May-1993    26-Oct-2017
Class(es):    31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables, excluding fruit of the Sapodilla.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Australia

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C553    735735       735735    Registered
      02-Jun-1997    08-Jan-1998    18-May-1998    02-Jun-2017
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats in International Class 29.
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices (including edible ices) and ice cream; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice in International Class 30.
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages in International Class 32.

CHIQUITA & CHIQUITA BANANA FIGURE

   C2834    155493       A155493    Registered
      18-Aug-1959       17-May-1961    18-Aug-2008
Class(es):    29 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-48

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Mashed bananas and mashed fruit


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Australia

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA & Design (‘86 version)

   C2837    544828       A544828    Registered
      26-Oct-1990       12-Nov-1992    26-Oct-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruit and vegetables.

CHIQUITA & Design (‘86 version)

   C2987    762678       762678    Registered
      21-May-1998       29-Jan-1999    21-May-2008
Class(es):    29 Int., 30 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    preserved, dried or cooked fruits and vegetables in International Class 29
   confectionery, edible ices and ice cream; tea in International Class 30
   beverages, including fruit juice based beverages and frozen juice concentrates in International Class 32

CHIQUITA & Design (‘86 version)

   C1417    764505       764505    Registered
      12-Jun-1998       02-Mar-1999    12-Jun-2008
Class(es):    30 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments);spices; ice, flavoring syrups


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Australia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA JUNIOR

   C1244    627727       A627727    Registered
      18-Apr-1994       22-Aug-1995    18-Apr-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-76

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits including bananas         

CHIQUITA JUNIOR & Design

   C2716    669112       669112    Registered
      08-Aug-1995       24-Jan-1997    08-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-75

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    FRESH FRUITS INCLUDING BANANAS         

CHIQUITA NIBBLES

   C2909    675794       675794    Registered
      23-Oct-1995       02-Dec-1998    23-Oct-2015
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-79

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Snack foods in this class, including dried or crystallised fruits, fruit peel and prepared nuts, in International Class 29; snack foods in this class, including confectionary, cereal preparations and muesli, in International Class 30; snack food in this class, including raw nuts, bran and wheats, in International Class 31.

CONSUL & Design in color

   C2835    544826       A544826    Registered
      26-Oct-1990       27-May-1993    26-Oct-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Freehills Patent and Trademark Attorneys    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruit         


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Austria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA

   C1182    AM 2100/67       66047    Registered

FIGURE

      03-Oct-1967       27-Jan-1970    31-Jan-2010
Class(es):    29 Int., 31 Int.,32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patentwalte Schutz u. Partner    Agent Ref:   

34274  

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    MEAT AND MEAT PRODUCTS; MEAT EXTRACTS, CANNED MEAT, FISH, FRUIT AND VEGETABLE; MEAT FISH, FRUIT AND VEGETABLE GELATINE (CL, 29)
   FRESH FRUITS AND VEGETABLES (CL, 31)
   FRUIT JUICES (CL, 32)

AMIGO

   C2296    AM3604/94       154835    Registered
      20-Jul-1994       12-Oct-1994    31-Oct-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C707    AM2570/97       171324    Registered
      13-May-1997       01-Sep-1997    30-Sep-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruits and vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Austria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C957    AM4903/88       124080    Registered
      28-Oct-1988       17-Feb-1989    28-Feb-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patentwalte Schutz u. Partner    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS INC.    First Use Date:      
Goods:    CONFECTIONARY, EDIBLE ICES AND ICE CREAM

CHIQUITA

   C1181    AM2723/66       66041    Registered
      28-Nov-1966       26-Jan-1970    31-Jan-2010
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patentwalte Schutz u. Partner    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    CLASS 29: MEAT AND FISH PRODUCTS, MEAT EXTRACTS; CANNED MEAT, FISH, FRUIT AND VEGETABLES; MEAT, FISH, FRUIT, AND VEGETABLE JELLIES
   CLASS 31: FRESH FRUIT AND VEGETABLES
   CLASS 32: FRUIT JUICES

CHIQUITA & Design (‘86 version)

   C976    AM3457/92       144307    Registered
      14-Jul-1992       13-Oct-1992    31-Oct-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patentwalte Schutz u. Partner    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Preserved, dried & cooked fruits & vegetables; fresh fruits & vegetables; fruit drinks & fruit juices, non-alcoholic drinks, syrups & other preparations for making beverages.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Austria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA’S AND CHIQUITA BANANA FIGURE DESIGN

   C1114    AM 1996/59       42469    Registered
      21-Sep-1959      

25-Nov-1959

   25-Nov-2009
Class(es):    29 Int., 30 Int., 31 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Patentwalte Schutz u. Partner    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-90

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Bananas, fruits, mashed banana and mashed fruit; bakery products; dietetic foods and ice cream.

CONSUL

   C958    464/89       125392    Registered
      06-Feb-1989       23-May-1989    31-May-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES

CONSUL & Design in color

   C959    AM965/89       125522    Registered
      02-Mar-1989       08-Jun-1989    30-Jun-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patentwalte Schutz u. Partner    Agent Ref:   

61440  

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS INC.    First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Austria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & Design

   C2191    AU14987/87       120383    Registered
      23-Dec-1987       21-Jul-1988    31-Jul-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Preserved, dried or cooked fruit (29); fresh fruits (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Azerbaijan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C426    940798/3       990202    Registered
      05-Sep-1994       08-Feb-1999    05-Sep-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:   

V52488/JAF/UH

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C719    973048       990983    Registered
      20-May-1997       22-Sep-1999    20-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16555

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Azerbaijan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA

   C363    1034       991191    Registered
      25-Mar-1994       05-Nov-1999    17-Feb-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game meat extracts, preserved, dried and cooked fruits and vegetables; eggs, milk and other dairy products; vegetable oils and edible fats, pickles, agricultural, horticultural and forestry product, etc.

CHIQUITA

   C1389    983784       991015    Registered
      19-May-1998       14-Sep-1999    19-May-2008
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T18111

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats in International Class 29.
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice in International Class 30.
   Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages in International Class 32.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Azerbaijan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (86 version)

   C361    940693       980991    Registered
      02-Aug-1994       11-Jun-1998    02-Aug-2014
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)

CHIQUITA & Design (‘86 version)

   C386    1035       980087    Registered
      25-Mar-1994       26-Jan-1998    23-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beer; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other compositions for drinks production


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Bahamas

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C474    19309       19309    Registered
      11-Feb-1997       20-Nov-1997    11-Feb-2011
Class(es):    44 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mosko & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Non-alcoholic beverages            

CHIQUITA & Design (‘86 version)

   C470    19308       19308    Registered
      11-Feb-1997       20-Nov-1997    11-Feb-2011
Class(es):    44 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mosko & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Non-alcoholic beverages            

CHIQUITA & Design (‘94 version)

   C483    19307       19307    Registered
      11-Feb-1997       20-Nov-1997    11-Feb-2011
Class(es):    44 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mosko & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Non-alcoholic beverages            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Bahrain

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2326    1340/94       18156    Registered
      31-Oct-1994       17-Jun-1996    31-Oct-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables and all goods in this class

AMIGO & Design (‘92 version)

   C720    645/97       21980    Registered
      30-Apr-1997       25-Jul-2000    30-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods included in class 31

CHICO

   C579    703/97       22022    Registered
      14-May-1997       30-Jul-2000    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods included in class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Bahrain

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO & Design (‘90 version)

   C574    704/97       22023    Registered
      14-May-1997       30-Jul-2000    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods included in class 31

CHICO IN OVAL IN COLOR

   C2860    553/86       10508    Registered
      13-Sep-1986       13-Sep-1986    13-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA

   C2858    551/86       10506    Registered
      13-Sep-1986       13-Sep-1986    13-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA

   C1273    1887/97       22919    Registered
      22-Nov-1997       07-Nov-2000    22-Nov-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods included in class 32


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Bahrain

   

 

Trademark   

Case Number

Country Name

   Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C479    1574/96       20993    Registered
      22-Sep-1996       18-Apr-2000    22-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables         

CHIQUITA & Design (‘86 version)

   C1274    1888/97       22920    Registered
      22-Nov-1997       07-Nov-2000    22-Nov-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods included in class 32


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Belarus

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C427    3198       5761    Registered
      11-Aug-1994       20-Feb-1997    11-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C721    970784       11382    Registered
      13-May-1997       11-Nov-1999    13-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA

   C2444    34404       3374    Pending
      22-Apr-1994          22-Apr-2014
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Sojuz Patent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Canned, dried and cooked fruit and vegetables (29); fresh fruit and vegetables (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Belarus

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2445    82509       3376    Pending
      22-Apr-1994          22-Apr-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Sojuz Patent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit beverages and juices

CHIQUITA & Design (‘86 version)

   C1106    1037       4053    Registered
      29-Sep-1993       29-Sep-1993    29-Sep-2013
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Sojuz Patent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Belize

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1191          6890    Registered
            25-Nov-1966    25-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and fresh vegetables

CHIQUITA & Design (*86 Version)

   C1190    1506265       6888    Registered
            10-Jul-1992    10-Jul-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables; all included in class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1093    634917       364000    Registered
      05-Mar-1980       05-Mar-1980    05-Mar-2010
Class(es):    28 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.       Agent Ref:    7220 BX JE/MNI   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Games and toys

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2471    630328       360656    Registered
      15-May-1979       15-May-1979    15-May-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juice

AMIGO

   C2629    830640       555094    Registered
      15-Jul-1994       15-Jul-1994    15-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO & Design (‘92 version)

   C722    892792       620121    Registered
      29-Apr-1997       29-Apr-1997    29-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

BANANA FIGURE

   C1233    559440       93405    Registered
      02-Dec-1971       02-Dec-1971    02-Dec-2009
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-17

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    29: Banana puree and fruit puree, cream         
   30: Ice cream, bread, pastry, chocolate and confectionery, chocolate and sweets.
   31: Vegetables and fruits, bananas

CHIQUITA

   C1091    630329       359433    Registered
      15-May-1979       15-May-1979    15-May-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.       Agent Ref:    9379 BX JE/CEI   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juice (non-fermented) and other non-alcoholic drinks; syrups and other preparations for making


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Benelux

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C4020    1116586       814474    Registered
      03-Aug-2006       28-Dec-2006    03-Aug-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T52908BX00/JE/BWA

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 30 Int.            
   CONFECTIONARY, EDIBLE ICES AND ICE CREAM

CHIQUITA

   C2632    835891       559254    Registered
      21-Oct-1994       21-Oct-1994    21-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Baked goods            


 

 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Benelux

   

 

          Application    Publication    Registration    Status
Trademark    Case Number    Number/Date    Number/Date    Number/Date    Next Renewal

CHIQUITA

   C1207    559439       77133    Registered
      02-Dec-1971       02-Dec-1971    02-Dec-2009
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.    Agent Ref:    9376 BX JE/MNI   
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserved foodstuffs not included in other classes, pickles.
   30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionery, edible ice; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces, salad dressings; spices; ice.
   31: Agricultural, horticultural and forestry products and grains, not included in other classes; live animals; fresh fruit and vegetables; seeds, living plants and natural flowers; animal feed, malt.

CHIQUITA & Design (‘86 version)

   C4021    1116582       810252    Registered
      03-Aug-2006       07-Nov-2006    03-Aug-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T52907BX00/JE/BWA

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 30 Int.            
   CONFECTIONARY, EDIBLE ICES AND ICE CREAM


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1143    782927       518783    Registered
      13-Jul-1992       13-Jul-1992    13-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, Dried & Cooked Fruits & Vegetables (29) ; Fresh Fruits & Vegetables (31) ; Fruit Drinks & Fruit Juices, Non-Alcoholic Drinks, Syrups & Other Preparations for Making Beverages (32)

CHIQUITA & Design (‘86 version)

   C2633    835892       559255    Registered
      21-Oct-1994       21-Oct-1994    21-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Baked goods            

CHIQUITA & DEVICE

   C3276    1069270       767967    Registered
      10-Jan-2005       10-Jun-2005    10-Jan-2015
Class(es):    35 Int., 41 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 35:            
   PUBLICITY; MANAGEMENT OF COMMERCIAL MATTER; PROMOTION   
   CLASS 41:   
   ORGANISATION OF SPORT-LOVING AND RECREATIONAL EVENTS AND ACTIVITIES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 6

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA DEMAND MORE FROM YOUR BANANA & DESIGN

   C3275    1059281       759235    Registered
      20-Jul-2004       10-Jan-2005    20-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-315

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BANANAS            

CHIQUITA JR.

   C1144    786923       520930    Registered
      07-Oct-1992       07-Oct-1992    07-Oct-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit            

CHIQUITA JR. and Design

   C1145    784254       521834    Registered
      10-Aug-1992       10-Aug-1992    10-Aug-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-73

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables, namely bananas         


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 7

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA JR. and Design

   C2639    848924       571528    Registered
      29-May-1995       29-May-1995    29-May-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-73

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables, namely bananas         

CHIQUITA PARTNERS IN KWALITEIT

   C3277    1069329       767993    Registered
      11-Jan-2005       10-Jun-2005    11-Jan-2015
Class(es):    31 Int., 35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-310

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 31: FRESH POTATOES AND VEGETABLES; FRESH FRUIT; GRAINS AND UNMANUFACTURED PULSES.
   CLASS 35: RETAIL TRADE SERVICES WITH REGARD TO VEGETABLE AND FRUIT; ADVERTISING; MANAGEMENT OF COMMERCIAL BUSINESS; ADMINISTRATIVE SERVICES IN BOX OF FRAME AND CLOSING OF FRANCHISE AGREEMENT; ASSISTANCE REGARDING COMMERCIAL ACCOUNTING OF BUSINESS IN FRAME OF FRANCHISING

CHIQUITA POPS with OVAL DEVICE

   C2543    685856       424882    Registered
      04-Aug-1986       04-Aug-1986    04-Aug-2016
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-82

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    29: Dried and cooked fruits and vegetables; jellies and jams. 30: Confections, edible ices and ice cream. 31: Fresh fruit and vegetables.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 8

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. LA PLUS BANANE DES BANANES

   C3274    1010027       713124    Registered
      24-Apr-2002       01-Dec-2002    24-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-312

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BANANAS            

CHIQUITA. POUR UNE BANANE ENCORE MEILLEURE

   C3329    1085238       782931    Registered
      13-Sep-2005       07-Feb-2006    13-Sep-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-311

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   BANANAS            

CONSUL

   C1090    625873       352970    Registered
      01-Sep-1978       01-Sep-1978    01-Sep-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables.            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 9

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C2569    724391       456859    Registered
      24-Jan-1989       24-Jan-1989    24-Jan-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.    Agent Ref:    9382 BX JE/CEI   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Fresh fruit and vegetables            

CONSUL & Design in color

   C1123    725741       457551    Registered
      27-Feb-1989       27-Feb-1989    27-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.       Agent Ref:    9384 BX JE/CEI   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Fresh fruit and vegetables            

FRUPAC & DEVICE

   C1120    61118       440191    Registered
      23-Dec-1987       23-Dec-1987    23-Dec-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Preserved, dried or cooked fruit (29); fresh fruit (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 10

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FUNKY ACE

   C3328    1069269       767966    Registered
      10-Jan-2005       10-Jun-2005    10-Jan-2015
Class(es):    35 Int., 41 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-314

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    CLASS 35:            
   PUBLICITY; MANAGEMENT OF COMMERCIAL MATTER; PROMOTION
   CLASS 41:            
   ORGANISATION OF SPORT-LOVING AND RECREATIONAL EVENTS AND ACTIVITIES

GREEN VALLEY

   C1641    200102       200102    Registered
      19-May-1999       19-May-1999    19-May-2009
Class(es):    35 Int.,       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-141

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

JUST FRUIT IN A BOTTLE (BOTTLE DESIGN - MANGO/PASSIONFRUIT)

   C3265    1109956       801517    Registered
      18-Apr-2006       06-Jul-2006    18-Apr-2016
Class(es):    32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T52388BX00/JE/cei

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-284

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 32 Int.            
   Fruit juice            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 11

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

JUST FRUIT IN A BOTTLE (BOTTLE DESIGN - BANANA/PINEAPPLE)

   C3266    1109954       801516    Registered
      18-Apr-2006       06-Jul-2006    18-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T52389BX00/JE/cei

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-285

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 32 Int.            
   Fruit juice            

JUST FRUIT IN A BOTTLE (BOTTLE DESIGN - BANANA/STRAWBERRY)

   C3267    1109953       801515    Registered
      18-Apr-2006       06-Jul-2006    18-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T52390BX00/JE/cei

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-286

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 32 Int.            
   Fruit juice            

NATUURLIJK CHIQUITA

   C3273    862285       588513    Registered
      22-Dec-1995       01-Dec-1996    22-Dec-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T51685BX00/JE/cei

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-309

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 31 Int.            
   FRESH BANANAS AND OTHER FRESH FRUITS   


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 12

Country: Benelux

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

Oval Design with CHIQUITA word

   C1415    917024       644553    Renewed
      29-May-1998       29-May-1998    29-May-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Knijff & Partners       Agent Ref:   

70417/TM36315

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-172

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class Heading for International Class 30         

THE MOST BANANA OF THEM ALL

   C3330    1002886       706001    Registered
      21-Dec-2001       01-Sep-2002    21-Dec-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-313

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class : 31 Int.            
   BANANAS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Bolivia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1265    17682       74133-C    Registered
      04-Dec-1997    07-Dec-1998    11-Aug-1999    11-Aug-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bolet & Terrero       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA & Design (‘86 version)

   C1287    17681       74136-C    Registered
      04-Dec-1997    07-Dec-1998    11-Aug-1999    11-Aug-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bolet & Terrero       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes, live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Bosnia and Herzegovina

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C428    Z153A       Z153    Registered
      05-Sep-1995       18-Jan-2001    05-Sep-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C723    BAZ971789       BAZ971789    Registered
      10-Dec-2002       10-Dec-2002    30-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT

CHIQUITA

   C449    Z152A       Z152    Registered
      05-Sep-1995       06-Dec-2000    05-Sep-2015
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES
   CLASS 30: FLOUR, PREPARATIONS MADE FROM CEREALS, BREAD, BISCUITS, COOKIES, PASTRY, CONFECTIONERY, ICE
   CLASS 31: FRESH FRUITS AND VEGETABLES
   CLASS 32: NON ALCOHOLIC DRINKS


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Bosnia and Herzegovina

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C429    Z177A       Z177    Registered
      15-Sep-1995       24-Apr-2000    15-Sep-2015
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES
   CLASS 30: FLOUR, PREPARATIONS MADE FROM CEREALS; BREAD, BISCUITS AND CAKES; PASTRY AND CONFECTIONERY, ICES
   CLASS 31: FRESH FRUITS AND VEGETABLES
   CLASS 32: BEVERAGES            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Brazil

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & Design

   C3164             Unfiled
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DANIEL ADVOGADOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES            

FRUPAC & Device

   C2749    817027610       817027610    Registered
      30-Dec-1992       07-Jun-1994    06-Jun-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DANIEL ADVOGADOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PRESERVED, DRIED AND COOKED VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Bulgaria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1075    30252       27172    Registered
      20-Mar-1995       19-Jan-1996    20-Mar-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C724    38234       32827    Registered
      03-May-1997       12-Mar-1998    03-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL AND HORTICULTURAL PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; FRESH FRUITS AND VEGETABLES; SEEDS; NATURAL PLANTS AND FLOWERS

CHICO IN OVAL IN COLOR

   C2299          15554    Registered
            26-Sep-1985    26-Sep-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31            


 

Tuesday, March 25, 2008

  Trademark List by Country  

Page: 2

Country: Bulgaria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1166          6096    Registered
            23-Apr-1988    23-Apr-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    International Cl. Heading            

CHIQUITA

   C2429    35475       30563    Registered
      20-Jun-1996       13-May-1997    20-Jun-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in International Class 32

CHIQUITA & Design (‘86 version)

   C1043    20985       21116    Registered
      04-Aug-1992       26-Jul-1993    04-Aug-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 29: CANNED, DRIED AND STEWED FRUITS AND VEGETABLES
   CLASS 31: FRESH FRUITS AND VEGETABLES
   CLASS 32: FRUIT BEVERAGES AND FRUIT SYRUPS, SOFT DRINKS, SYRUPS AND PREPARATIONS FOR THEIR PROCESSING


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Canada

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

ALWAYS FRESH. ALWAYS CHIQUITA.

   C1456    1004104       556856    Registered
      03-Feb-1999    24-Nov-1999    25-Jan-2002    25-Jan-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-6

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

AMIGO

   C2036    846008       526986    Registered
      23-May-1997       25-Apr-2000    25-Apr-2015
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

AMIGO

   C316    333666       187221    Registered
      05-Jun-1970       15-Dec-1972    15-Dec-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH BANANAS            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO & DESIGN

   C317    334559       187223    Registered
      09-Jul-1970       15-Dec-1972    15-Dec-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH BANANAS            

AMIGO & Design (‘92 version)

   C573    845973       526895    Registered
      23-May-1997    19-Nov-1997    20-Apr-2000    20-Apr-2015
Class(es):          Attorney(s):   

CLR     CCG

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

BANANA & Design

   C2862    262755       124563    Registered
      05-May-1961       01-Dec-1961    01-Dec-2021
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

7820-8 

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

BIG KICK BERRY

   C2565    749578       444702    Registered
      15-Mar-1994       30-June-1995    30-June-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-23

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices            

CALYPSO BREEZE

   C399    774611       511336    Registered
      02-Feb-1995       29-Apr-1999    29-Apr-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-29

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages, namely blended fruit juice drinks         

CARIBBEAN SPLASH

   C2892    773878       458001    Registered
      25-Jan-1995       24-May-1996    24-May-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-29

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages, namely blended fruit juice drinks         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO

   C541    846007       526985    Registered
      23-May-1997    08-Apr-1998    25-Apr-2000    25-Apr-2015
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits            

CHICO & Design (‘01 version)

   C1637    1092402       604198    Registered
      12-Feb-2001    23-Oct-2002    04-Mar-2004    04-Mar-2019
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-40

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO & OVAL Design

   C2877    645715       388622    Registered
      28-Nov-1989       06-Sep-1991    06-Sep-2021
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-39

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL IN COLOR

   C1254    548396       318702    Registered
      29-Aug-1985       19-Sep-1986    19-Sep-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit            

CHIQUITA

   C2963    877736       544200    Registered
      08-May-1998    02-Jun-1999    27-Apr-2001    27-Apr-2016
Class(es):    28 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    HOLIDAY ORNAMENTS NAMELY CHRISTMAS ORNAMENTS, ORNAMENTAL BOXES, GLASS BALLS AND MOLDED BALLS

CHIQUITA

   C679    829444       516503    Registered
      20-Nov-1996       20-Sep-1999    20-Sep-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Candy            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 6

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2564    749610       444056    Registered
      15-Mar-1994       16-Jun-1995    16-Jun-2010
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit cups            

CHIQUITA

   C1452    1001837       555898    Registered
      12-Jan-1999    20-Oct-1999    02-Jan-2002    02-Jan-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Cookies            

CHIQUITA

   C1600    1056536       580791    Registered
      26-Apr-2000       06-May-2003    06-May-2018
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 7

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C481    809268       511076    Registered
      09-Apr-1996    05-Mar-1997    26-Apr-1999    26-Apr-2014
Class(es):          Attorney(s):   

CLR     CCG

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages namely, fruit juices, fruit drinks, ready-to-drink teas, and juice concentrates

CHIQUITA

   C2878    582768       388834    Registered
      23-Apr-1987       13-Sep-1991    13-Sep-2021
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Frozen desserts sold in the form of bars and in tub containers, namely ice cream, ice cream and fruit mixture; frozen fruit juice desserts.
   - Fresh fruit juices, frozen fruit juices.

CHIQUITA

   C2894    199307       30205    Registered
      08-May-1948       08-May-1948    08-May-2008
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 8

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2956    877738       544150    Registered
      08-May-1998    25-Nov-1998    26-Apr-2001    26-Apr-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables.

CHIQUITA

   C2863    262757       124564    Registered
      05-May-1961       01-Dec-1961    01-Dec-2021
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas - Cake mixes and frosting mixes - muffin mixes - and fresh vegetables.

CHIQUITA

   C3153    1206818       642351    Registered
      12-Feb-2004    01-Sep-2004    17-Jun-2005    17-Jun-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BREAKFAST CEREALS            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 9

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C788    860713       499243    Registered
      06-Nov-1997    22-Apr-1998    25-Aug-1998    25-Aug-2013
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA & Design (‘86 version)

   C2957    877737       544201    Registered
      08-May-1998    25-Nov-1998    27-Apr-2001    27-Apr-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables

CHIQUITA & Design (‘86 version)

   C1257    569398       333401    Registered
      16-Sep-1986       23-Oct-1987    23-Oct-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas; fresh vegetables; desserts, namely preserved fruits, jellies and puddings; frozen desserts, namely frozen fruits and juice bars, frozen fruit and cream bars, frozen fruit, milk and cream bars; pineapples, melons, (honeydew, cantaloupes), citrus (grapefruits & oranges) and mangoes; banana puree products, processed pineapple products (all these are canned)


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 10

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C680    829445       516502    Registered
      20-Nov-1996       20-Sep-1999    20-Sep-2014
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Candy            

CHIQUITA & Design (‘86 version)

   C1453    1001836       555914    Registered
      12-Jan-1999    03-Nov-1999    02-Jan-2002    02-Jan-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Cookies            

CHIQUITA & Design (‘86 Version)

   C789    860714       499242    Registered
      06-Nov-1997    22-Apr-1998    25-Aug-1998    25-Aug-2013
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 11

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1392    877735       544199    Registered
      08-May-1998    02-Jun-1999    27-Apr-2001    27-Apr-2016
Class(es):    28 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Christmas ornaments, ornamental boxes, glass balls and molded balls

CHIQUITA & Design (‘86 version)

   C482    809267       510752    Registered
      09-Apr-1996       13-Apr-1999    13-Apr-2014
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages namely, fruit juices, fruit drinks, ready-to-drink teas, and juice concentrates

CHIQUITA & Design (‘86 version)

   C2883    738765       444960    Registered
      12-Oct-1993       07-Jul-1995    07-Jul-2010
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juice            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 12

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1599    1056537       580789    Registered
      26-Apr-2000       06-May-2003    06-May-2018
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA & Design (‘86 version)

   C3154    1206817       642353    Registered
      12-Feb-2004    01-Sep-2004    17-Jun-2005    17-Jun-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BREAKFAST CEREALS

CHIQUITA & Design (‘94 version)

   C457    761001       488483    Registered
      08-Aug-1994       28-Jan-1998    28-Jan-2013
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Gowlings       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BEVERAGE GOODS: NON-ALCOHOLIC BEVERAGES, NAMELY FRUIT JUICES, FRUIT DRINKS, READY-TO-DRINK TEAS AND JUICE CONCENTRATES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 13

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (Horizontal)

   C2872    572033       337959    Registered
      31-Oct-1986       11-Mar-1988    11-Mar-2018
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-51

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

CHIQUITA & Design (Old version in green)

   C2869    280789       136877    Registered
      28-Feb-1964       07-Aug-1964    07-Aug-2009
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-53

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

CHIQUITA & Design (Old version red)

   C2868    280788       136876    Registered
      28-Feb-1964       07-Aug-1964    07-Aug-2009
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-54

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas


 

 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 14

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (Old version in yellow)

   C2867    280787       136875    Registered
      28-Feb-1964       07-Aug-1964    07-Aug-2009
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-55

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

CHIQUITA BANANA & Dancing Mexican Banana

   C2864    262756       124953    Registered
      05-May-1961       12-Jan-1962    12-Jan-2022
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

CHIQUITA

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

CHIQUITA BANANA BRANDS & Design

   C2866    280298       136872    Registered
      04-Feb-1964       07-Aug-1964    07-Aug-2009
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-52

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas


 

 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 15

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BRAND BANANAS & OVAL DESIGN

   C2865    273940       132884    Registered
      12-Feb-1963       27-Sep-1963    27-Sep-2008
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-52

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

CHIQUITA FRESH AND READY

   C4015    1298692       696610    Registered
      21-Apr-2006    11-Apr-2007    17-Sep-2007    17-Sep-2022
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-288

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS

CHIQUITA FRESH CUT FRUIT & DESIGN

   C3106    1185279       630610    Registered
      22-Jul-2003    30-Jun-2004    19-Jan-2005    19-Jan-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-253

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES


 

 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 16

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA JR.

   C2882    710586       434660    Registered
      07-Aug-1992       21-Oct-1994    21-Oct-2009
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit

CHIQUITA JR. & DESIGN (NEW)

   C2888    811662       473987    Registered
      03-May-1996       27-Mar-1997    27-Mar-2012
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-74

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit

CHIQUITA KIDS

   C1526    1029842    93    568088    Registered
      23-Sep-1999    14-Feb-2001    26-Sep-2002    26-Sep-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-77

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Providing access via a world-wide computer network to a database featuring information on a wide variety of topics


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 17

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA MINI’S

   C3179    1225454       696623    Registered
      22-Jul-2004    20-Dec-2006    17-Sep-2007    17-Sep-2022
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, L.L.C.       Client Ref:   

30186-260

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

CHIQUITA POPS

   C1255    556045       326225    Registered
      23-Jan-1986       10-Apr-1987    10-Apr-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-81

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Frozen desserts, namely, frozen fruit and juice bars, frozen fruit and cream bars, frozen fruit, milk and cream bars.

CHIQUITA SOLUTIONS

   C1441    894639       552390    Registered
      28-Oct-1998    03-Nov-1999    15-Oct-2001    15-Oct-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-86

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Produce handling, transportation by boat, truck and rail, inventory and ripening services performed for others.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 18

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA TO GO

   C4044    1364940          Pending
      24-Sep-2007         
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    RBS LAWYERS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-264

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

20-Oct-2006

  
Goods:    FRESH FRUITS AND FRESH VEGETABLES

CHIQUITA TROPICALS

   C2584    805860       472623    Registered
      01-Mar-1996       13-Mar-1997    13-Mar-2012
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-88

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages namely non-alcoholic fruit drinks

CHIQUITA W/ LADY IN OVAL DESIGN

   C3107    1185280       629357    Registered
      22-Jul-2003    02-Jun-2004    05-Jan-2005    05-Jan-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-254

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES


 

 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 19

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. EVERYTHING ELSE IS JUST A BANANA.

   C1528    1029752       628377    Registered
      22-Sep-1999    14-Feb-2001    14-Dec-2004    14-Dec-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-255

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA. PARFAITS POUR LA VIE.

   C1703    1135424       642352    Registered
      26-Mar-2002    12-Feb-2003    17-Jun-2005    17-Jun-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-98

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

22-Apr-2002

  
Goods:    Fresh fruits and vegetables

CHIQUITA. PERFECT FOR LIFE.

   C1674    1106594       628378    Registered
      15-Jun-2001    29-Jan-2003    14-Dec-2004    14-Dec-2019
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-99

  
Owner:    Chiquita Brands, Inc.       First Use Date:   

22-Apr-2002

  
Goods:    Fresh fruit and vegetables


 

 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 20

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. YOUR BANANA SOLUTION.

   C1440    894640       552391    Registered
      28-Oct-1998    03-Nov-1999    15-Oct-2001    15-Oct-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-102

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Produce handling, transportation by boat, truck and rail, inventory and ripening services performed for others

CHIQUITA. YOUR PRODUCE SOLUTION.

   C1439    894641       552392    Registered
      28-Oct-1998    03-Nov-1999    15-Oct-2001    15-Oct-2016
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-103

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Produce handling, transportation by boat, truck and rail, inventory and ripening services performed for others

CHIQUITA-TIZE

   C1457    1004107       556857    Registered
      03-Feb-1999    03-Nov-1999    25-Jan-2002    25-Jan-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-92

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 21

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA-TIZE YOUR WORLD

   C1464    1005923       556860    Registered
      19-Feb-1999    20-Oct-1999    25-Jan-2002    25-Jan-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-93

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CONSUL

   C2875    632107       388558    Registered
      17-May-1989       06-Sep-1991    06-Sep-2021
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits.            

CONSUL & Design

   C2873    628015       388546    Registered
      22-Mar-1989       06-Sep-1991    06-Sep-2021
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits.            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 22

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

ENERGIZE. MAXIMIZE. CHIQUITA-TIZE

   C1458    1004106       557441    Registered
      03-Feb-1999    20-Oct-1999    05-Feb-2002    05-Feb-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-121

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

FLAVOR SAVOR

   C3121    1196832       694713    Registered
      13-Nov-2003    10-May-2006    24-Aug-2007    24-Aug-2022
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-256

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ICE CREAM, ICE MILK, FROZEN YOGURT; FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF PASTA OR RICE; CHEESE FLAVORED SNACKS; FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF CHEESE, MEAT AND/OR PROCESSED FRUIT; CHEESE, CHEESE SPREADS; MILK, MILK-BASED BEVERAGES, YOGURT AND YOGURT-BASED BEVERAGES

FLAVOR SAVOR

   C3120    1196727       694714    Registered
      13-Nov-2003    10-May-2006    24-Aug-2007    24-Aug-2022
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-256

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF MEAT, FISH, POULTRY, FRUITS AND/OR VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 23

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FLAVOR SAVOR

   C3119    1196726       694714    Registered
      13-Nov-2003    10-May-2006    24-Aug-2007    24-Aug-2022
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-256

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

FUNANAS

   C1725    1145210       626795    Registered
      27-Jun-2002    11-Jun-2003    26-Nov-2004    26-Nov-2019
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-132

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables; and processed fruit and vegetables

FUNKY FRUIT PUNCH

   C1121    749639       444057    Registered
      15-Mar-1994       16-Jun-1995    16-Jun-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-133

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 24

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

GO FOOD

   C1719    1143765       625591    Registered
      14-Jun-2002    31-Dec-2003    16-Nov-2004    16-Nov-2019
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-137

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables, processed fruit and vegetables

GO FRUIT

   C1718    1143766       629943    Registered
      14-Jun-2002    31-Dec-2003    11-Jan-2005    11-Jan-2020
Class(es):    24 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-138

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables, processed fruit and vegetables

JUICE BOOST

   C2891    751234       457754    Registered
      05-Apr-1994       24-May-1996    24-May-2011
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-150

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juice beverages            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 25

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

MISS C LOGO

   C310    1034597       568148    Registered
      02-Nov-1999       27-Sep-2002    27-Sep-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-161

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

ONLY THE BEST. ONLY CHIQUITA. EVERYDAY.

   C1438    894642       552603    Registered
      28-Oct-1998    01-Dec-1999    18-Oct-2001    18-Oct-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-167

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables.

ORANGE BANANA SUNRISE

   C2887    766175       462442    Registered
      11-Oct-1994       30-Aug-1996    30-Aug-2011
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-168

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Non-alcoholic fruit drinks


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 26

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

PEPE PAPAYA AND Design

   C2884    709823       450971    Registered
      27-Jul-1992       01-Dec-1995    01-Dec-2010
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-181

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit            

PERFECT FOR LIFE

   C1704    1140866       631335    Registered
      15-May-2002    17-Mar-2004    27-Jan-2005    27-Jan-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-182

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

QUITE POSSIBLY THE WORLD’S PERFECT FOOD

   C2885    751235       460435    Registered
      05-Apr-1994       26-Jul-1996    26-Jul-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 27

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

START FRESH WITH CHIQUITA

   C1506    1024551    104105    566129    Registered
      03-Aug-1999    13-Dec-2000    21-Aug-2002    21-Aug-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-210

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Point of sale displays for fresh fruits and vegetables

THE GRAB ‘N GO FRUIT

   C1610    1060347    Page 86    647438    Registered
      24-May-2000    23-Jan-2002    07-Sep-2005    07-Sep-2020
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-227

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables

THE PERFECT FAST FOOD

   C1706    1140193       647413    Registered
      08-May-2002    17-Dec-2003    07-Sep-2005    07-Sep-2020
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-230

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 28

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

TROPICAL PARADISE

   C2890    749638       457743    Registered
      15-Mar-1994       24-May-1996    24-May-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-234

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices            

TROPICALS Black & White Design

   C2991    882822       515318    Registered
      29-Jun-1998       25-Aug-1999    25-Aug-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-235

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juice and frozen juice concentrate

TROPICALS Color Design

   C1418    882821       523111    Registered
      29-Jun-1998    18-Aug-1999    15-Feb-2000    15-Feb-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Borden Ladner Gervais LLP       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-236

  
Owner:    Chiquita Brands, Inc.       First Use Date:   

14-Apr-1998

  
Goods:    Fruit juices and frozen juice concentrate


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 29

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

WHEN A LITTLE IS EXACTLY ENOUGH

   C2886    775324       461646    Registered
      13-Feb-1995       23-Aug-1996    23-Aug-2011
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-244

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

WILD BERRY SPLASH

   C526    832599       502687    Registered
      05-Nov-1996    29-Oct-1997    22-Oct-1998    22-Oct-2013
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Richards Buell Sutton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-246

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices

WOMAN & Design

   C2895    199308       UCA30206    Registered
      08-May-1948       08-May-1948    08-May-2008
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-247

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Bananas


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Cape Verde

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA & Design (‘86 version)

   C1488             Pending
      25-Jun-1999         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.G. Da Cunha Ferreira, Lda.       Agent Ref:   

ZN.565 (LS)

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit and vegetable juices and drinks


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2805    95061787       954029    Registered
      22-May-1995       28-Feb-1997    27-Feb-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    MINERAL AERATED WATERS; FRUIT DRINKS; FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES; NON-ALCOHOLIC DRINKS; BEERS

CHIQUITA

   C4039    6039504          Pending
      08-May-2007         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

107199

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.         
   RESTAURANT SERVICES; CATERING; BARS; CAFÉ; TOURIST HOMES; RETIREMENT HOMES; DAY-NURSERIES; BOARDING FOR ANIMALS; RENTAL OF CHAIRS, TABLES, TABLE LINEN; GLASSWARE

CHIQUITA

   C2796    95061788       943348    Registered
      22-May-1995       07-Feb-1997    06-Feb-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FOODSTUFFS FOR ANIMALS; MALT; FRESH FRUITS; FRESH VEGETABLES; LIVING ANIMALS; SEEDS; NATURAL FLOWERS; NATURAL PLANTS


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2811    95061789       962334    Registered
      22-May-1995       14-Mar-1997    13-Mar-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in International Class 30            

CHIQUITA

   C2803    95061790       951368    Registered
      22-May-1995       21-Feb-1997    20-Feb-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    POULTRY; GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES; JAMS; EGGS; MILK; MILK PRODUCTS; EDIBLE OILS; EDIBLE FATS; SALAD DRESSINGS; PRESERVES; MEAT; FISH

CHIQUITA & Design (‘86 version)

   C2797    95061792       943349    Registered
      22-May-1995       07-Feb-1997    06-Feb-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    MALT; FRESH FRUITS; FRESH VEGETABLES; LIVING ANIMALS; SEEDS; NATURAL FLOWERS; NATURAL PLANTS; FOODSTUFFS FOR ANIMALS


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

Chiquita & Design (‘86 version)

   C4040    6039505          Pending
      08-May-2007         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:   

107205

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.         
   RESTAURANT SERVICES; CATERING; BARS; CAFÉ; TOURIST HOMES; RETIREMENT HOMES; DAY-NURSERIES; BOARDING FOR ANIMALS; RENTAL OF CHAIRS, TABLES, TABLE LINEN; GLASSWARE.

CHIQUITA & Design (‘86 version)

   C2810    95061793       962333    Registered
      22-May-1995       14-Mar-1997    13-Mar-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      
Goods:    All goods in International Class 30            

CHIQUITA & Design (‘86 version)

   C2802    95061794       951361    Registered
      22-May-1995       21-Feb-1997    20-Feb-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DEACONS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brand L.L.C.       First Use Date:      
Goods:    POULTRY; MILK PRODUCTS; EDIBLE OILS; EDIBLE FATS; SALAD DRESSINGS; PRESERVES; MEAT; GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES; JAMS; EGGS; MILK, FISH


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86) Version)

   C1239    95061791       954030    Registered
      22-May-1995       28-Feb-1997    27-Feb-2017
Class(es):    32 Int.       Attorney(s):      
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    MINERAL AND AERATED WATERS: FRUIT DRINKS; FRUIT JUICES; PREPARATIONS FOR MAKING BEVERAGES; NON- ALCOHOLIC DRINKS; BEERS.

CHIQUITA & Design (‘94) version)

   C1314    9800010706       1289565    Registered
      09-Feb-1998    28-Mar-1999    28-Jun-1999    27-Jun-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:   

9368681

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    beer; non-alcoholic drinks; mineral water (beverages); aerated water; fruit juices; fruit based beverages; vegetable juices (beverages); tea (beverages); whey beverages; solid drinks; preparations for beverages

CHIQUITA & DESIGN IN BLACK & WHITE (& CHINESE CHARACTERS)

   C3523   

6374418

12-Nov-2007

         Pending
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DEACONS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   Frozen fruits and vegetables; bagged salads; vegetable salads; fruit salads; soups; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; preserved, dried fruits and products; tinned fruits; tinned vegetables; dried mushrooms; jellies; jams; eggs; milk and milk products; edible oils and fats; salad dressings; preserves; food products made from fish; prepared nuts; dried fungus; albumen for food


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: China (Peoples Republic)

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & DESIGN IN BLACK & WHITE (& CHINESE CHARACTERS)

   C3524    6374417          Pending
      12-Nov-2007         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 30 Int.            
   Crepes (pastry); pancakes; sandwiches; specialty teas; teas; fresh ready to cook meals consisting of vegetables and or meat (convenient food products); cartoned meals; coffee; sugar; confectionery; honey; bread; dumplings; cereal preparations; noodles; popcorn; soya juice; starch for food; edible ices; cooking salt; soya sauce; flavorings for cakes (other than essential oils); leaven; essences for foodstuffs (except etheric essences and essential oils); preparations for stiffening whipped cream.

CHIQUITA & DESIGN IN BLACK & WHITE (& CHINESE CHARACTERS)

   C3525    6374416          Pending
      12-Nov-2007         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class 31 Int.            
   Fresh fruits; fresh vegetables; living animals; plant seeds; natural flowers; natural plants; food stuffs for animals; malt; unprocessed timber; unprocessed beans; products for animal litter


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 6

Country: China (Peoples Republic)

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & DESIGN IN BLACK & WHITE (& CHINESE CHARACTERS)

   C3526    6374415          Pending
      12-Nov-2007         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 32 Int.            
   Fruit juices; fruit drinks; beers; non-alcoholic drinks; mineral water (beverages); aerated water; fruit based beverages; vegetable juices (beverages); teas (beverages); whey beverages; solid drinks; preparations for beverages; fruit and or vegetable smoothies (non-alcoholic drinks)

CHIQUITA & DESIGN IN BLACK & WHITE (& CHINESE CHARACTERS)

   C3527    6374414          Pending
      12-Nov-2007         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.            
   Restaurant services; catering; bars; café; tourist homes; retirement homes; day-nurseries; boarding for animals; rental of chairs, tables, table linen, glassware


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 7

Country: China (Peoples Republic)

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & DESIGN IN COLOR (& CHINESE CHARACTERS)

   C3531    6376361          Pending
      13-Nov-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   Frozen fruits and vegetables; bagged salads; vegetable salads; fruit salads; soups; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; preserved, dried fruits and products; tinned fruits; tinned vegetables; dried mushrooms; jellies; jams; eggs, milk and milk products; edible oils and fats; salad dressings; preserves; food products made from fish; prepared nuts; dried fungus; albumen for food

CHIQUITA & DESIGN IN COLOR (& CHINESE CHARACTERS)

   C3528    6376357          Pending
      13-Nov-2007         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.            
   Restaurant services; catering; bars; café; tourist homes; retirement homes; day-nurseries; boarding for animals; rental of chairs, tables, table linen, glassware


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 8

Country: China (Peoples Republic)

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & DESIGN IN COLOR (& CHINESE CHARACTERS)

   C3530    6376359          Pending
      13-Nov-2007         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   Fresh fruits; fresh vegetables; living animals; plant seeds; natural flowers; natural plants; food stuffs for animals; malt; unprocessed timber; unprocessed beans; products for animal litter

CHIQUITA & DESIGN IN COLOR (& CHINESE CHARACTERS)

   C3532    6376360          Pending
      13-Nov-2007         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 30 Int.            
   Crepes (pastry); pancakes; sandwiches; specialty teas; teas; fresh ready to cook meals consisting of vegetables and or meat (convenient food products); cartoned meals; coffee; sugar; confectionery; honey; bread; dumplings; cereal preparations; noodles; popcorn; soya juice; starch for food; edible ices; cooking salt; soya sauce; flavorings for cakes (other than essential oils); leaven; essences for foodstuffs (except etheric essences and essential oils); preparations for stiffening whipped cream


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 9

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & DESIGN IN COLOR (& CHINESE CHARACTERS)

   C3529    6376358          Pending
      13-Nov-2007         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 32 Int.            
   Fruit juices; fruit drinks; beers; non-alcoholic drinks; mineral water (beverages); aerated water; fruit based beverages; vegetable juices (beverages); teas (beverages); whey beverages; solid drinks; preparations for beverages; fruit and or vegetable smoothies (non-alcoholic drinks)

CHIQUITA (In Chinese Characters)

   C1268    9700126927       1245793    Registered
      28-Nov-1997       07-Feb-1999    06-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-57

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh vegetables; fresh fruits            

CHIQUITA (in Mandarin characters)

   C2804    95061795       951377    Registered
      22-May-1995       21-Feb-1997    20-Feb-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-59

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    POULTRY; GAME; MEAT EXTRACTS; DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES; JAMS; EGGS; MILK; MILK PRODUCTS; EDIBLE OILS; EDIBLE FATS; SALAD; PRESERVES; MEAT; FISH


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 10

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA (in Mandarin characters)

   C2798    95061797       943350    Registered
      22-May-1995       07-Feb-1997    06-Feb-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-59

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    LIVING ANIMALS; SEEDS; NATURAL FLOWERS; NATURAL PLANTS; FOODSTUFFS FOR ANIMALS; MALT; FRESH FRUITS; FRESH VEGETABLES

CHIQUITA (in Mandarin characters)

   C2806    95061798       954031    Registered
      22-May-1995       28-Feb-1997    27-Feb-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30786-59

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    MINERAL AND AEARATED WATERS; FRUIT DRINKS; FRUIT JUICES; PREPARATIONS FOR MAKING BEVERAGES; NON-ALCOHOLIC DRINKS; BEERS

CHIQUITA CAFÉ & SIMPLIFIED CHINESE CHARACTERS & DESIGN (COLOR)

   C3539             Pending
      14-Jan-2008         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:   

112488

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-334

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.            
   RESTAURANT SERVICES; CATERING; BARS; CAFÉ; TOURIST HOMES; RETIREMENT HOMES; DAY-NURSERIES; BOARDING FOR ANIMALS; RENTAL OF CHAIRS, TABLES, TABLE LINEN, GLASSWARE


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 11

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA in Simplified Chinese Characters (“Ji Ji Da”)

   C4052             Pending
      31-Jan-2008         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:   

113179

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.            
   RESTAURANT SERVICES; CATERING; BARS; CAFÉ; TOURIST HOMES; RETIREMENT HOMES; DAY-NURSERIES; BOARDING FOR ANIMALS; RENTAL OF CHAIRS, TABLES, TABLE LINEN, GLASSWARE

CHIQUITA in Simplified Chinese Characters (“Jin Ji Da”)

   C4053             Pending
      31-Jan-2008         
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:   

113177

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.            
   RESTAURANT SERVICES; CATERING; BARS; CAFÉ; TOURIST HOMES; RETIREMENT HOMES; DAY-NURSERIES; BOARDING FOR ANIMALS; RENTAL OF CHAIRS, TABLES, TABLE LINEN, GLASSWARE


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Chile

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1087    123665       539518    Registered
      22-Dec-1988       24-Apr-1989    24-Apr-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Estudio Arturo Alessandri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in the class with the exception of seeds

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1085    219895       541388    Registered
      12-Jan-1989       30-Mar-1989    30-Mar-2009
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Estudio Arturo Alessandri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 29: TUBERCLES, BULBS, CEREALS, GRAINS, FRUITS, LEGUMES, MUSHROOMS, SEAWEED, AND VEGETABLE PRODUCTS, DRIED AND PRESSED COMESTIBLES
   CLASS 30: FLOUR, STARCHES, TOASTED AND COOKED CEREALS, GROUND OR CRUSHED IN ANY SIMILAR FORM OF ELABORATION, NOODLES, BREAD AND ANALOGY PASTRY

CHIQUITA

   C1088    123666       541395    Registered
      22-Dec-1988       19-May-1989    19-May-2009
Class(es):    29 Int., 30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Estudio Arturo Alessandri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASSES 29, 30, AND 32.         

CHIQUITA

   C858    380817       505631    Registered
      18-Jun-1997       27-Feb-1998    27-Feb-2018
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soc. Estudio Harnecker Ltda.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Services of imports, exports, representation and marketing of products in Classes 29, 30 and 31; all involving the agricultural sector


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Chile

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C832    380818       505632    Registered
      18-Jun-1997       27-Feb-1998    27-Feb-2018
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soc. Estudio Harnecker Ltda.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA & Design (‘86 version)

   C1086    123664       539619    Registered
      22-Dec-1988       24-Apr-1989    24-Apr-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Estudio Arturo Alessandri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in the class with the exception of seeds

CHIQUITA & Design (‘86 version)

   C1089    123667       541396    Registered
      22-Dec-1988       19-May-1989    19-May-2009
Class(es):    29 Int., 30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Estudio Arturo Alessandri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA & Design (‘86 version)

   C768    380819       505633    Registered
      18-Jun-1997       27-Feb-1998    27-Feb-2018
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soc. Estudio Harnecker Ltda.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Services of imports, exports, representation and marketing of products in Classes 29, 30 and 31; all involving the agricultural sector


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Chile

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C866    380820    505634       Registered
      18-Jun-1997       27-Feb-1998    27-Feb-2018
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soc. Estudio Harnecker Ltda.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA FRUPAC

   C367    251053       493200    Registered
      27-Aug-1993       12-Sep-1997    12-Sep-2017
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ALESSANDRI & COMPANIA    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-68

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Import and export of products in Intl. 29, 30 & 31 and representation services for products in Intl. 29, 30 & 31

CHIQUITA FRUPAC

   C382    251052       493201    Registered
      27-Aug-1993       12-Sep-1997    12-Sep-2017
Class(es):    16 Int., 29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ALESSANDRI & COMPANIA    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-68

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Class 31 except “seeds”; Import & export of products in Intl. 29, 30 & 31; representation services for products in Intl. 29, 30 & 31; Dried, preserved & cooked fruits and vegetables; Written material and all other products.

CHIQUITA FRUPAC logo

   C1902    251055       493199    Registered
      27-Aug-1993       12-Sep-1997    12-Sep-2017
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soc. Estudio Harnecker Ltda.       Client Ref:   

7820-1 

  
Client:    CHIQUITA BRANDS, INC.       Agent Ref:      
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Import and export of products in Intl. 29, 30 & 31 and representation services for products in Intl. 29, 30 & 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Chile

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA FRUPAC logo

   C384    251054       577434    Registered
      27-Aug-1993       25-Sep-2000    25-Sep-2010
Class(es):    16 Int., 29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

7820-1 

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Class 31 except “seeds”; Import & export of products in Intl. 29, 30 & 31 and representation services for products in Intl. 29, 30 & 31; Dried, preserved, cooked fruits and vegetables; Written material and all other products.

chiquita. cl

   C1270             Registered
      29-Sep-1998       29-Sep-1998    02-July-2008
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Soc. Estudio Harnecker Ltda.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-105

  
Owner:    EXPORTADORA CHIQUITA ENZA CHILE LIMETEDA.    First Use Date:      
Goods:    DOMAIN Name registration            

FRUPAC

   C1124    729045       763948    Registered
            20-Mar-1986    06-May-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ALESSANDRI & COMPANIA    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: Chile

   

 

Trademark    Case Number   

Application

Number/Date

   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC

   C3058    729044       764458    Registered
            20-Mar-1986    06-May-2016
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ALESSANDRI & COMPANIA    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    IMPORTATION, EXPORTATION AND REPRESENTATION ENTERPRISE OF PRODUCTS COMPREHENDED WITHIN INTERNATIONAL CLASSES 29, 30, 31 AND 35

FRUPAC & DEVICE

   C2574    736121       769795    Registered
            10-Apr-1986    11-Jul-2016
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ALESSANDRI & COMPANIA    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    IMPORT-EXPORT AND REPRESENTATION OF PRODUCTS IN CLASSES 29, 30 AND 31

FRUPAC & DEVICE

   C3059    746396       783877    Registered
            10-Apr-1986    01-Oct-2016
Class(es):    16 Int., 29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ALESSANDRI & COMPANIA    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 16: WRITTEN MATERIAL AND ALL OTHER PRODUCTS IN CLASS 16
   CLASS 29: PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES
   CLASS 31: ALL PRODUCTS IN CLASS 31 EXCEPT SEEDS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country: Colombia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C337    342954       224216    Registered
      21-Jun-1991       16-Feb-2000    16-Feb-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31            

AMIGO & Design (‘92 version)

   C2477    368432       183294    Registered
      28-Sep-1992       10-Aug-1995    10-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas            

BANAVAC

   C1705    02040954       267068    Registered
      14-May-2002    30-Oct-2002    02-May-2003    02-May-2013
Class(es):    16 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Parra, Rodriguez & Cavelier       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-20

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Packaging            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Colombia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL DESIGN

   C2317    320150       171493    Registered
      16-Apr-1990       30-Nov-1994    30-Nov-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C1585    30322       233284    Registered
      27-Apr-2000       13-Mar-2001    13-Mar-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:   

82.82.440

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Freight transportation by ship and truck         

CHIQUITA & Design (‘86 version)

   C752    97049915       213123    Registered
      28-Aug-1997    04-Nov-1997    28-Sept-1998    28-Sept-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Non-alcoholic beverages            

CHIQUITA

   C2699    372116       66344    Registered
            13-Dec-1982    13-Dec-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas & Derivatives            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country: Colombia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C740    9749557       220160    Registered
      27-Aug-1997    04-Nov-1997    17-Aug-1999    17-Aug-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Non-alcoholic beverages            

CHIQUITA & Design (‘86 version)

   C1586    30317    494    234017    Registered
      27-Apr-2000    24-Jul-2000    29-Mar-2001    29-Mar-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:   

82.441 

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Freight transportation by ship and truck         

CHIQUITA & Design (‘94 version)

   C742    9749914       220163    Registered
      28-Aug-1997    04-Nov-1997    17-Aug-1999    17-Aug-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages            

CHIQUITA & Design (‘86 version)

   C2053    97031258       205117    Registered
      05-Jun-1997       28-Jan-1998    28-Jan-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class Heading for Class 31            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country: Colombia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C2262    320278       142011    Registered
      18-Apr-1990       12-Jul-1993    12-Jul-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in class 31            

CONSUL & DESIGN IN COLOR

   C2264    320277       142596    Registered
      18-Apr-1990      

12-Jul-1993

   12-Jul-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in class 31            

FRUPAC & DEVICE

   C340    368769       221545    Registered
      05-Oct-1992       19-Aug-1999    19-Aug-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:    COL 129 op 31   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country: Colombia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET

   C1542    99051363       228886    Registered
      12-Aug-1999    27-Dec-1999    28-Jul-2000    28-Jul-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:   

80809  

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Freight transportation by ship and truck         

GREAT WHITE FLEET & Design

   C1541    99051667       228887    Registered
      13-Aug-1999    27-Dec-1999    28-Jul-2000    28-Jul-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:   

80810  

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Freight transportation by ship and truck         

MARITROP

   C3063          11862    Registered
            30-Mar-1998   
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Brigard & Castro       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-156

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C732          107582    Registered
      13-Nov-1997       18-May-1998    18-May-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ximena Soler       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Class 31            

AMIGO & Design (‘92 version)

   C2753          81983    Registered
      20-Aug-1992       19-Jan-1993    19-Jan-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO IN OVAL

   C1206          76102    Registered
            04-Jul-1991    04-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ladas & Ladas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1160          56577    Registered
            27-Nov-1979    27-Nov-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soler Cartin Garnier       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh bananas            

CHIQUITA

   C1205          75754    Registered
            05-Jun-1991    05-Jun-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Conserved dry and cooked fruits and vegetables, jelly, marmelades, edible oil and fat and pickled conserves.   

CHIQUITA

   C1598    3521-2000       123180    Registered
      05-May-2000    28-Jul-2000    05-Dec-2000    05-Dec-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Facio & Canas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    SERVICES OF CARGO; TRANSPORTATION BY SHIPS AND TRUCKS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C709          106608    Registered
      10-Apr-1997       25-Feb-1998    25-Feb-2018
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 30 Heading            

CHIQUITA

   C710          106607    Registered
      10-Apr-1997       25-Feb-1998    25-Feb-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 32 Heading            

CHIQUITA & Design (‘86 version)

   C1597    3522-2000       123179    Registered
      05-May-2000    28-Jul-2000    05-Dec-2000    05-Dec-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Facio & Canas       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    SERVICES OF CARGO; TRANSPORTATION BY SHIPS AND TRUCKS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2050          108257    Registered
      10-Apr-1997       02-Jul-1998    02-Jul-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ximena Soler       Client Ref:   

30186-49

  
Client:    CHIQUITA BRANDS, INC.       Agent Ref:      
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 31 Heading            

CHIQUITA & Design (‘86 version)

   C711          104377    Registered
      10-Apr-1997       23-Oct-1997    23-Oct-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 29 Heading            

CHIQUITA & Design (‘86 version)

   C712          106609    Registered
      10-Apr-1997       25-Feb-1998    25-Feb-2018
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ximena Soler       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 30 Heading            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C713          106606    Registered
      10-Apr-1997       25-Feb-1998    25-Feb-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ximena Soler       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 32 Heading            

CHIQUITA & DESIGN (‘94 VERSION)

   C3101    822-2003       142163    Registered
      07-Feb-2003       13-Oct-2003    13-Oct-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 32 Int.            
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

CHIQUITA. PERFECTA PARA LA VIDA.

   C3097    2003-2808       141621    Registered
      13-May-2003       29-Sep-2003    29-Sep-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-100

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS AND VEGETABLES         


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 6

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C1203    73426       73426    Registered
      29-Oct-1990       08-Mar-1994    29-Oct-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CONSUL & DESIGN IN COLOR

   C1618          74260    Registered
            30-Jan-1991    30-Jan-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soler Cartin Garnier       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruits and vegetables            

FRUPAC & DEVICE

   C2756    None       82837    Registered
      24-Nov-1992       03-Jun-1993    03-Jun-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 7

Country: Costa Rica

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET

   C1521          120284    Registered
      29-Oct-1999       08-Jun-2000    08-Jun-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soler Cartin Garnier       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         

GREAT WHITE FLEET & Design

   C1522          120812    Registered
      29-Oct-1999       26-Jun-2000    26-Jun-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Soler Cartin Garnier       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         

MARITROP

   C2992          108259    Registered
      08-Oct-1998       02-Jul-1998    02-Jul-2008
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Ximena Soler       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-156

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

MARITROP

   C1419          108258    Registered
      08-Jan-1998       02-Jul-1998    02-Jul-2008
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ximena Soler       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-156

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Croatia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C436    381-04/94-01       Z941547    Registered
      18-Jul-1994       10-Jun-1997    18-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES, AGRICULTURAL, GARDENING AND WOODLAND PRODUCTS AND GRAINS, WHICH ARE NOT INCLUDED IN OTHER CLASSES, LIVE ANIMALS, SEEDS, LIVE PLANTS AND REAL FLOWERS, ANIMAL FOOD, BREWER’S YEAST

AMIGO & Design (‘92 version)

   C725    381-04/97-01       Z970672    Registered
      02-May-1997       30-Mar-1998    02-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C491    381-04/96-01       Z960703    Registered
      13-Jun-1996       13-Oct-1997    13-Jun-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BEER, MINERAL AND SPARKLING WATERS, OTHER NON-ALCOHOLIC BEVERAGES, FRUIT DRINKS AND FRUIT JUICES, SYRUPS AND OTHER PREPARATIONS FOR MAKING OF BEVERAGES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Croatia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C992    381-04/92-02       Z920978    Registered
      03-Jul-1982       03-Jul-1982    03-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class 29: Foodstuffs encompassed by this class, processed bananas, canned fruits; Class 31: Fresh bananas; Class 32: Fruit juices

CHIQUITA & Design (‘86 version)

   C338    383-03/92-02       Z920566    Registered
      08-Sep-1992       24-Jan-1997    08-Sep-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    29: Canned, dried and cooked fruits and vegetables
   31: Fresh fruits and vegetables
   32: Fruit drinks and fruit juices, beverages, syrups and other components for preparation of beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Cyprus, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C430    41885       41885    Registered
      27-Jan-1995       02-Feb-1998    27-Jan-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba, Kypris & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C726    47881    3500    47881    Registered
      16-May-1997    18-May-2001    21-Sep-2001    16-May-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba, Kypris & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER GLASSES, LIVE ANIMALS, FRESH FRUITS AND VEGETABLES, SEEDS, NATURAL PLANTS AND FLOWERS, FOODSTUFFS FOR ANIMALS, MALT

CHIQUITA

   C1693          10208    Registered
            28-Nov-1966    28-Nov-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba, Kypris & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES         


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Cyprus Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2149          10208    Registered
            28-Nov-1966    28-Nov-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA

   C654    47687    3500    47687    Registered
      17-Apr-1997    18-May-2001    21-Sep-2001    17-Apr-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

NCT14806/12645

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA

   C935          10207    Registered
            28-Nov-1966    28-Nov-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba, Kypris & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Cyprus, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1096    36904       36904    Registered
      23-Jul-1992       17-Sep-1997    23-Jul-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba, Kypris & Co.       Agent Ref:   

14806/12645

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA & Design (‘86 version)

   C685    47688    3500    47688    Registered
      17-Apr-1997    18-May-2001    21-Sep-2001    17-Apr-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

NCT14806/12645

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Czech Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2334    0-91531       192924    Registered
      28-Jul-1994       22-Aug-1996    28-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka and Partners       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C727    0-122261       211294    Registered
      16-May-1997       27-Jul-1998    16-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ASSOCIATED LAW OFFICE       Agent Ref :   

16          70642

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables.            

CHICO IN OVAL IN COLOR

   C2311          166512    Registered
            08-Aug-1985    08-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka and Partners       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables.            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Czech Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2300    28132       155749    Registered
      31-Jan-1963       11-Mar-1964    31-Jan-2013
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka Zeleny Svorcik Kalens       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      

CHIQUITA

   C477    112607       205691    Registered
      27-Jun-1996       21-Nov-1997    27-Jun-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka and Partners       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      
Goods:    beer of all kinds, any non-alcoholic drinks, syrups and other preparations for drink production.

CHIQUITA & Design (‘86 version)

   C1017    70383       180637    Registered
      20-Jul-1992       31-Oct-1994    20-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka and Partners       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Czech Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL & Design

   C1016    180694       180694    Registered
      03-Jan-1992       31-Oct-1994    03-Jan-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

PICTURE OF LADY

   C2302          155750    Registered
            31-Jan-1983    31-Jan-2013
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-185

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Denmark

   

 

Trademark   

Case Number

Country Name

   Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C983    2076/1979       150/1980    Registered
      21-May-1979       04-Jan-1980    04-Jan-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 32            

CHIQUITA

   C979    4461/1966       1453/1967    Registered
      23-Nov-1966       12-May-1967    12-May-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASSES 29 & 31            

CHIQUITA

   C3242    VA 2005 05834       VR200601398    Registered
      22-Dec-2005       20-Apr-2006    20-Apr-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BUDD       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE; YEAST, BAKING POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS); SPICES; ICE

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Denmark

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C997    2077/1979       158/1980    Registered
      21-May-1979       11-Jan-1980    11-Jan-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    ALL GOODS IN CLASS 32            

CHIQUITA & Design (‘86 version)

   C3261    VA 2005 05840       VR200601399    Registered
      22-Dec-2005       20-Apr-2006    20-Apr-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref :   

125202/CM/RB

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.            
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

CHIQUITA & Design (‘86 version)

   C936    5091/1992       10751/1992    Registered
      14-Jul-1992       20-Nov-1992    20-Nov-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); and fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Denmark

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C1052    2527/1959       2314/1959    Registered
      26-Aug-1959       05-Dec-1959    05-Dec-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Foods and prepared foods            

CONSUL & Design in color

   C1220    1432/1989       912/1991    Registered
      01-Mar-1989       08-Feb-1991    08-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES         

FRUPAC & DEVICE

   C873    8694/1987       407/1990    Registered
      28-Dec-1987       26-Jan-1990    26-Jan-2020
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hofman-Bang & Boutard       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried or cooked fruit (29); fresh fruit (31)

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Denmark

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

JUST FRUIT IN A BOTTLE & DESIGN

   C4016    VA 2006 03273       VR 2007 00026    Registered
      16-Aug-2006       03-Jan-2007    03-Jan-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.            
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Dominican Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO & OVAL Design

   C2337          19449    Registered
            16-Mar-1971    16-Mar-2011
Class(es):    01 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    TRONCOSO Y CACERES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-9

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

AMIGO & OVAL Design

   C2338          19450    Registered
            16-Mar-1971    16-Mar-2011
Class(es):    55 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    TRONCOSO Y CACERES       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-9

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHICO IN OVAL

   C1735             Unfiled
Class(es):    55 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Grenada Company       First Use Date:      

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Dominican Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL

   C1752             Unfiled
Class(es):    55 Int.       Attorney(s):   

CLR     CCG

  
Agent Name          Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Grenada Company       First Use Date:      

CHIQUITA

   C1454          82420    Registered
            15-Mar-1996    15-Mar-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Local Class 14            

CHIQUITA BRAND BANANAS & DESIGN

   C2211          12932    Registered
            14-Aug-1963    14-Aug -2013
Class(es):    55 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    TRONCOSO Y CACERES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-171

  
Owner:    Grenada Company       First Use Date:      
Goods:    Sale of bananas            

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Dominican Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA PREMIUM BRAND BANANAS

   C3072    2003-21281       136260    Registered
      01-Apr-2003    16-Jun-2003    30-Jul-2003    30-Jul-2013
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    TRONCOSO Y CACERES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-85

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANAS            

GRENADA COMPANY (commercial establishment)

   C2195          1233    Registered
            30-Aug-1972    30-Aug-2012
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-144

  
Owner:    Grenada Company       First Use Date:      
Goods:    Commercial establishment name.

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C744    81323       739-99    Registered
      03-Sep-1997       18-May-1999    18-May-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:   

206       rm 31

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All Goods in Class 31            

AMIGO & Design (‘92 version)

   C2411    33951       1607-04    Registered
      27-Aug-1992       04-Nov-1993    04-Nov-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables, early vegetables and green

AMIGO & Oval Design

   C1049          476-02    Registered
            13-Apr-1971    30-Jun-2010
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-9

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

AMIGO & OVAL Design

   C947    26605       2295-02    Registered
      16-Jul-1991       22-May-1992    22-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-9

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables, early vegetables and green

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2897    83632-97       1424-99    Registered
      08-Dec-1997    14-Dec-1998    09-Aug-1999    09-Aug-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

CHIQUITA

   C2028             Unfiled
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Compania Bananera de Costa Ric       First Use Date:      
Goods:    Awaiting judge’s order to return for registration.

CHIQUITA

   C1587    103392       2468-00    Registered
      27-Apr-2000    25-May-2000    31-Oct-2000    31-Oct-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck         

CHIQUITA

   C1304    83633-97       1911-00    Registered
      08-Dec-1997    14-Dec-1998    06-Apr-2000    06-Apr-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1125    464-93       632-02    Registered
            23-Apr-1963    22-Jun-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas and derivatives, packaged in polyethelene bags, cardboard boxes, or other appropriate containers for exportation of this fruit and its derviatives.

CHIQUITA & Design (‘86 version)

   C1588    103317       2467-00    Registered
      27-Apr-2000    25-May-2000    31-Oct-2000    31-Oct-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck         

CHIQUITA & Design (‘86 version)

   C1305    83631-97       534-00    Registered
      08-Dec-1997    14-Dec-1998    22-Feb-2000    22-Feb-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for International Class 32         

CHIQUITA & Design (‘86 version)

   C2071    33201       2086    Registered
      07-Jul-1992       04-Feb-1994    04-Feb-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agtricultural, vegetable and forest products and grains not included in other classes; fruits, natural flowers; animal feed, malt.

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2898    83630-97       533-00    Registered
      08-Dec-1997    14-Dec-1998    22-Feb-2000    22-Feb-2010
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

CHIQUITA & DESIGN (‘94 VERSION)

   C3204    157178       1461-06    Registered
      12-May-2005    11-Aug-2005    08-Mar-2006    08-Mar-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 29 Int.            
   PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES

CHIQUITA & DESIGN (‘94 VERSION)

   C3205    157179       1462-06    Registered
      12-May-2005    11-Aug-2005    08-Mar-2006    08-Mar-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.            
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

CHIQUITA & DESIGN (‘94 VERSION)

   C3206    157180       1463-06    Registered
      12-May-2005    11-Aug-2005    08-Mar-2006    08-Mar-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & DESIGN (‘94 VERSION)

   C3207    157181       1464-06    Registered
      12-May-2005    11-Aug-2005    08-Mar-2006    08-Mar-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.            
   FRUIT DRINKS AND JUICES

CHIQUITA PREMIUM BANANAS

   C2459    34877       2087    Registered
      21-Oct-1992       04-Feb-1994    04-Feb-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-84

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in International Class 31, especially bananas.

COMPANIA BANANERA DEL ECUADOR

   C1245    3484       1475    Registered
      06-Oct-1993       14-Nov-1994    14-Nov-2014
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref :   

068       tr nc 00

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-111

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Commercial locations for business of transportation, commercialization, sale and exportation of merchandise, especially of fresh fruits

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 6

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

COMPANIA BANANERA DEL ECUADOR

   C525    42093       1476    Registered
      06-Oct-1993       14-Nov-1994    14-Nov-2014
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-111

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Wrapping and packing of merchandise before shipment.

CONSUL

   C2611    19568       3128/95    Registered
      22-Mar-1990       03-Dec-1990    03-Dec-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    PAZ, HOROWITZ & ROMOLEROUX    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CONSUL & Design in color

   C2610    19567       3118/95    Registered
      22-Mar-1990       03-Dec-1990    03-Dec-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    PAZ, HOROWITZ & ROMOLEROUX    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 7

Country: Ecuador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & DEVICE

   C2460    35010       1129-04    Registered
      26-Oct-1992       30-Nov-1993    30-Nov-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

GREAT WHITE FLEET

   C1583    103391       2355-00    Registered
      27-Apr-2000       31-Oct-2000    31-Oct-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         

GREAT WHITE FLEET & Design

   C1584    103315       2351-00    Registered
      27-Apr-2000       31-Oct-2000    31-Oct-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Egypt

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1979    91696       91696    Registered
      25-Jul-1994       12-Nov-1997    25-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hoda Abdel Hadi & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C728    106773       106773    Registered
      05-May-1997       24-Mar-2003    05-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hoda Abdel Hadi & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C555    152065          Pending
      22-Jun-2002         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Egypt

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C557    152067          Pending
      22-Jun-2002         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA

   C556    152066       152066    Registered
      22-Jun-2002       04-Apr-2007    22-Jun-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultrual, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA

   C554    152064       152064    Registered
      22-Jun-2002       04-Apr-2007    21-Jun-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces, compotes; eggs, milk and milk products; edible oils and fats

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Egypt

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2600    NY-751467       50646    Registered
      01-Jun-1975       01-Jun-1985    01-Jun-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hoda Abdel Hadi & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Process foods, such as pureed bananas         

CHIQUITA & Design (‘86 version)

   C560    152070          Pending
      22-Jun-2002         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and foresty products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA & Design (‘86 version)

   C589    152071          Pending
      22-Jun-2002         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Egypt

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C559    152069         
      22-Jun-2002          Pending
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

CHIQUITA & Design (‘86 version)

   C558    152068          Pending
      22-Jun-2002         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces, compotes; eggs, milk and milk products; edible oils and fats

FRUPAC & DEVICE

   C2761    84550       84550    Registered
      12-Oct-1992       17-Nov-1996    11-Oct-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables.            

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country EL Salvador

   

 

Trademark   

Case Number

Country Name

   Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1019          18825/44    Registered
      26-Jun-1970       21-Dec-1970    21-Dec-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :   

1402     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

AMIGO & Design (‘92 version)

   C940    2858/97       50/191    Registered
      12-May-1997    05-Jul-2006    06-Sep-2006    06-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO IN OVAL

   C1004    983/90       163/12    Registered
      22-May-1990       17-Aug-1992    17-Aug-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country EL Salvador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C345    2465/91       132/134    Registered
      23-Sep-1991       04-Jul-2001    04-Jul-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruit and vegetables, jellies and jams, eggs, milk and milk products, edible oils and fats, salad dressings and preserves.

CHIQUITA

   C3066    2003030423          Pending
      12-Feb-2003         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS.

CHIQUITA

   C2278    2464/91       148/20    Registered
      23-Sep-1991       15-Nov-1993    15-Nov-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country EL Salvador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1612    8220/99       10/113    Registered
      19-Nov-1999       07-Aug-2000    07-Aug-2010
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Meat, fish, poultry and game, meat extracts, dried and cooked fruits and vegetables, jellies and marmalades, eggs, milk and other dairy products, edible oils and fats; salad dressings and preserves

CHIQUITA

   C1593    3404/2000       112/138    Registered
      04-May-2000       05-Sep-2001    05-Sep-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA & DESIGN (‘86 VERSION)

   C3067    2003030421          Pending
      12-Feb-2003         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country EL Salvador

   

 

Trademark   

Case Number

Country Name

   Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1594    3405/2000       245/125    Registered
      04-May-2000       12-Feb-2001    12-Feb-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck         

CHIQUITA & DESIGN (‘94 VERSION)

   C3068    2003030419          Pending
      12-Feb-2003         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

GREAT WHITE FLEET

   C1514    5537/99       110/BOOK 180    Registered
      17-Aug-1999       03-Dec-2003    03-Dec-2013
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref:   

12887  

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country EL Salvador

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET & Design

   C1513    5733/99       139/141    Registered
      23-Aug-1999       10-Oct-2001    10-Oct-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Romero Pineda & Asociados       Agent Ref. :   

12893  

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country - Estonia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2353    9401904       20125    Registered
      13-Sep-1994       25-Jun-1996    25-Jun-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C729    9701045       27333    Registered
      19-May-1997       29-Oct-1998    29-Oct-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref :   

T16557

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA

   C670    9602406       25872    Registered
      28-Nov-1996    02-Mar-1998    26-May-1998    26-May-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN THIS CLASS INCLUDING BEVERAGES

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country - Estonia

   

 

Case Number

Trademark

  

Application

Country Name

   Publication
Number/Date
   Registration
Number/Date
   Status
Number/Date
   Next Renewal

CHIQUITA

   C2078    5742       09350    Registered
      01-Jul-1993       18-Mar-1994    17-Feb-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME MEAT, MEAT EXTRACTS, PRESERVED, DRIED AND COOKED FRUIT AND VEGETABLES; EGGS, MILK AND MILK PRODUCTS; VEGETABLE OILS AND EDIBLE FATS; PRESERVES, PICKLED VEGETABLES
   CLASS 31: AGRICULTURAL PRODUCTS, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS, NOT INCLUDED IN OTHER CLASSES; ANIMALS; FRESH FRUIT AND VEGETABLES, SEEDS, NATURAL PLANTS AND FLOWERS; ANIMAL FOODSTUFFS, MALT

CHIQUITA & Design (‘86 version)

   C2293    9301365       15344    Registered
      02-Mar-1993       31-Mar-1995    31-Mar-2015
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)

CHIQUITA & Design (‘86 version)

   C2077    9301366       08723    Registered
      02-Mar-1993       03-Mar-1994    23-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beer; mineral and aerated water and other soft drinks; juices and juice beverages; syrups and other substances for making beverages

 


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country - Estonia

   

 

Case Number

Trademark

  

Application

Country Name

   Publication
Number/Date
   Registration
Number/Date
   Status
Number/Date
   Next Renewal

CONSUL

   C2352    9401903       20124    Registered
      13-Sep-1994       25-Jun-1996    25-Jun-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

SUN COCKTAIL

   C637    9602494       26506    Registered
      09-Dec-1996    04-May-1998    31-Aug-1998    31-Aug-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref :   

9602494

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-218

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in international class 32

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AVENIDA

   C1687    2465102    050/2002    2465102    Registered
      16-Nov-2001    24-Jun-2002    10-Jan-2003    16-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-13

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

AVENIDA & Design

   C1688    2466662    050/2002    2466662    Registered
      19-Nov-2001    24-Jun-2002    10-Jan-2003    19-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-14

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C1589    1656982       1656982    Registered
      28-Apr-2000       10-Jul-2001    28-Apr-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Freight transportation by ship and truck

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C3126    3476728       3476728    Registered
      30-Oct-2003       03-Apr-2005    30-Oct-2013
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    PORTA, CHECCACCI & ASSOCIATES    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 43 Int.            
   RESTAURANT AND BAR SERVICES

CHIQUITA

   C537    101089       101089    Registered
      01-Apr-1996       01-Feb-1999    01-Apr-2016
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:   

13010  EP CNO/MN

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats in International Class 29.
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustartd; vinegar, sauces (condiments); spices; ice in International Class 30.
   Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.
   Beers; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages in International Class 32.

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1590    1656933       1656933    Registered
      28-Apr-2000       10-Jul-2001    28-Apr-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA & Design (‘86 version)

   C532    101113       101113    Registered
      01-Apr-1996       01-Feb-1999    01-Apr-2016
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V.       Agent Ref:   

13008  EP CNO/MN

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats in International Class 29.
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice in International Class 30.
   Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.
   Beers; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages in International Class 32.

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C3354    5856547          Published
      25-Apr-2007    01-Oct-2007      
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 43 Int.            
   PROVIDING OF FOOD AND DRINK; BARS

CHIQUITA & Design (‘94 version)

   C790    000672832       000672832    Registered
      10-Nov-1997       07-May-1999    10-Nov-2017
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:   

27787-IR/AL

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats, in International Class 29; and Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice, in International Class 30; and, Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt, in International Class 31; and, Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, in International Class 32

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA DEMAND MORE FROM YOUR BANANA & DESIGN

   C3220    2096279       2096279    Registered
      21-Feb-2001       28-Mar-2002    21-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-271

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   BANANAS            

CHIQUITA EXIGEZ PLUS DE VOS BANANES & DESIGN

   C3218    2097004       2097004    Registered
      21-Feb-2001       12-Mar-2002    21-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-269

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   BANANAS            

CHIQUITA FRESH FRUITSHAKE

   C3216    004580684       004580684    Registered
      05-Aug-2005    30-Jan-2006    21-Aug-2006    05-Aug-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-268

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.            
   PRE-PACKAGED BEVERAGES MADE FROM BLENDED FRESH FRUIT AND FRUIT JUICE

 


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 6

Country: European Community

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA FRUIT BAR

   C4030    5328679       5328679    Registered
      21-Sep-2006    12-Mar-2007    04-Sep-2007    21-Sep-2016
Class(es):    29 Int., 30 Int., 31 Int., 32 Int., 43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T53047EU00/JE/NVR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-308

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 29 Int.            
   CANNED, PROCESSED, PRESERVED, DRIED, FROZEN AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; FRUIT SAUCES; MILK, MILK PRODUCTS, YOGHURTS; MOUSSES, CREAMS, DESSERT CREAMS; BEVERAGES MADE MAINLY FROM MILK OR MILK PRODUCTS, BEVERAGES MADE MAINLY FROM MILK FERMENTS, MILK BEVERAGES CONTAINING FRUIT.
   Class : 30 Int.            
   COFFEE, RICE, BREAD, ICES, SAUCES, SPICES, ICE CREAM, FROZEN CONFECTIONS, CONFECTIONERY, BISCUITS, CAKES; DESSERTS.
   Class : 31 Int.            
   AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; FRESH FRUITS AND VEGETABLES.
   Class : 32 Int.            
   NON-ALCOHOLIC DRINKS AND BEVERAGES; FRUIT DRINKS AND FRUIT JUICES, SYRUPS AND OTHER NON- ALCOHOLIC PREPARATIONS FOR MAKING SUCH DRINKS AND BEVERAGES.
   Class : 43 Int.            
   SERVICES FOR PROVIDING FOOD AND DRINK; RESTAURANT SERVICES; BAR SERVICES


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 7

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA MINI’S & DESIGN

   C3278    004917738          Published
      17-Feb-2006    06-Nov-2006       17-Feb-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DURAN-CORRETJER       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

CTME-1537/ab

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS            

CHIQUITA TO GO

   C4042    6076641          Published
      06-Jul-2007    26-Nov-2007      
Class(es):    30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T53864EU00/JE/NVR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-264

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.            
   CONFECTIONERY; EDIBLE ICES, ICE CREAM
   Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES
   Class : 32 Int.            
   FRUIT DRINKS AND FRUIT JUICES


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 8

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA TO GO & DESIGN

   C4043    6076541          Published
      06-Jul-2007    10-Dec-2007      
Class(es):    30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:   

T53863EU00/JE/NVR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-264

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.            
   CONFECTIONERY; EDIBLE ICES, ICE CREAM
   Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES
   Class : 32 Int.            
   FRUIT DRINKS AND FRUIT JUICES

CHIQUITA VERLANGEN SIE MEHR VON IHRER BANANE & DESIGN

   C3219    2096980       2096980    Registered
      21-Feb-2001       28-Mar-2002    21-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-270

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   BANANAS            


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 9

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. GROWING A BETTER BANANA

   C3280    004625331       4625331    Registered
      08-Sep-2005    20-Feb-2006    04-Sep-2006    08-Sep-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-299

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   BANANAS            

CHIQUITA.LA PLUS BANANE DES BANANES

   C3279    792558       792558    Registered
      24-Sep-2002       24-Sep-2002    24-Sep-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CONSUL

   C529    102202       102202    Registered
      01-Apr-1996       22-Jan-1999    01-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 10

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL & Design

   C524    101196       101196    Registered
      01-Apr-1996       01-Feb-1999    01-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Exter Polak & Charlouis B.V       Agent Ref:   

13007  EP JE/MNI

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.

CUANDO UN POQUITO ES IDEAL

   C3356    5868609          Published
      01-May-2007    29-Oct-2007      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-326

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS            

GREAT WHITE FLEET

   C1510    1286590       1286590    Registered
      19-Aug-1999    03-Apr-2000    16-Oct-2000    19-Aug-2009
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:   

30046-47-JD/GJ

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 11

Country: European Community

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET & Design

   C1511    1286608       1286608    Registered
      19-Aug-1999    03-Apr-2000    16-Oct-2000    19-Aug-2009
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Budde Schou A/S       Agent Ref:   

30046-47-JD/GJ

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck            

PARFOIS, UN PETIT PEU SUFFIT

   C3355    5868658          Published
      01-May-2007    05-Nov-2007      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-327

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Finland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1148    T196702823       52709    Registered
      25-Jul-1967       20-Jun-1968    20-Jun-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    OY KOLSTER       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CHIQUITA

   C1146    T196604112       52351    Registered
      25-Nov-1966       06-May-1968    06-May-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    OY KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CHIQUITA

   C2506    T196200085       40677    Registered
      09-Jan-1962       17-Apr-1963    17-Apr-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    OY KOLSTER       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Finland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C938    T198804550       109192    Registered
      14-Oct-1988       05-Oct-1990    05-Oct-2010
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    OY KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
   32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA & Design (‘86 version)

   C2207    3556/92       127656    Registered
      22-Jul-1992       20-Aug-1993    20-Aug-2013
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)

CHIQUITA & Design (‘86 version)

   C939    T198804551       109193    Registered
      14-Oct-1988       05-Oct-1990    05-Oct-2010
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    OY KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream in Class 30; fruit juices and beverages in Class 32


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Finland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BANANA FIGURE

   C2505    T196103012       40676    Registered
      12-Oct-1961       17-Apr-1963    17-Apr-2013
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

CHIQUITA

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA JUST FRUIT IN A BOTTLE & DESIGN

   C4014    T200700750       239900    Registered
      07-Mar-2007       31-Jul-2007    31-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KOLSTER       Agent Ref :   

3060438/be

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.            
   FRUIT JUICES            

CONSUL

   C2247    3716/94       137685    Registered
      22-Jul-1994       05-May-1995    05-May-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Finland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL & Design in color

   C943    T198901049       110826    Registered
      03-Mar-1989       20-Feb-1991    20-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31            

FRUPAC Logo

   C946    4041/88       112109    Registered
      16-Sep-1988       05-Jun-1991    05-Jun-2011
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Exportadora de Frutas Pacifico       First Use Date:      
Goods:    Preserved, dried or cooked fruit (29); fresh fruit (31)

GREEN VALLEY

   C1627    T200001838       218737    Registered
      19-May-1999       15-Sep-2000    15-Sep-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KOLSTER       Agent Ref :   

3000419/SN

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-141

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not include others classes live animals; fresh fruits and Vegetables; seeds, natural plants and flowers, foodstuff for animals, malt.

THE CHIQUITA MAGIC BOX

   C2354    R200700180       202406    Registered
      13-Dec-1995       15-Oct-1996    15-Oct-2016
Class(es):    20 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KOLSTER       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-225

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    A returnable packaging system of plastic material used for shipping and displaying fresh fruit.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1005          1633687    Registered
            01-Jun-1990    31-May-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C730    97676446       97676446    Registered
      05-May-1997       17-Oct-1997    31-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO IN OVAL IN COLOR

   C2221          1319928    Registered
      09-Aug-1985       09-Aug-1985    09-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables.            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C982    961210       1493815    Registered
      14-Oct-1988       31-Mar-1989    13-Oct-2008
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream (30); fruit juices and beverages (32)

CHIQUITA

   C967    3488       1395344    Registered
      16-Feb-1967       30-Dec-1986    31-Dec-2016
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat, fish, poultry & game; meat extracts; preserved, dried & cooked fruits & vegetables; jellies, jams; eggs, milk and milk products; edible oils and fats, salad sauces, canned foods, agricultural, horticultural & forestry products (not covered other classes); living animals; fresh fruits and vegetables; grants (seeds), natural plants and flowers, foodstuffs for animals, malt.
   Class 30 for salad dressing was added per 12/17/96 associate ltr.

CHIQUITA

   C3200    95571151       95571151    Registered
      11-May-1995       20-Oct-1995    31-May-2015
Class(es):    33 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 33 Int.            
   SPIRITS AND LIQUEURS, IN PARTICULAR TEQUILA


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2793    94541445       94541445    Registered
      21-Oct-1994       31-Mar-1995    20-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Baked goods            

CHIQUITA & Design (‘86 version)

   C2794    94541446       94541446    Registered
      21-Oct-1994       31-Mar-1995    20-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BAKERY PRODUCTS AND PASTRIES            

CHIQUITA & Design (‘86 version)

   C981    961206       1493812    Registered
      14-Oct-1988       31-Mar-1989    13-Oct-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices and beverages            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1230          92427342    Registered
      20-Jul-1992       24-Dec-1992    19-Jul-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)

CONSUL

   C985          1512707    Registered
            03-Feb-1989    02-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CONSUL & Design in color

   C986          1517859    Registered
            07-Mar-1989    06-Mar-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables.            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC

   C2039    98737894       98737894    Registered
      19-Jun-1998       27-Nov-1998    30-Jun-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for International Class 31            

FRUPAC & Design

   C1404    98737895       98737895    Registered
      19-Jun-1998       27-Nov-1998    30-Jun-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN THIS CLASS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 6

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GARDENA

   C1224    92403406       92403406    Registered
      30-Jan-1992       30-Jan-1992    27-Jan-2012
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-135

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and milk products; edible oils and fats; salad dressings; preserves (29)
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt (31)
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages (32)

GREEN VALLEY

   C1620    003046835       003046835    Registered
      19-May-1999       29-May-2001    19-May-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-141

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural (except cabbages), forestry ( neither prepared nor transformed), grains (seeds) except cabbages, live animals; fresh fruits including organic bananas, fresh vegetables (except cabbages), seeds (except cabbages), natural plants and flowers; foodstuffs for animals, malt


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 7

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

JUST FRUIT IN A BOTTLE

   C4010    063430196       063430196    Registered
      22-May-2006    30-Jun-2006    27-Oct-2006    31-May-2016
Class(es):    23 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRUIT JUICES            

JUST FRUIT IN A BOTTLE AND OVAL CIRCLE LADY DESIGN

   C4011    063426019       063426019    Registered
      28-Apr-2006    02-Jun-2006    29-Sep-2006    30-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.            
   FRUIT JUICES            

PRIMORA

   C1229    92403409       92403409    Registered
      30-Jan-1992       30-Jan-1992    27-Jan-2012
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-186

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables; beers, mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 8

Country: France

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PRIMORA GARDENA

   C1228    92403408       92403408    Registered
      30-Jan-1992       30-Jan-1992    27-Jan-2012
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-187

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables; beers, mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

QUITE POSSIBLY, THE WORLD’S PERFECT FOOD & OVAL DE

   C1000          1593329    Registered
            22-May-1990    21-May-2010
Class(es):    31 Int..       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:   

3j210850

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

THE CHIQUITA MAGIC BOX

   C2807    95593505       95593505    Registered
      20-Oct-1995       20-Oct-1995    31-Oct-2015
Class(es):    20 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    MARCHAIS DE CANDE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-225

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    A returnable packaging system used for shipping and displaying fresh fruit


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country : Gaza District

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C665    4128       4128    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 32

CHIQUITA

   C664    4127       4127    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 31

CHIQUITA

   C663    4126       4126    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 30


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country : Gaza District

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C662    4125       4125    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 29

CHIQUITA & Design (‘86 version)

   C673    4132       4132    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 32

CHIQUITA & Design (‘86 version)

   C672    4131       4131    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country : Gaza District

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C671    4130       4130    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 30

CHIQUITA & Design (‘86 version)

   C658    4129       4129    Registered
      01-Dec-1996    20-Dec-1997    22-Mar-1998    30-Nov-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 29


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Georgia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2674    6784/03       6262    Registered
      26-Jul-1994       04-Aug-1997    04-Aug-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C718    12143/03       9427    Registered
      15-May-1997       25-May-1998    25-May-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16558

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Georgia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C354    7569/03       7086    Registered
      21-Jul-1993       08-Oct-1997    08-Oct-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Sojuz Patent       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME, MEAT EXTRACTS; PRESERVED, DRIED AND BOILED FRUITS AND VEGETABLES, EGGS, MILK AND OTHER MILK PRODUCTS; VEGETABLE OIL AND EDIBLE FATS; PRESERVES, PICKLES
   CLASS 31: PRODUCTS OF AGRICULTURE, HORTICULTURE AND FORESTRY, SEEDS, EXCEPT INCLUDED IN OTHER CLASSES; ANIMALS; FRESH FRUITS AND VEGETABLES, LIVE PLANTS AND FLOWERS, FOODSTUFFS FOR ANIMALS; MALT

CHIQUITA & Design (‘86 version)

   C370    11856/03       7379    Registered
      23-Jul-1987       05-Nov-1997    05-Nov-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral & aerated waters and other non-alcoholic drinks; fruit drinks & fruit juices; syrups and other preparations for making beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Georgia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2598    7801/03       5052    Registered
      30-Jul-1993       15-Apr-1997    15-Apr-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Germany

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2808    U4573/30       959331    Registered
      07-May-1976       07-May-1986    31-May-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, chicory; flours and cereal preparations for food, bread, biscuits, cake, chocolate, sweetmeats, sweets, fine bakery and confectionery goods, edible ice, honey, treacle, yeast, baking powder, edible salt, mustard, pepper, vinegar, sauces, spices.

CHICO IN OVAL IN COLOR

   C2689          645077    Registered
            07-Aug-1985    31-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CHIQUITA

   C1213    U2780/26       837138    Registered
      26-Nov-1966       18-Sep-1967    30-Nov-2016
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat and Fish Products, Canned Meats, Fish, Vegetable and Fruit, Vegetables, Fruit, Fruit Juices, Meat, Fish, Fruit and Vegetable Jellies


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Germany

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2342    C47726/30       2907232    Registered
      21-Oct-1994       30-May-1995    31-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Baked goods            

CHIQUITA

   C948    U38210/3       1147654    Registered
      14-Oct-1988       11-Oct-1989    31-Oct-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:    C 3915 - wz/ij
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Confit, Sweetmeats, Edible Ices and Ice Cream

CHIQUITA & Design (‘86 version)

   C1041    C43825/29WZ       2042813    Registered
      22-Jul-1992       19-Aug-1993    31-Jul-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Germany

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2688          645774    Registered
      17-Jul-1987       25-Aug-1987    31-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beer; Mineral and Aerated Waters and Other Non-Alcoholic Drinks; Fruit Drinks and Fruit Juices; Syrups and Other Preparations for Making Beverages

CHIQUITA & Design (‘86 version)

   C2341    C47727/30       2907231    Registered
      21-Oct-1994       30-May-1995    31-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Baked goods            

CHIQUITA JR & Design

   C1027    C43926/31Wz       2035449    Registered
      12-Aug-1992       04-May-1993    31-Aug-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-73

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables, namely bananas


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Germany

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C1204    U1472/26       742381    Registered
      22-Sep-1959       11-Nov-1960    30-Sep-2009
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit and tropical fruit, bananas, fruit puree, banana puree, fruit juices

CONSUL

   C949    C38654/31       1149308    Registered
      03-Feb-1989       09-Nov-1989    28-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CONSUL & Design in color

   C950    C38771/31       1151211    Registered
      02-Mar-1989       12-Dec-1989    31-Mar-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: Germany

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & Device

   C953    E27248/29Wz       1180855    Registered
      23-Dec-1987       13-Sep-1991    31-Dec-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Preserved, Dried and cooked fruit (29); fresh fruit (31)

GREEN VALLEY

   C1630    30055259       30055259    Registered
      19-May-1999       13-Nov-2000    31-May-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG CKP

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-141

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

JUST FRUIT IN A BOTTLE DESIGN

   C3281    30632252       30632252    Registered
      19-May-2006       21-Jul-2006    31-May-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:   

ZWDIN003-wz/ig

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 6

Country: Germany

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PRIMORA GARDENA

   C1040    C43061/29WZ       2037424    Registered
      31-Jan-1992       02-Jun-1993    31-Jan-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-187

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; dried and cooked fruit and vegetables; fruit and vegetable jellies; jams; eggs, milk and milk products, namely butter, cheese, cream, yogurt, powdered milk for alimentary purposes; edible oils and fats; fruit and vegetable preserves; agricultural, horticultural and forestry products, namely grains and other propagation material, raw cereal, eggs for hatching, raw woods; living animals (29); fresh fruit and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt; (31) beers; mineral waters and aerated waters and other non—alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages.

QUITE POSSIBLY, THE WORLD’S PERFECT FOOD & OVAL DE

   C952    C40512/31       1175392    Registered
      19-May-1990       24-Apr-1991    31-May-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Muller-Bore & Partners       Agent Ref:   

C3969-wz/ms

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Ghana

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C566    28413       28413    Registered
      14-Nov-1997       14-Nov-1997    14-Nov-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BEER, ALE AND PORTER; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA

   C2041    28323       28323    Registered
      04-Jul-1997    16-May-2003    04-Jul-1997    04-Jul-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, LIVE PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT

CHIQUITA & Design (‘86 version)

   C609    28351       28351    Registered
      11-Jul-1997       03-Feb-2005    11-Jul-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:   

T16963

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    International Class Heading for Class 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Ghana

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C561    28315       28315    Registered
      04-Jul-1997    16-May-2003    05-May-2004    04-Jul-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:   

T16969-CC/mw

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BEER, ALE AND PORTER; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA & Design (‘94 version)

   C608    29577          Pending
      11-Jul-1997         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BEER, ALE AND PORTER; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA & Design (‘94 version)

   C607    28664          Pending
      11-Jul-1997         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:   

T16962

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS; LIVE PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Greece

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C431    120161       120161    Registered
      25-Jul-1994       17-Sep-1997    25-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31 INCLUDING FRESH FRUIT AND VEGETABLES

AMIGO & Design (‘92 version)

   C1477    133042       133042    Registered
      02-May-1997       17-Dec-1998    02-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31 INCLUDING FRESH FRUIT AND VEGETABLES

CHICO

   C1189    68253       68253    Registered
      24-Feb-1981       18-Oct-1982    24-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, LIVE PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT, NAMELY TINNED FOOD FOR CATS


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Greece

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO & Design (‘90 version)

   C937    108468       108468    Registered
      06-Apr-1992       17-Jan-1995    06-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C2473    36527       36527    Registered
      24-Nov-1966       18-Dec-1967    24-Nov-2016
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural and Forestry products and Grains not Included in Other Classes, Living Animals, Fresh Fruits and Vegetables, Seeds, Live Plants and Flowers, Foodstuffs for Animals, Malt

CHIQUITA

   C1222    91465       91465    Registered
      30-Nov-1988       17-Oct-1991    30-Nov-2008
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionery, edible ices and ice cream, fruit juices and beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Greece

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C941    110234       110234    Registered
      12-Aug-1992       17-Oct-1994    12-Aug-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables (29); Fresh fruits and vegetables (31)

CHIQUITA & Design (‘86 version)

   C1221    91464       91464    Registered
      30-Nov-1988       17-Oct-1991    30-Nov-2008
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionery edible ices and ice-cream, fruit juices and beverages

CONSUL

   C1227    92205       92205    Registered
      30-Jan-1989       17-Dec-1991    30-Jan-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Greece

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL & Design in color

   C1232    92725       92725    Registered
      06-Mar-1989       19-Nov-1991    06-Mar-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT

FRUPAC & DEVICE

   C2164    110866       110866    Registered
      05-Oct-1992       17-May-1995    05-Oct-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VOSEMBERG – VRETOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables (29); Fresh fruits and vegetables (31)


 

Tuesday, March 27, 2008

  Trademark List by Country   Page: 1

Country: Guatemala

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C745    97-7939       107195    Registered
      24-Sep-1998       07-Nov-2000    06-Nov-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mayora & Mayora       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Class 31            

AMIGO & Design (‘92 version)

   C2733    8086/92       72486    Registered
      16-Dec-1992       08-Aug-1994    08-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Viteri & Viteri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

BANAVAC

   C1707    M-3681-2002       120825    Registered
      31-May-2002       06-Nov-2002    05-Nov-2012
Class(es):    16 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Viteri & Viteri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-20

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Packaging            


 

Tuesday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Guatemala

   

 

Trademark    Case Number   

Application

Number/Date

   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL

   C1177    36976       64798    Registered
      21-Aug-1990      

31-May-1991

   30-May-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Vegetables and fresh fruits            

CHIQUITA

   C1595    M-3982-2000       107915    Registered
      25-May-2000      

30-Nov-2000

   29-Nov-2010
Class(es):    39 Int.       Attorney(s):   

CCG     CCG     CLR

  
Agent Name:    Viteri & Viteri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck            

CHIQUITA

   C1264    97-10266       102224    Registered
      08-Dec-1997      

25-Jan-2000

   24-Jan-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mayora & Mayora       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Tuesday, March 27, 2008

  Trademark List by Country   Page: 3

Country: Guatemala

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1596    M-3980-2000       109839    Registered
      25-May-2000       07-Mar-2001    06-Mar-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Viteri & Viteri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck            

CHIQUITA & Design (‘86 version)

   C1280    97-10267       107188    Registered
      08-Dec-1997       07-Nov-2000    06-Nov-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mayora & Mayora       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA PREMIUM BANANA

   C2252          13945/179/43    Registered
            19-Mar-1993    26-Jan-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-84

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Tuesday, March 27, 2008

  Trademark List by Country   Page: 4

Country: Guatemala

   

 

Trademark    Case Number   

Application

Number/Date

   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. PERFECTA PARA LA VIDA.

   C3098    M-3105-2003       4353    Registered
      13-May-2003       18-Nov-2003    18-Nov-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-100

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS AND VEGETABLES

CONSUL

   C1180    34028       65964    Registered
      08-Jun-1990       03-Dec-1991    02-Dec-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Mayora & Mayora       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Vegetables and fresh fruit            

CONSUL & Design in color

   C1179    34029       65329    Registered
      08-Jun-1990       23-Jul-1991    22-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Vegetables and fresh fruit            


 

Tuesday, March 27, 2008

  Trademark List by Country   Page: 5

Country: Guatemala

   

 

Trademark    Case Number   

Application

Number/Date

   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

GREAT WHITE FLEET

   C1518    M-1497-2000       107019    Registered
      29-Feb-2000       17-Oct-2000    16-Oct-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Viteri & Viteri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck            

GREAT WHITE FLEET & Design

   C1517    M-1486-2000       107417    Registered
      29-Feb-2000       16-Feb-2001    15-Feb-2011
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Viteri & Viteri       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck            

MARITROP

   C1371    1998-00953       9604    Registered
            26-Aug-1998   
Class(es):    16 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Armando Merida Ruano       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-156

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Haiti

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C544    850-S       321/Reg118    Registered
      10-Jun-1997    27-Jul-1998    30-Sep-1998    30-Sep-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 31            

CHIQUITA

   C3014    849-S       320/Reg118    Registered
      10-Jun-1997    27-Jul-1998    30-Sep-1998    30-Sep-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 30            

CHIQUITA

   C3013    848-S       319/Reg118    Registered
      10-Jun-1997    27-Jul-1998    30-Sep-1998    30-Sep-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 29            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Haiti

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C3012    851-S       322/Reg118    Registered
      10-Jun-1997    27-Jul-1998    30-Sep-1998    30-Sep-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 32

CHIQUITA & Design (‘86 version)

   C545    855-S       318/Reg118    Registered
      10-Jun-1997    27-Jul-1998    07-Oct-1998    07-Oct-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 32

CHIQUITA & Design (‘86 version)

   C3011    853-S       316/Reg118    Registered
      10-Jun-1997    27-Jul-1998    07-Oct-1998    07-Oct-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 30


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Haiti

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C3010    852-S       315/Reg118    Registered
      10-Jun-1997    27-Jul-1998    07-Oct-1998    07-Oct-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 29

CHIQUITA & Design (‘86 version)

   C3009    854-S       317/Reg118    Registered
      10-Jun-1997    27-Jul-1998    07-Oct-1998    07-Oct-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Hudicourt-Woolley       Agent Ref:   

2147     

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All products in Class 31


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C746    10073/97       72806    Registered
      01-Sep-1997       22-Oct-1998    22-Oct-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:   

0259/97/S1

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C2640    12735/2003       57803    Registered
      30-Sep-1992       08-Jun-1993    08-Jun-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables.

CHIQUITA

   C3038    14452/2002       88020    Registered
      18-Oct-2002       13-Jun-2003    13-Jun-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1591    6167/00       7279    Registered
      25-Apr-2000       14-Dec-2000    14-Dec-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA

   C1108    6522-2002       40729    Registered
            16-Sep-1982    16-Sep-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANAS            

CHIQUITA

   C942          11078    Registered
            02-Nov-1962    02-Nov-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANA PRODUCTS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C3037    14453/2002       91697    Registered
      18-Oct-2002       13-Aug-2004    13-Aug-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS

CHIQUITA & Design (‘86 version)

   C1592    6168/2000       7288    Registered
      25-Apr-2000       14-Dec-2000    14-Dec-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA & DESIGN (94 VERSION)

   C3039    14454/2002       88019    Registered
      18-Oct-2002       13-Jun-2003    13-Jun-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BANANA FIGURE

   C2234    33008/2006       13582    Registered
      26-Sep-2006       24-Sep-1966    24-Sep-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

CHIQUITA

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANA PRODUCTS

CHIQUITA BANANA FIGURE DESIGN

   C1127          46889    Registered
            04-Nov-1986    04-Nov-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Paz & Horowitz       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-17

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANAS            

CHIQUITA BRAND BANANAS

   C2232          13580    Registered
            24-Sep-1966    24-Sep-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-65

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANA PRODUCTS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BRAND BANANAS

   C2581          46887    Registered
            04-Nov-1986    04-Nov-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-65

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANAS

CHIQUITA PREMIUM

   C2507          40728    Registered
            16-Sep-1982    16-Sep-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-83

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas            

CHIQUITA PREMIUM

   C300    15580/2002       11080    Registered
            02-Nov-1962    02-Nov-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-83

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 6

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C1150          53010    Registered
            12-Nov-1990    12-Nov-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

CONSUL IN OVAL IN COLOR

   C1149    10891-2000       53007    Registered
            12-Nov-1990    12-Nov-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

GREAT WHITE FLEET

   C1515    10916/99       5894    Registered
      11-Aug-1999       31-May-2000    31-May-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Buffete Mejia & Asociados       Agent Ref:   

0259/99/S1

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 7

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET & Design

   C1516    10917/99       5893    Registered
      11-Aug-1999       31-May-2000    31-May-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Buffete Mejia & Asociados       Agent Ref:   

0259/99/S1

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         

MARITROP

   C2971    683/98       1851    Registered
      15-Jan-1998    26-Feb-1998    20-Jul-2008    20-Jul-2008
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Lic. Daniel Casco L.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-156

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

MARSUPIAL

   C1400    682/98       74510    Registered
      15-Jan-1998    20-Feb-1998    07-Jun-1999    07-Jun-2009
Class(es):    20 Int       Attorney(s):   

CLR     CCG

  
Agent Name:    Lic. Daniel Casco L.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-157

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Furniture, mirrors picture frames; goods (not included in other classes) of woods, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother of pearl, meerschaum and substitutes for all these materials, or plastics.


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 8

Country: Honduras

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PETITE 150’S

   C2576          46484    Registered
            28-Jul-1986    28-Jul-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bufete Mejia & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-184

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANAS            

PETITE 150’S

   C2225          13367    Registered
            03-Jun-1966    03-Jun-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-184

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANA PRODUCTS            

ROUND Design W/CHIQUITA BANANA FIGURE

   C2233          13581    Registered
            21-Sep-1966    21-Sep-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-202

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BANANA PRODUCTS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Hong Kong

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1235    9407995       9363/1996    Registered
      15-Jul-1994       10-Oct-1996    16-Jun-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    NON-ALCOHOLIC BEVERAGES         

CHIQUITA

   C1063          2479/1982    Registered
            09-Jan-1980    09-Jan-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES         

CHIQUITA & Design (‘86 version)

   C548    9707460       4055/1998    Registered
      04-Jun-1997    06-Feb-1998    28-Apr-1998    04-Jun-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE; YEAST, BAKING-POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS); SPICES; ICE, EDIBLE ICES AND ICE CREAM


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Hong Kong

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C562    9707459       4054/1998    Registered
      04-Jun-1997    02-Feb-1998    28-Apr-1998    04-Jun-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS

CHIQUITA & Design (‘86 version)

   C597    9707461       4056/1998    Registered
      04-Jun-1997    06-Feb-1998    28-Apr-1998    04-Jun-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES         

CHIQUITA & Design (‘86 version)

   C1234    9407994       9362/1996    Registered
      15-Jul-1994       10-Oct-1996    16-Jun-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    NON-ALCOHOLIC BEVERAGES         


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Hong Kong

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & Device

   C1107    16345/92       4070/1995    Registered
      28-Sep-1992       19-May-1995    28-Sep-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:   

9073149

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

OVAL DEVICE IN COLOR

   C2841    7575/90       B06139    Registered
      13-Sep-1990       19-Oct-1994    13-Sep-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-173

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country Hungary

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C463    M9402821       155300    Registered
      18-Jul-1994       22-Jan-1999    18-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.B.G. & K.       Agent Ref:   

82.984/SZK/Sj

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHICO IN OVAL IN COLOR (GREEN & YELLOW)

   C2199          125271    Registered
      14-Aug-1985       14-Aug-1985    14-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES      

CHIQUITA

   C403    M9502358       147900    Registered
      22-Aug-1995       08-Dec-1997    22-Aug-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages            


 

Tuesday, March 25, 2008

  Trademark List   Page: 2

Country Hungary

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C954          118817    Registered
      20-Jan-1967       20-Jan-1987    20-Jan-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.B.G. & K.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CHIQUITA & Design (‘86 version)

   C404    M9502357       147901    Registered
      22-Aug-1995       08-Dec-1997    22-Aug-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages            

CHIQUITA & Design (‘86 version)

   C960          126769    Registered
      04-Aug-1987       04-Aug-1987    04-Aug-2017
Class(es):    29 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS; SALAD DRESSINGS; PRESERVES
   CLASS 32: BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Tuesday, March 25, 2008

  Trademark List   Page: 3

Country Hungary

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C965    M9203891       137059    Registered
      29-Jul-1992       25-Aug-1993    29-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.B.G. & K.       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CONSUL & Design

   C964    M9200146       135371    Registered
      09-Jan-1992       25-May-1993    09-Jan-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.B.G. & K.       D && S Number:   

95.210/SZE

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables.            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Iceland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2772    791/1994       876/1995    Registered
      20-Jul-1994       28-Aug-1995    28-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C684    964/1997       128/1999    Registered
      18-Jul-1997       26-Feb-1999    26-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C1195          705/1989    Registered
            06-Sep-1989    06-Sep-2009
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:   

V/1216

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream in Class 30; fruit juices and beverages in Class 32


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Iceland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2723          68/1967    Registered
            25-Apr-1967    25-Apr-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Banana fruit and banana jam         

CHIQUITA & Design (‘86 version)

   C961          131/1989    Registered
            23-Feb-1989    23-Feb-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Iceland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1169          625/1987    Registered
      16-Jul-1987       30-Dec-1987    30-Dec-2017
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS; SALAD DRESSINGS; PRESERVES
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT
   CLASS 32: BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA BRAND BANANAS & DESIGN

   C2373          227/1967    Registered
            15-Sep-1967    15-Sep-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-52

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas in Class 31            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Iceland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C1111          421/1989    Registered
            08-Jun-1989    08-Jun-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31 INCLUDING AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT

CONSUL & Design in color

   C1142          513/1989    Registered
            30-Jun-1989    30-Jun-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Orn Thor       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31 INCLUDING AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: India

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C439    633540       633540    Registered
      11-Jul-1994    14-Oct-2003    11-Jul-1994    11-Jul-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces, condiments; spices; ice.

CHIQUITA

   C440    633541       633541    Registered
      11-Jul-1994    15-Dec-2005    26-Oct-2006    11-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND FRESH VEGETABLES

CHIQUITA

   C450    633542       633542    Registered
      11-Jul-1994    14-Oct-2003    04-Feb-2005    11-Jul-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: India

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C438    633539       633539    Registered
      11-Jul-1994    14-Jun-2003    04-Feb-2004    11-Jul-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

CHIQUITA & Design (‘86 version)

   C437    633546       633546    Registered
      11-Jul-1994    18-Nov-2003    11-Jul-1994    11-Jul-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces, condiments; spices; ice.

CHIQUITA & Design (‘86 version)

   C443    633545          Pending
      11-Jul-1994         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND FRESH VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: India

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C444    633547       633547    Registered
      11-Jul-1994    14-Jun-2003    19-Aug-2004    11-Jul-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

CHIQUITA & Design (‘86 version)

   C442    633544       633544    Registered
      11-Jul-1994    14-Nov-2003    04-Jun-2005    11-Jul-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

CHIQUITA & Design (94 version)

   C1567    908506       908506    Registered
      08-Mar-2000    13-Dec-2004    05-Jan-2006    08-Mar-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:   

AJ/sg/ITM

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making Beverages, in international class 32.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: India

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA FRUPAC

   C445    633548       633548    Registered
      11-Jul-1994    25-Aug-2003    30-Apr-2005    11-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-68

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND FRESH VEGETABLES

FRUPAC

   C447    633550       633550    Registered
      11-Jul-1994    25-Aug-2003    30-Apr-2005    11-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND FRESH VEGETABLES

FRUPAC & Design

   C448    633543       633543    Registered
      11-Jul-1994    15-May-2005    26-Aug-2006    11-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Remfry & Sagar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Indonesia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1048    11366       393325    Registered
      21-Aug-1986       21-Jul-1987    21-Jul-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Widjojo (Oei Tat Hway)       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectioneries, edible ices and ice cream            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Iran

   

 

Trademark    Case Number   

Application

Number/Date

   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2485          37742    Registered
            27-Jul-1982    27-Jul-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International CL. Heading            

CHICO IN OVAL IN COLOR

   C2663          61088    Registered
            15-Jun-1986    15-Jun-2016
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alexander Aghayan & Associates       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PRESERVED, DRIED AND COOKED FRUIT AND FRESH FRUIT AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Iran

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C4050    86111612          Pending
      06-Feb-2008         
Class(es):    03 Int., 05 Int., 10 Int., 16 Int., 35 Int., 39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DR. ALI LAGHAEE & ASSOCIATES    Agent Ref:   

T-86081139791

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 03 Int.            
   BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR LAUNDRY USE; CLEANING, POLISHING, SCOURING AND ABRASIVE PREPARATIONS; SOAPS; PERFUMERY, ESSENTIAL OILS, COSMETICS, HAIR LOTIONS; DENTIFRICES
   Class : 05 Int.            
   PHARMACEUTICAL AND VETERINARY PREPARATIONS; SANITARY PREPARATONS FOR MEDICAL PURPOSES; DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD FOR BABIES; PLASTERS, MATERIALS FOR DRESSINGS; MATERIAL FOR STOPPING TEETH, DENTAL WAX; DISINFECTANTS; PREPARATIONS FOR DESTROYING VERMIN; FUNGICIDES, HERBICIDES
   Class : 10 Int.            
   SURGICAL, MEDICAL, DENTAL AND VETERINARY APPARATUS AND INSTRUMENTS, ARTIFICIAL LIMBS, EYES AND TEETH; ORTHOPEDIC ARTICLES; SUTURE MATERIALS
   Class : 16 Int.            
   PAPER, CARDBOARD AND GOODS MADE FROM THESE MATERIALS, NOT INCLUDED IN OTHER CLASSES; PRINTED MATTER; BOOKBINDING MATERIALS; PHOTOGRAPHS; STATIONERY; ADHESIVES FOR STATIONERY OR HOUSEHOLD PURPOSES; ARTISTS MATERIALS; PAINT BRUSHES; TYPEWRITERS AND OFFICE REQUISITIES (EXCEPT FURNITURE); INSTRUCTIONAL AND TEACHING MATERIALS (EXCEPT APPARATUS); PLASTIC MATERIALS FOR PACKING (NOT INLCUDED IN OTHER CLASSES); PRINTERS TYPES; PRINTING BLOCKS
   Class : 35 Int.            
   ADVERTISING; BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; OFFICE FUNCTIONS
   Class : 39 Int.
   TRANSPORT; PACKAGING AND STORAGE OF GOODS; TRAVEL ARRANGEMENT, PRODUCTION, SELLING, EXPORT FOR SHAMPOOS, EAR PICK, SANITARY PAD, DIAPER, TISSUE PAPER, TOWEL TOILET TISSUE, NAPKIN, GEL, CREAM, HAIR COLOR


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Iran

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1097          37733    Registered
            27-Jul-1982    27-Jul-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alexander Aghayan & Associates    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International CL. Heading            

CHIQUITA & Design (‘86 version)

   C612    7612282          Pending
      07-Mar-1998         
Class(es):    30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alexander Aghayan & Associates    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Classes 30, 31 and 32            

CHIQUITA & OVAL DESIGN

   C1427    7705262       87828    Registered
      02-Aug-1998       24-Oct-1999    02-Aug-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alexander Aghayan & Associates    Agent Ref:   

M.12109

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-56

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved dried and cooked fruit and vegetables, confectionery, edible ices and ice cream, fresh fruits and vegetables, beverages


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country: Iraq

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

    

CHIQUITA

   C3092    44112          Pending   
      19-Jun-2003            
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:    ABU-GHAZALEH/TMP AGENTS       Agent Ref:         
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

     
Owner:    Chiquita Brands, Inc.       First Use Date:         
Goods:    Class : 31 Int.
   FRESH FRUITS AND VEGETABLES

CHIQUITA & Design (‘86 version)

   C3093    44111          Pending   
      19-Jun-2003            
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:          Agent Ref:         
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

     
Owner:    Chiquita Brands, Inc.       First Use Date:         
Goods:    Class : 31 Int.
   FRESH FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Ireland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1201          72348    Registered
            25-Jul-1967    25-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1242          98377    Registered
            24-Sep-1979    24-Sep-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CHIQUITA

   C963          134467    Registered
            10-Oct-1988    10-Oct-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Edible Ices and Ice Cream            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Ireland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1241          98376    Registered
            24-Sep-1979    24-Sep-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref:   

REN/DF00691

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juice (non-fermented), non-alcoholic drinks; syrups, preparations for making beverages

CHIQUITA

   C1196          71083    Registered
            23-Nov-1966    23-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh Fruits and Vegetables            

CHIQUITA

   C1197          71084    Registered
            23-Nov-1966    23-Nov-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Ireland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C990    3729/92       154069    Registered
      13-Jul-1992       13-Jul-1992    13-Jul-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref:   

REN/DF00691

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA & Design (‘86 version)

   C2228          134465    Registered
            10-Oct-1988    10-Oct-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, Dried and Cooked Fruits and Vegetables, Jellies and Jams

CHIQUITA & Design (‘86 version)

   C2229          134466    Registered
            10-Oct-1988    10-Oct-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Edible Ices and Ice Cream


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Ireland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA JUST FRUIT IN A BOTTLE

   C4054             Pending
      12-Mar-2008         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    F.R. Kelly & Co.       Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-284

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

CONSUL

   C2226    501/89       133700    Registered
      30-Jan-1989       30-Jan-1989    30-Jan-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS INC       First Use Date:      
Goods:    Fresh fruit and fresh vegetables            

CONSUL & DESIGN IN RED & YELLOW

   C2227          133701    Registered
            07-Mar-1989    07-Mar-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: Ireland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & DEVICE

   C2202    4379/87       125622    Registered
            11-Dec-1987    10-Dec-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Exportadora de Frutas Pacifico       First Use Date:      
Goods:    Preserved, dried or cooked fruits            

FRUPAC & DEVICE

   C2203    4380/87       125623    Registered
      23-Jun-1987       23-Jun-1987    23-Jun-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Exportadora de Frutas Pacifico       First Use Date:      
Goods:    Fresh fruits            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Italy

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2596    35162C/87       783195    Registered
      24-Jul-1987       30-Jan-1989    24-Jul-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    International CL. Heading            

AMIGO

   C1175    T020021216       639086    Registered
      30-Jun-1992       21-Dec-1994    30-Jun-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in classes 29 and 31            

AMIGO & Design (‘92 version)

   C686    T097C001741       793717    Registered
      27-Jun-1997       25-Oct-1999    27-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHICO & Design (‘90 version)

   C1176    2002C001685       643644    Registered
      30-Jun-1992       28-Feb-1995    30-Jun-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in classes 29 and 31

CHICO & Design (‘90 version)

   C1165    2000C003774       900005    Registered
      19-Jun-1990       12-Jul-1993    19-Jun-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Societa Italiana Brevetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHICO IN OVAL IN COLOR

   C2575    RM2005C004144       715244    Registered
      01-Aug-1985       12-Feb-1987    01-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOCIETA ITALIANA BREVETTI       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C396    TO94C002872       685025    Registered
      25-Oct-1994       25-Jul-1996    25-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Baked goods

CHIQUITA

   C875    37059C/88       819004    Registered
      25-Oct-1988       25-Oct-1988    25-Oct-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOCIETA ITALIANA BREVETTI    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Edible Ices and Ice Cream

CHIQUITA

   C1140    T0963150       754494    Registered
      12-Feb-1987       16-Feb-1987    16-Feb-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:   

M3866/bp

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, Horticultural and Forestry Products and Grains not Included in Other Classes; Living Animals; Fresh Fruits and Vegetables; Seeds; Live Plants and Flowers; Foodstuffs for Animals, Malt


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C1076    T02001C002098       613053    Registered
      24-Jun-1991       26-Jun-1971    24-Jun-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beer, Ale and Porter, Mineral and Aerated Waters and Other Non-Alcoholic Drinks, Syrups and Other Preparations for Making Beverages

CHIQUITA & CHIQUITA BANANA FIGURE

   C1100    378989       882646    Registered
            19-Sep-1979    19-Sep-2009
Class(es):    29 Int, 30 Int, 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BANANAS, FRUIT, PRESERVE BANANAS, PERSERVED FRUIT, ICE CREAMS, PRESERVED, DRIED AND COOKED FRUIT, BREAD, BISCUITS, FLAT CAKES, CONFECTIONERY

CHIQUITA & Design (‘86 version)

   C1139    35349C/87       783484    Registered
      10-Aug-1987       29-Dec-1988    10-Aug-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:   

IT/041231/00

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit drinks, fruit juices and beverages.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1948    TO94C002873       685026    Registered
      25-Oct-1994       25-Jul-1996    25-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Baked goods

CHIQUITA & Design (‘86 version)

   C876    T0982547       819005    Registered
      25-Oct-1988       25-Oct-1988    25-Oct-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:    M 4559/bp   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Edible Ices and Ice Cream

CHIQUITA & Design (‘86 version)

   C1174    T02002C001215       639085    Registered
      30-Oct-1992       21-Dec-1994    30-Jun-2012
Class(es):    29 Int, 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruit and vegetables (31)


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 6

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CIQUITO

   C2514    T02002C002620       411033    Registered
      09-Sep-1982       10-Mar-1986    09-Sep-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Studio Torta       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-109

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRUIT JUICES

CONSUL

   C877    RM99C000505       865768    Registered
      10-Feb-1989       04-May-1992    10-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Societa Italiana Brevetti       Agent Ref:   

IT/043560/00

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS INC.       First Use Date:      
Goods:    Fresh Fruit and Vegetables

CONSUL & Design in color

   C878    RM99C001205       866365    Registered
      17-Mar-1989       06-May-1992    17-Mar-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS INC.       First Use Date:      
Goods:    Fresh Fruits and Vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 7

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

JUST FRUIT IN A BOTTLE

   C4004    MI2006C004225          Pending
      18-Apr-2006          18-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.

JUST FRUIT IN A BOTTLE (BOTTLE DESIGN - BANANA/PINEAPPLE)

   C3307    MI2006C005844          Pending
      31-May-2006          31-May-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-285

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.

JUST FRUIT IN A BOTTLE (BOTTLE DESIGN - BANANA/STRAWBERRY)

   C3306    MI2006C005843          Pending
      31-May-2006          31-May-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-286

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 8

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

JUST FRUIT IN A BOTTLE (BOTTLE DESIGN - MANGO/PASSIONFRUIT)

   C3308    MI2006C005845          Pending
      31-May-2006          31-May-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-284

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.
   C1172    RM2002754      

637268

   Registered

PRIMORA

              
      14-Feb-1992       19-Dec-1994    14-Feb-2012
Class(es):    29 Int, 31 Int, 32 Int       Attorney(s):   

CLR     CCG

  
Agent Name:    Societa Italiana Brevetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-186

  
Owner:    CHIQUITA BRANDS INC.       First Use Date:      
Goods:    Meat fish, poultry and games, meat extracts; preserved, dried and cooked fruits and vegetables’ jellies, jams’ eggs, milk and milk products; edible oils and fats; salad dressings’ preserves (29); Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables’ seeds natural plants and flowers; foodstuffs for animals, malt (31) and beers; mineral and aerated waters and other non-alcoholic drinks’ fruit drinks and fruit juices; syrups and other preparations for making beverages (32)

QUITE POSSIBLY, THE WORLD’S PERFECT FOOD & OVAL DESIGN

   C1162    RM20003246       899488    Registered
      23-May-1990       01-Mar-1993    23-May-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Societa Italiana Brevetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    CHIQUITA BRANDS INC.       First Use Date:      
Goods:    Fresh Fruits and vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 9

Country: Italy

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

SOLO FRUTTA IN BOTTIGLIA

   C4003    MI2006C004224          Pending
      18-Apr-2006          18-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.


 

March 24, 2008

  Trademark List   Page: 1

Country Jamaica

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

AMIGO

   C2248          13858    Registered
            01-Jun-1977    01-Jun-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    LIVINGSTON, ALEXANDER & LEVY       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHICO IN OVAL

   C2407    48141/90       2703489    Registered
      27-Apr-1990       28-Feb-1995    28-Feb-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.
   FRUITS, VEGETABLES, SUGAR CROPS, COPRA, MALT, EDIBLE AQUATIC ANIMALS (LIVE) AND EDIBLE SEAWEEDS

CHIQUITA

   C390    109473/94       4296321    Registered
      27-Oct-1994       16-Jul-1999    16-Jul-2019
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Yuasa & Hara       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    COOKIES AND OTHER CONFECTIONERY, BREAD AND BUNS

CHIQUITA

   C1161    703414/92       588253    Registered
      13-Feb-1992       05-Jun-1962    05-Jun-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruits, vegetables (excluding tea leaves), live fishes and shellfishes for food, seaweeds, tea leaves, plants for sugar production, copra, malts


 

Tuesday, March 25, 2008

  Trademark List   Page: 2

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C2951    39893/98       4290686    Registered
      13-May-1998       02-Jul-1999    02-Jul-2019
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:   

FM-17502SW

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried or cooked fruit and vegetables

CHIQUITA

   C2436    75637/94       3295625    Registered
      26-Jul-1994       25-Apr-1997    25-Apr-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages

CHIQUITA & Design (‘86 version)

   C2950    39894/98       4323373    Registered
      13-May-1998       08-Oct-1999    08-Oct-2019
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables.


 

Tuesday, March 25, 2008

  Trademark List   Page: 3

Country: Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2437    75638/94       3295626    Registered
      26-Jul-1994       25-Apr-1997    25-Apr-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages

CHIQUITA & Design (‘86 version)

   C391    109474/94       4296322    Registered
      27-Oct-1994       16-Jul-1999    16-Jul-2019
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Yuasa & Hara       Agent Ref:    HN, CO-106-2   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    COOKIES AND OTHER CONFECTIONERY, BREAD AND BUNS

CHIQUITA & Design (‘86 version)

   C2500    65227/1995       4022949    Registered
      28-Jun-1995       04-Jul-1997    04-Jul-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Tuesday, March 25, 2008

  Trademark List   Page: 4

Country: Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA IN KATAKANA

   C2080          1058784    Registered
            18-Mar-1974    18-Mar-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    TOKYO AOYAMA OAKI LAW OFFICE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-70

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Meats, eggs, edible marine products, fruits and vegetables and processed foods.

CHIQUITA JR.

   C1413    56005/98       4298368    Registered
      01-Jul-1998       23-Jul-1999    23-Jul-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:   

FM-17620SW

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

CHIQUITA JR. & Design (New)

   C2988    56006/98       4298369    Registered
      01-Jul-1998       23-Jul-1999    23-Jul-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:   

FM-17621SW

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-74

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List   Page: 5

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA with Katakana

   C1495    9353/1991       2697315    Registered
      04-Feb-1991       31-Oct-1994    31-Oct-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ueasa & Hara       Agent Ref:    HN, CT-714-4   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-89

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionery; bread and buns

CONSUL

   C1056    2002-516282       2405557    Registered
      20-Feb-1989       30-Apr-1992    30-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Live fishes and shellfishes for food, seaweeds, vegetables (excluding tea leaves), tea leaves, plants for sugar production, fruits, copra, malts

CONSUL & DESIGN IN COLOR

   C2391    26300/89       2494641    Registered
      08-Mar-1989       29-Jan-1993    29-Jan-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.
   FRESH FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List   Page: 6

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

DESIGN OF OVAL WITH CHIQUITA LADY

   C4002    2006-030596       5010739    Registered
      05-Apr-2006       15-Dec-2006    15-Dec-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:   

C-9804

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-254

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.
   LACTO-ICE, ICE CREAM AND OTHER CONFECTIONERY AND BREAD. FRESH FRUITS AND VEGETABLES

GARDEN

   C2410    13884/92       2720644    Registered
      14-Feb-1992          18-Apr-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30486-134

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in Japanese Class 32 (Meats, eggs, edible marine products, vegetables, fruits and processed foodstuffs)

JUST FRUIT IN A BOTTLE

   C4000    2006-032198       5015413    Registered
      10-Apr-2006       05-Jan-2007    05-Jan-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:   

C-9806

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.
   FRUIT JUICES AND SOFT DRINKS


 

Tuesday, March 25, 2008

  Trademark List   Page: 7

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

OVAL DEVICE IN COLOR

   C1062    103207/89       2467685    Registered
      12-Sep-1989       30-Oct-1992    30-Oct-2012
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-173

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    29: Meats, eggs, edible fishes and shellfishes (excluding live ones), frozen vegetables, frozen fruits, meat products, processed marine products (excluding dried bonito, agar, dried bonito fish flaskes, scraped kelp, dried seaweed, dried edible seaweed, dried “wakame” seaweed, toasted seaweed), dried bonito, agar, dried bonito fish flakes, scraped kelp, dried seaweed, dried edible seaweed, dried “wakame” seaweed, toasted seaweed, processed vegetables and processed fruits, fried bean curd, “koridofu”, konnyaku”, soybean ilk, “tofu”, “natto”, processed eggs, essence for curry, stew or soup, “ochazukenori”, “furikake”, “namemono”
   30: Coffee beans, processed grains, almond paste, “gyoza”, sandwiches, “shumai”, “sushi”, “takoyaki”, meat bun, hamburgers, pizzas, boxed lunches, hot dogs, meat pies, ravioli, yeast powders, “koji”, yeast, baking powders, essence for instant confectionery, “sakekasu”
   31: Live fishes and shellfishes for food, seaweeds, vegetables (excluding tea leaves), tea leaves, plants for sugar production, fruits, copra, malts
   32: Vegetable juices

QUITE POSSIBLY, THE WORLD’S PERFECT FOOD & OVAL DE

   C1073    66071/90       2548685    Registered
      12-Jun-1990       30-Jun-1993    30-Jun-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Asamura Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 31:
   FRESH FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List   Page: 9

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

RRR - THREE R’S & Design

   C908    33429/1981       1798750    Registered
      24-Apr-1981       29-Aug-1985    29-Aug-2015
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Yuasa & Hara       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-203

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 29 Int.
   MEATS, EGGS, EDIBLE FISH & CRUSTACEANS (NOT LIVE), FROZEN FRUITS, FROZEN VEGETABLES, MEAT PRODUCTS, PROCESSED MARINE PRODUCTS (OTHER THAN “DRIED BONITO, AGAR-AGAR, DRIED BONITO FISH FLAKES, SCRAPED KELP, DRIED LAVER (SEAWEED) SHEET, DRIED HIJIKI (DARK BROWN ALGAE), DRIED WAKAME SEAWEED, TOASTED LAVER (SEAWEED) SHEETS, KATSUOBUSHI (DRIED BONITO), AGAR-AGAR, KEZURIBUSHI (DRIED BONITO SHAVINGS), EDIBLE FISH POWDER, TOROROKONBU (SCRAPED KELP), DRIED LAVER, DRIED HIJIKI (DARK BROWN ALGAE), DRIED WAKAME SEAWEED, TOASTED LAVER, PROCESSED VEGETABLES, PROCESSED FRUIT, ABURAAGE OR ABURAGE (FRIED SOYBEAN CURD), KORIDOFU (SOYBEAN CURD FROZEN AND THEN DRIED), KONNYAKU (JELLY MADE FROM DEVIL’S TONGUE ROOT), SOYBEAN MILK, TOFU (SOYBEAN CURD), NATTO (FERMENTED SOYBEANS), PROCESSED EGGS, MIXES FOR CURRY, STEW, AND SOUP, OCHAZUKE-NORI (DRIED LAVER FOR FLAVORING BOILED RICE WITH GREEN TEA), FURIKAKE (SEASONING GRANULES FOR BOILED RICE), NAMEMONO (FERMENTED EDIBLE SOYBEAN PASTE, NOT FOR SOUP)
   Class : 31 Int.
   LIVE FISH AND SHELLFISH FOR FOOD, SEAWEEDS, VEGETABLES (EXCLUDING “TEA LEAVES”), TEA LEAVES, PLANTS FOR SUGAR PRODUCTION, FRUIT COPRA, MALT
   Class : 32 Int.
   VEGETABLE JUICES


 

Tuesday, March 25, 2008

  Trademark List   Page: 9

Country Japan

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

STAY HEALTHY WITH CHIQUITA & FULL LADY DESIGN

   C4001    2006-030597       5010740    Registered
      05-Apr-2006       15-Dec-2006    15-Dec-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Baker & McKenzie, SC       Agent Ref:   

C-9805

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.
   LACTO-ICE, ICE CREAM AND OTHER CONFECTIONERY AND BREAD


 

Tuesday March 25, 2008

  Trademark List   Page: 1

Country: Jordan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1099    37785       37785    Registered
      08-May-1995       08-May-1995    08-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt, and all goods included in this class

CHICO

   C2990    49968       49968    Registered
      23-Jun-1998       23-Jun-1998    23-Jun-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHICO & Design (‘90 version)

   C1416    49977       49977    Registered
      23-Jun-1998       23-Jun-1998    23-Jun-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Tuesday March 25, 2008

  Trademark List   Page: 2

Country: Jordan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1098    37784       37784    Registered
      08-May-1995       08-May-1995    08-May-2012
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices; ice. seeds, natural plants and goods included in this class

CHIQUITA

   C1103    38334       38334    Registered
      08-May-1995       08-May-1995    08-May-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts, preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats and all goods included in this class

CHIQUITA

   C1102    38077       38077    Registered
      07-May-1995       07-May-1995    07-May-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages and all goods included in this class


 

Tuesday March 25, 2008

  Trademark List   Page: 3

Country: Jordan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1101    38076       38076    Registered
      08-May-1995       08-May-1995    08-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultral and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables;

CHIQUITA & Design (‘86 version)

   C661    44584       44584    Registered
      20-Jan-1997    10-Nov-1997    10-Nov-1997    20-Jan-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMES, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS, SALAD DRESSINGS AND PRESERVES, AND ALL GOODS INCLUDED IN THIS CLASS

CHIQUITA & Design (‘86 version)

   C648    44581       44581    Registered
      20-Jan-1997    20-Sep-1997    30-Dec-1997    20-Jan-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 32


 

Tuesday March 25, 2008

  Trademark List   Page: 4

Country: Jordan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C647    44583       44583    Registered
      20-Jan-1997    20-Sep-1997    30-Dec-1997    20-Jan-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 31

CHIQUITA & Design (‘86 version)

   C646    44582       44582    Registered
      20-Jan-1997    20-Sep-1997    30-Dec-1997    20-Jan-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 30

CHIQUITA & Design (‘94 version)

   C569    45360       45360    Registered
      24-Apr-1997    20-Dec-1997    12-Apr-1998    24-Apr-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for International Class 29


 

Tuesday March 25, 2008

  Trademark List   Page: 5

Country: Jordan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘94 version)

   C549    45362       45362    Registered
      24-Apr-1997    20-Dec-1997    12-Apr-1998    24-Apr-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for International Class 30

CHIQUITA & Design (‘94 version)

   C539    45370       45370    Registered
      24-Apr-1997    20-Dec-1997    12-Apr-1998    24-Apr-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for International Class 32


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country Kenya

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1313    46899    5434 P1845    46899    Registered
      12-Jan-1998    16-Aug-2002    11-Aug-2003    12-Jan-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Kenya:    Kaplan & Stratton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages in class 32.

CHIQUITA

   C1312    46898    5434P1845    46898    Registered
      12-Jan-1998    16-Aug-2002    11-Aug-2003    12-Jan-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Kenya:    Kaplan & Stratton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables in class 31.

CHIQUITA & CHIQUITA BANAN FIGURE

   C2800          9490    Registered
            01-Dec-1980    01-Dec-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Kenya:          Agent Refr:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-48

  
Owner:    CHIQUITA BRANDS, INC       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables, jellies, jams, and preserves.


 

Tuesday, March 25, 2008

  Trademark List   Page: 2

Country Kenya

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2901    46901    5434P1845    46901    Registered
      12-Jan-1998    16-Aug-2002    11-Aug-2003    12-Jan-2018
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Kenya:    Kaplan & Stratton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages in class 32.

CHIQUITA & Design (‘86 version)

   C2900    46900    5434 P1845    46900    Registered
      12-Jan-1998    16-Aug-2002    11-Aug-2003    12-Jan-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Kenya:    Kaplan & Stratton       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables in class 31.


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country Kuwait

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1981    31365       29256    Registered
      26-Jun-1995       09-May-1999    26-Jun-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH VEGETABLES AND BANANAS

AMIGO & Design (‘92 version)

   C689    37020       42375    Registered
      30-Jun-1997       13-Nov-2002    30-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

KTT/14806/1072/

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables

CHICO

   C2038    37019       42376    Registered
      30-Jun-1997       13-Nov-2002    30-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits, Kuwaitly bananas


 

Tuesday, March 25, 2008

  Trademark List   Page: 2

Country Kuwait

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO & Design (‘90 version)

   C577    40551       38997    Registered
      27-Jul-1998       01-May-2002    27-Jul-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

CHICO IN OVAL IN COLOR

   C2327    19540       18297    Registered
      30-Oct-1986       30-Oct-1986    28-Oct-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh Fruit and Vegetables

CHIQUITA

   C405    36088       32257    Registered
      31-Mar-1997    27-Feb-2000    28-Sep-2000    31-Mar-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

KTT/14806/290/9

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Flavored drinking water; soft drinks; fruit juices; and fruit drinks


 

Tuesday, March 25, 2008

  Trademark List   Page: 3

Country Kuwait

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2630    6136       5560    Registered
            23-Feb-1983    21-Feb-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA

   C1200          7154    Registered
            28-Dec-1985    26-Dec-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Refr:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    DRIED AND PRESERVED BANANAS

CHIQUITA & Design (‘86 version)

   C613    40357       38983    Registered
      30-Jun-1998       01-May-2002    30-Jun-2018
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Processed bananas


 

Tuesday, March 25, 2008

  Trademark List   Page: 4

Country Kuwait

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C595    40359       38984    Registered
      30-Jun-1998       01-May-2002    30-Jun-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA & Design (‘86 version)

   C594    40358       38985    Registered
      30-Jun-1998       01-May-2002    30-Jun-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Cookies, frozen confections, iced tea

CHIQUITA & Design (‘86 version)

   C416    36089       32261    Registered
      31-Mar-1997    27-Feb-2000    28-Sep-2000    31-Mar-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       D && S Number:   

KTT/14806/291/9

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Flavored drinking water; soft drinks; fruit juices; and fruit drinks


 

Tuesday, March 25, 2008

  Trademark List   Page: 5

Country Kuwait

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BRAND BANANAS & OVAL DESIGN

   C2732    7153       7907    Registered
            28-Dec-1985    25-Dec-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

SUN COCKTAIL

   C668    36665       42769    Registered
      28-May-1997    08-Sep-2002    21-May-2003    28-May-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       D && S Number:   

KTT/14806/617/9

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-218

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices and fruit drinks


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country Kyrgyz Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C433    526       2882    Registered
      23-Aug-1994       30-Jan-1996    23-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Kyrgyz Republic:    Albihns Patentbyra Stockholm A    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C690    972086.3       4465    Registered
      20-May-1997       31-Jul-1998    20-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Kyrgyz Republic:    SOJUS PATENT       Agent Ref:   

T16561-CC/ch

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA

   C377    2609-R       2452    Registered
      31-Jan-1995       20-Mar-1995    17-Feb-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Kyrgyz Republic:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game meat extracts, preserved, dried and cooked fruits, and vegetables; eggs, milk and other dairy products; vegetable oils and edible fats, pickles, agricultural, horticultural and forestry product, etc.


 

Tuesday, March 25, 2008

  Trademark List   Page: 2

Country Kyrgyz Republic

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C614    972150.3       4488    Registered
      08-Jul-1997       31-Aug-1998    08-Jul-2017
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Kyrgyz Republic:    Gorodissky & Partners       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats, in International Class 29.
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice, in International Class 30
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt, in International Class 31

CHIQUITA & Design (‘86 version)

   C389    2610-R       2453    Registered
      31-Jan-1995       20-Mar-1995    23-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Kyrgyz Republic:    Albihns Patentbyra Stockholm A    D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Tuesday March 25, 2008

  Trademark List   Page: 1

Country Latvia

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

AMIGO

   C2851    M-94-1820       M36166    Registered
      29-Aug-1994       20-Feb-1997    29-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruit and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

AMIGO & Design (‘92 version)

   C568    M-97-732       41403    Registered
      08-May-1997       20-Jul-1998    08-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16562

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.


 

Tuesday March 25, 2008

  Trademark List   Page: 2

Country Latvia

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C582    M-97-768       M41095    Registered
      16-May-1997       20-Jun-1998    16-May-2017
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:   

F11-10 

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 30: COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE, YEAST, BAKING POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS); SPICES; ICE
   CLASS 32: BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA

   C2848    M-93-3924       M15296    Registered
      19-Apr-1993       31-May-1994    19-Apr-2013
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts, preserved, dried and cooked fruits, and vegetable oils and edible fats, preserves, pickles (29); Agricultural, horticultural and forestry products and grains not included in other classes, living animals, fresh fruits and vegetables, seeds, live plants and flowers, foodstuffs for animals, malt (31)


 

Tuesday March 25, 2008

  Trademark List   Page: 3

Country Latvia

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C584    M-97-769       M41096    Registered
      16-May-1997       20-Jun-1998    16-May-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:   

F11-11 

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class Headings for International Class 30

CHIQUITA & DESIGN (‘86 VERSION)

   C313    M-92-2513       M31637    Registered
      08-Dec-1992       20-Feb-1996    08-Dec-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES
   CLASS 31: FRESH FRUITS AND VEGETABLES

CHIQUITA & Design (‘86 version)

   C3096    M-92-1761       14526    Registered
      22-Nov-1992       02-May-1994    02-Nov-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 32 Int.            
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.


 

Tuesday March 25, 2008

  Trademark List   Page: 4

Country Latvia

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2853    M-93-9129       M19351    Registered
      29-Dec-1993       20-Jan-1995    29-Dec-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices; syrups and other preparations for making beverages.

CONSUL

   C2850    M-94-1819       M36165    Registered
      29-Aug-1994       20-Feb-1997    29-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Lebanon

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2602          91547    Registered
            11-Aug-1987    11-Aug-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME, DRIED AND COOKED FRUITS AND VEGETABLES, JELLIES, JAMS, EGGS, MILK AND DAIRY PRODUCTS, EDIBLE OILS AND FATS, PRESERVES, PICKLES
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS, FRESH FRUITS AND VEGETABLES, SEEDS, LIVE PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS

AMIGO

   C434    561/280335       64344    Registered
      05-Nov-1994       05-Nov-1994    05-Nov-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultral, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables, seeds; live plants and flowers; foodstuffs for animals, malt

AMIGO & Design (‘92 version)

   C691    72751       72751    Registered
      05-Jul-1997       05-Jul-1997    05-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Lebanon

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL IN COLOR

   C1135    49170       87735    Registered
            24-Jul-1986    24-Jul-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES

CHIQUITA

   C401    66982       66982    Registered
      21-Sep-1995    26-Feb-1996    21-Sep-1995    21-Sep-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Non-alcoholic beverages

CHIQUITA

   C2728    71274       71274    Registered
      11-Jan-1997       11-Jan-1997    11-Jan-2012
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading, Class 30


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Lebanon

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1141          91361    Registered
            11-Aug-1987    11-Aug-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA & Design (‘86 version)

   C402    66983       66983    Registered
      21-Sep-1995    26-Feb-1996    21-Sep-1995    21-Sep-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Non-alcoholic beverages            

CHIQUITA & Design (‘86 version)

   C2729    71275       71275    Registered
      11-Jan-1997       11-Jan-1997    11-Jan-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Headings for Classes 29, 30 and 31


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Lebanon

   

 

Trademark    Case Number    Application
Number/Date
  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C2614          53290    Registered
            26-Sep-1974    26-Sep-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List   Page: 1

Country Libya

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2637          5606    Registered
            29-/Jun-1978
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA

   C349    5320          Registered
      24-Jul-1989       24-Jul-1989    24-Jul-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

BNT     14806

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Preserved, dried and cooked fruit and vegetables

CHIQUITA

   C2636          5605    Registered
            29-Jun-1978   
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List   Page: 2

Country Libya

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1562    11475          Registered
      29-Mar-2000          29-Mar-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Fruit juices and fruit drinks      

CHIQUITA & Design (‘86 version)

   C347    5474          Pending
      28-Dec-1989          28-Dec-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

BNT     14806

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables.

CHIQUITA & Design (‘86 version)

   C1563    11476          Registered
      29-Mar-2000          29-Mar-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices and fruit drinks      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Liechtenstein

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2783          9246    Registered
      23-Aug-1994       13-Feb-1995    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

AMIGO & Design (‘92 version)

   C706    10229       10229    Registered
      14-May-1997       10-Sep-1997    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

CHIQUITA

   C2377          2319    Registered
            10-Apr-1987    10-Apr-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Liechtenstein

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2760    None       8380    Registered
      21-Jul-1992       26-Sep-1992    21-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31); Fruit drinks & fruit juices, non-alcoholic drinks, syrups & other preparations for making beverages (32)

CHIQUITA BRAND BANANAS & DESIGN

   C2383          2398    Registered
            26-Jul-1987    26-Jul-2017
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CONSUL

   C2782          9245    Registered
      23-Aug-1994       13-Feb-1995    23-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Liechtenstein

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

SUN CLASSIC

   C2814          9731    Registered
      17-Jan-1996       24-Apr-1996    17-Jan-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-216

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and carbonated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

TROPICAL PARADISE

   C2815          9732    Registered
      17-Jan-1996       24-Apr-1996    17-Jan-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    REIDERER HASLER & PARTNER    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-234

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and carbonated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Lithuania

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C465    ZP16384       26028    Registered
      05-Aug-1994       25-Nov-1997    05-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:   

V52493/JAF/LCT

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C693    97-1639       33615    Registered
      09-Jun-1997       11-Nov-1999    09-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA

   C583    97-1530       34126    Registered
      29-May-1997       09-Aug-1999    29-May-2017
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:   

F11-10 

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
   32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Lithuania

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C318    2035/RL       6359    Registered
      15-Dec-1992       18-Feb-1993    15-Dec-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH (EXCEPT LIVE), POULTRY; MEAT OF WILD ANIMALS, MEAT OF WILD BIRDS, MEAT EXTRACTS, PRESERVED, DRIED AND COOKED VEGETABLES AND FRUITS, EGGS, MILK AND MILK PRODUCTS, VEGETABLE OILS AND EDIBLE FATS; PRESERVES; PICCALILLI
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND SEEDS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH VEGETABLES AND FRUITS; SEEDS, NATURAL PLANTS AND NATURAL FLOWERS, FOODSTUFFS FOR ANIMALS, MALT

CHIQUITA & Design (‘86 version)

   C585    97-1531       34127    Registered
      29-May-1997       09-Aug-1999    29-May-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Lithuania

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1183    RL1120       6611    Registered
      20-Aug-1992       01-Mar-1993    20-Aug-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 32 Int.
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

CHIQUITA & Design (‘86 version)

   C1039    ZP1782       20258    Registered
      20-Aug-1992       16-Jun-1994    20-Aug-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.A.A. LEGAL SERVICES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)

CONSUL

   C461    ZP16383       26035    Registered
      05-Aug-1994       25-Nov-1997    05-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:   

V52498/JAF/LCT

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Macedonia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C874    Z-1723/94       05223    Registered
      19-Jul-1994       03-Mar-1997    19-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C683    Z-355/97       07936    Registered
      05-May-1997       18-Oct-2001    05-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Macedonia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C615    Z-970461       07780    Registered
      26-Jun-1997       18-Oct-2001    26-Jun-2017
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:   

PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES, MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS (29)

   CONFECTIONERY, EDIBLE ICES AND ICE CREAM, COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE, YEAST, BAKING-POWDER; SALT, MUSTARD; VINEGAR, SAUCES, SPICES, ICE

CHIQUITA

   C472    Z960434       06984    Registered
      12-Jun-1996       12-Jun-1996    12-Jun-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for Making beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Macedonia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C360    Z-970649       07746    Registered
      03-Oct-1997       16-Oct-2001    03-Oct-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

CHIQUITA & Design (‘86 version)

   C2072    134/93       04833    Registered
      04-Mar-1993       06-Sep-1996    04-Mar-2013
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29) ; fresh fruits and vegetables (31); fruit juices, non-alcoholic drinks, syrup and other preparations for making beverages (32).


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Madagascar

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2040    970312       02661    Registered
      19-Aug-1997       23-Feb-1998    18-Aug-2017
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class Heading for Classes 31 and 32

CHIQUITA & Design (‘86 version)

   C600    970313       02662    Registered
      19-Aug-1997       23-Feb-1998    18-Aug-2017
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class Heading for Classes 31 and 32


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Malaysia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C1484    99-05227          Pending
      15-Jun-1999         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tay & Partners       Agent Ref:   

3610/FROST/G/TS

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruit and vegetables, jellies, jams and preserves      

CHIQUITA

   C1483    99-05226       99-05226    Registered
      15-Jun-1999    08-Jun-2006    12-Sep-2006    15-Jun-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tay & Partners       Agent Ref:   

3610/FROST/G/TS

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables      

CHIQUITA & Design (‘86 version)

   C1486    99-05229       99/05229    Registered
      15-Jun-1999    11-May-2006    25-Sep-2006    15-Jun-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tay & Partners       Agent Ref:   

3610/FROST/G/TS

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruit and vegetables, jellies, jams and preserves      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Malaysia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1485    99-05228       99005228    Registered
      15-Jun-1999    15-Jan-2004    20-Jul-2004    15-Jun-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tay & Partners       Agent Ref:   

3610/FROST/G/TS

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C2852    25779       M/32484    Registered
      06-Nov-1959       13-Nov-1959    13-Nov-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruit and vegetables, jellies, jams & preserves.

FRUPAC

   C1226    92/06896       92006896    Registered
      30-Sep-1992       07-Mar-1996    30-Sep-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Malta

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C999          15891    Registered
            19-Sep-1983    19-Sep-2011
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:    MLT 14806/459   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

AMIGO

   2379    23869       23869    Registered
      29-Dec-1994       19-Sep-1995    29-Dec-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt produced by them and/or of their trade

AMIGO & Design (‘92 version)

   C694    27320       27320    Registered
      02-Jul-1997       09-May-1998    02-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:    MLT 14806/453   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:   

Class : 31 Int.

Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Malta

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C998          15890    Registered
            19-Sep-1983    19-Sep-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:    MLT 14806   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES PRODUCED BY THEM AND OF THEIR TRADE

CHIQUITA

   C801    27316       27316    Registered
      02-Jul-1997       18-Sep-1998    02-Jul-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:    MLT/14806   
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beer, ale and porter; mineral and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages, in International Class 32.

CHIQUITA

   C601    27314       27314    Registered
      02-Jul-1997       18-Sep-1998    02-Jul-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

MLT/14806

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jam; eggs, milk and other dairy products; edible oils and fats; preserves, pickles, in International Class 29


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Malta

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2063    42298       42298    Registered
      18-Jun-2004       18-Nov-2004    18-Jun-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE, FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE; YEAST, BAKING POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS); SPICES; ICE

CHIQUITA & Design (‘86 Version)

   C803    27319       27319    Registered
      02-Jul-1997       18-Sep-1998    02-Jul-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

MLT/14806

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beer, ale and porter; mineral and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages, in International Class 32.

CHIQUITA & Design (‘86 version)

   C602    27317       27317    Registered
      02-Jul-1997       18-Sep-1998    02-Jul-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

MLT/14806

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jam; eggs, milk and other dairy products; edible oils and fats; preserves, pickles, in International Class 29


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Malta

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2360    21617       21617    Registered
      17-Jul-1992       26-Feb-1993    17-Jul-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables produced by them and of their trade.

CHIQUITA & Design (‘86 Version)

   C2058    42297       42297    Registered
      18-Jun-2004       08-Nov-2004    18-Jun-2014
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL COFFEE; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY, ICES; HONEY, TREACLE; YEAST, BAKING POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS); SPICES; ICE

CHIQUITA & Design (‘94 version)

   C1296    28494       28494    Registered
      14-Apr-1998       02-Apr-2000    14-Apr-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tonna, Camilleri, Vassallo & C       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making Beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: Malta

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘94 version)

   C1295    28493       28493    Registered
      14-Apr-1998       03-Mar-2004    14-Apr-2012
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tonna, Camilleri, Vassallo & C       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices; ice

CHIQUITA & Design (‘94 version)

   C1294    28492       28492    Registered
      14-Apr-1998       02-Sep-1999    14-Apr-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Tonna, Camilleri, Vassallo & C       D && S Number:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and milk products; edible oils and fats; salad dressings; preserves


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

ALWAYS FRESH. ALWAYS CHIQUITA.

   C1463    364228       603181    Registered
      18-Feb-1999       24-Mar-1999    18-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:   

CGR/remm.

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-6

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables.            

AMIGO

   C1126    141869       465039    Registered
      11-Jun-1992       29-Jun-1994    11-Jun-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C575    298430       555247    Registered
      16-Jun-1997       31-Jul-1997    16-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AVISTA

   C1681    506192       721060    Registered
      10-Sep-2001       30-Oct-2001    10-Sep-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-15

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables.            

CALYPSO BREEZE

   C1118    165481       437135    Registered
      15-Apr-1993       09-Jul-1993    15-Apr-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-29

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables.            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CANTALENE

   C2475          366712    Registered
            10-May-1989    10-May-2014
Class(es):    02 Int., 05 Int., 29 Int., 30 Int., 31 Int., 32 Int.    Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-32

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Class: 02 Int.         
   FOOD COLORING
   Class: 05 Int.
   DIETETIC FOODS, SPECIAL FOODS FOR CHILDREN, SICK AND CONVALESCENT, ENRICHED WITH VITAMINS AND BABIES FOOD
   Class: 29 Int.
   MEAT, FISH, BIRDS AND HUNTING MEAT EXTRACTS, DRIED OR COOKED FRUITS AND VEGETABLES, PRESERVES, JELLES, MARMALADES; EGGS, MILK, MILK PRODUCTS, EDIBLE FATS, SALAD DRESSINGS; PRESERVES
   Class:30 Int
   COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGU, ARTIFICIAL COFFEE, FLOUR, CEREAL PREPARATIONS, BREAD, PASTRIES, CONFECTIONERY, ICE CREAMS, HONEY, MOLASSES SYRUP, YEAST, BAKING POWDER, SALT, MUSTARD, VINEGAR, SPICES AND DRESSING AND SAUCES FOR SALAD
   Class: 31 Int.
   AGRICULTURAL, HORTICULTURAL PRODUCTS, EDIBLE GRAINS, FRESH FRUITS AND VEGETABLES AND MALT
   Class : 32 Int.
   FRUIT JUICES AND POWDERS TO PREPARE DRINKS


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CARIBBEAN SPLASH

   C1119    165482       437136    Registered
      15-Apr-1993       09-Jul-1993    15-Apr-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:   

RYM.Inl.

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-33

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit drinks and fruit juices            

CHICO & Design (‘01 Version)

   C1638    471024       698717    Registered
      14-Feb-2001       18-May-2001    14-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-40

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C1387    332104       580115    Registered
      11-May-1998       29-Jun-1998    11-May-2008
Class(es):    42 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Services rendered for the lodging, lodging and meals by hotels, rooming houses and tourist camps. Likewise, there are included the services rendered to obtain foods and prepared beverages for consumption, that is by means of restaurants, night clubs, saloons and bars.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1117    165480       437134    Registered
      15-Apr-1993       09-Jul-1993    15-Apr-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:   

CGR/lsa

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit beverages and fruit juices            

CHIQUITA

   C2962    334476       580272    Registered
      01-Jun-1998       29-Jun-1998    01-Jun-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; gelatines, jams, compotes, eggs, milk and other dairy products; edible oils and fats, in International Class 29

CHIQUITA

   C1113    142098       424171    Registered
      15-Jun-1992       21-Oct-1992    15-Jun-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, L.L.C.       First Use Date:      
Goods:    Fruit beverages and fruit juices            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 6

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1450    361399       602571    Registered
      25-Jan-1999       26-Feb-1999    25-Jan-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sogo (sic), coffee substitutes; flour and preparations made from cereals, bread, pastry and Confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces; spices; ice and cookies

CHIQUITA & Design (‘86 version)

   C1129    208223       480004    Registered
      11-Aug-1994       22-Nov-1994    11-Aug-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beer, mineral water and other non-alcoholic beverages; fruit drinks, syrups and other preparation to make beverages

CHIQUITA & Design (‘86 version)

   C1451    361400       607039    Registered
      25-Jan-1999       27-Apr-1999    25-Jan-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.       Agent Ref:   

CGR/lsa

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals, bread, pastry and Confectionery, ices; honey, treacle; baking-powder; salt, mustard; pepper, vinegar, sauces; ice; cookies principally


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 7

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1147    144361       526039    Registered
      09-Jul-1992      

15-Jul-1996

   09-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA & Design (‘86 version)

   C1391    334477       582439    Registered
      01-Jun-1998       29-Jul-1998    01-Jun-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; gelatines, jams, compotes, eggs, milk and other dairy products; edible oils and fats, in International Class 29

CHIQUITA & Design (‘94 version)

   C1130    209971       480020    Regestered
      26-Aug-1994       22-Nov-1994    26-Aug-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beer, mineral water and other non-alcholic beverages; fruit drinks, syrups and other preparations to make beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 8

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘94 version)

   C1431    344292       590874    Registered
      19-Aug-1998       26-Oct-1998    19-Aug-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR´bogo.

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and other dairy products; edible oils and fats

CHIQUITA & Design (‘94 version)

   C1432    344291       640358    Registered
      19-Aug-1998       31-Jan-2000    19-Aug-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, COFFEE, SUBSTITUTES, FLOUR AND BREAKFAST CEREAL, BREAD, BISCUITS, CAKES, COOKIES, PASTRY AND CONFECTIONERY ICES, HONEY, TREACLE, YEAST, BAKING POWDER, SALT, MUSTARD, PEPPER, VINEGAR, SAUCES, SPICES, ICE CREAM

CHIQUITA BANANA

   C1676    498705       804760    Registered
      27-Jul-2001       18-Aug-2003    27-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-63

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 9

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA FRESCA Y LISTA

   C4028    809990       993856    Registered
      29-Sep-2006       23-Jul-2007    29-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:   

06M1205

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-288

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES, SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS; MALT

CHIQUITA FRESH AND READY

   C3331    809989       969698    Registered
      29-Sep-2006       25-Jan-2007    29-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-288

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES, SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS; MALT

CHIQUITA FRESH CUT FRUIT & DESIGN

   C3146    635948       829535    Registered
      19-Dec-2003       15-Apr-2004    19-Dec-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-253

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 10

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA JR.

   C1116    715526       914126    Registered
      03-May-2005       16-Dec-2005    03-May-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh Fruit            

CHIQUITA JR. & Design

   C415    225524       530994    Registered
      24-Feb-1995       17-Sep-1996    24-Feb-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-73

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA JR. & Design (new)

   C1154    263239       532153    Registered
      23-May-1996       26-Sep-1996    23-May-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR/lsa

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-74

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 11

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA SOLUCIONES & DESIGN

   C3152    642561       835385    Registered
      18-Feb-2004       31-May-2004    18-Feb-2014
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-257

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 35 Int.            
   MERCHANDISING AND ADVERTISING SERVICES FOR DISTRIBUTORS OF FRESH, FROZEN AND PROCESSED FRUITS AND VEGETABLES

CHIQUITA W/ LADY IN OVAL DESIGN

   C3145    635949       829536    Registered
      19-Dec-2003       15-Apr-2004    19-Dec-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-254

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES

CHIQUITA. EVERYTHING ELSE IS JUST A BANANA.

   C1529    393982       632609    Registered
      07-Oct-1999       29-Oct-1999    07-Oct-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-255

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 12

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. EVERYTHING ELSE IS JUST PRODUCE.

   C309    393983       634182    Registered
      07-Oct-1999       25-Nov-1999    07-Oct-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-94

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

CHIQUITA. A TRADITION OF GOODNESS IN YOUR EVERYDAY LIFE

   C1666    480786       704080    Registered
      11-Apr-2001       26-Jun-2001    11-Apr-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR/mgo.

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-97

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA. PERFECT FOR LIFE.

   C1673    16215       22371    Registered
      02-Jul-2001       30-Aug-2001    02-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-99

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables (slogan)


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 13

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. POSIBLEMENTE, LA COMIDA PERFECTA DEL MUNDO

   C1636    470460       696412    Registered
      12-Feb-2001       25-Apr-2001    12-Feb-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-101

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA- TIZE

   C1465    364220       603177    Registered
      18-Feb-1999       24-Mar-1999    18-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR/remm

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-92

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA- TIZE YOUR WORLD

   C1468    364734       607890    Registered
      23-Feb-1999       29-Apr-1999    23-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR/remm

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-93

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 14

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

COMIENZA SANAMENTE CON CHIQUITA

   C1550    12432       19035    Registered
      26-Jan-2000       24-Mar-2000    26-Jan-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-110

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

COMIENZA SANAMENTE CON CHIQUITA

   C1549    12431       19034    Registered
      26-Jan-2000       24-Mar-2000    26-Jan-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-110

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

COMIENZA SANAMENTE CON CHIQUITA

   C1551    12430       19033    Registered
      26-Jan-2000       24-Mar-2000    26-Jan-2010
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-110

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, sago, coffee substitutes; flour and breakfast cereals, bread, biscuits, cakes, cookies, pastry and confectionery, Ices; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces, spices, ice cream


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 15

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C1095          366967    Registered
      10-May-1984       10-May-1989    10-May-2014
Class(es):    46 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:   

Uhthoff Gomez Vega & Uhthoff, s.c.

   Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Food and ingredients thereof            

CONSUL IN OVAL IN COLOR

   C1094          366713    Registered
      10-May-1984       10-May-1989    10-May-2014
Class(es):   

02 Int., 05 Int., 29 Int., 30 Int., 31 Int., 32 Int.

  

Attorney(s):

  

CLR     CCG

  
Agent Name:   

Uhthoff Gomez Vega & Uhthoff, s.c.

   Agent Ref:      

Client:

   CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  

Owner:

   Chiquita Brands, Inc.       First Use Date:      
Goods:    2: Food coloring
   5: Dietetic foods, special foods for children, sick and convalescent, enriched with vitamins and babies [sic] food
   29: Meat, fish, birds and hunting meat extracts, dried or cooked fruits and vegetables, preserves, jellies, marmalades; eggs, milk, milk products, edible fats, salad dressings; preserves
   30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal preparations, bread, pastries, confectionery, ice creams; honey, molasses syrup, yeast, baking-powder; salt, mustard; vinegar, spices and dressings (except for salads)
   31: Agricultural, horticultural products, edible grains, fresh fruits and vegetables and malt
   32: Fruit juices and powders to prepare drinks


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 16

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

ENERGIZE. MAXIMIZE. CHIQUITA-TIZE

   C1462    364219       603176    Registered
      18-Feb-1999       24-Mar-1999    18-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR/remm.

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-121

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

FLAVOR SAVOR

   C3124    629402       837746    Registered
      13-Nov-2003       17-Jun-2004    13-Nov-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-256

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS AND VEGETABLES

FLAVOR SAVOR

   C3122    629399       837744    Registered
      13-Nov-2003       17-Jun-2004    13-Nov-2013
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-256

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 29 Int.            
   FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF CHEESE, MEAT AND/OR PROCESSED FRUIT; CHEESE, CHEESE SPREADS; MILK, MILK-BASED BEVERAGES, YOGURT AND YOGURT- BASED BEVERAGES; FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF MEAT, FISH, POULTRY, FRUITS AND/OR VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 17

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FLAVOR SAVOR

   C3123    629401          Pending
      13-Nov-2003         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-256

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 30 Int.            
   ICE CREAM, FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF PASTA OR RICE

FRUPAC & Device

   C1122    152312       449673    Registered
      16-Oct-1992       04-Jan-1994    16-Oct-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

FUNANAS

   C1722    560742       761794    Registered
      12-Aug-2002       27-Aug-2002    12-Aug-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-132

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PROCESSED FRUIT AND VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 18

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FUNANAS

   C1723    560743       766820    Registered
      12-Aug-2002       31-Oct-2002    12-Aug-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-132

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES

MELORIPE IN OVAL IN COLOR

   C2476          366968    Registered
            10-May-1989    10-May-2014
Class(es):    46 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-159

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FOOD AND INGREDIENTS THEREOF

MISS CHIQUITA FULL LADY DESIGN

   C1547    398197       637732    Registered
      09-Nov-1999       18-Jan-2000    09-Nov-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-161

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 19

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PERFECT FOR LIFE

   C1711    546200       753902    Registered
      08-May-2002       28-Jun-2002    08-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-182

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

QUITE POSSIBLY THE WORLD’S PERFECT FOOD

   C1136    230552       495719    Registered
      26-Apr-1995       28-Jun-1995    26-Apr-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit, namely bananas            

SUN CLASSICS

   C1131    167249       484408    Registered
      10-May-1993       27-Feb-1995    10-May-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-217

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juices and fruit drinks            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 20

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

THE PERFECT FAST FOOD

   C1710    546676       759793    Registered
      10-May-2002       21-Aug-2002    10-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-230

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

WHEN A LITTLE IS EXACTLY ENOUGH

   C1133    225525       489057    Registered
      24-Feb-1995       25-Apr-1995    24-Feb-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-244

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

YOU CAN’T BEAT A CHIQUITA

   C1501    383889       624513    Registered
      21-Jul-1999       23-Sep-1999    21-Jul-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:   

CGR/remm.

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-251

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 21

Country: Mexico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

YOU NEED A CHIQUITA

   C1500    383888       624512    Registered
      21-Jul-1999       23-Sep-1999    21-Jul-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Uhthoff Gomez Vega & Uhthoff, s.c.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-252

  
Owner:    CHIQUITA BRANDS INC.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Moldova

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2490    003138       3826    Registered
      27-Sep-1994       17-May-1996    27-Sep-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C695    006773       5893    Registered
      14-May-1997       22-Sep-1998    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Moldova

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C596    006839       5930    Registered
      18-Jul-1997       23-Sep-1998    18-Jul-2017
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16959-CC/mw

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats, in International Class 29
   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, balking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice, in International Class 30
   Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt, in International Class 31
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, in International Class 32

CHIQUITA & Design (‘86 version)

   C610    006838       5929    Registered
      18-Jul-1997       23-Sep-1998    18-Jul-2017
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16960-CC/mw

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice, in International Class 30
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, in International Class 32.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Moldova

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2778    000348       922    Registered
      16-Sep-1993       09-Jan-1995    16-Sep-2013
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Monaco

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2792    15863       94.15810    Registered
      27-Oct-1994       27-Dec-1994    27-Oct-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DONALD MANASSE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C2813    18364       97.18268    Registered
      14-May-1997       14-May-1997    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DONALD MANASSE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C2809    017649       96-17570    Registered
      12-Dec-1966       17-Oct-1996    12-Dec-2016
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DONALD MANASSE       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASSES 29 AND 31


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Monaco

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1225          92.14365    Registered
      31-Jul-1992       31-Jul-1992    31-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Curau       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried & cooked fruits & vegetables; fresh fruits & vegetables; fruit drinks & fruit juices, non-alcoholic drinks, syrups & other preparations for making beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Morocco

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2528          41915    Registered
      21-Nov-1988       21-Nov-1988    21-Nov-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    United Brands Company       First Use Date:      

AMIGO

   C2627          55624    Registered
            27-Dec-1994    27-Dec-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C2666          62770    Registered
      20-May-1997       20-May-1997    20-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading Class 31


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Morocco

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2649    59450       59450    Registered
      19-Apr-1996       19-Apr-1996    19-Apr-2016
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Class 30 and 32

CHIQUITA

   C2527          41914    Registered
      21-Nov-1988       21-Nov-1988    21-Nov-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    United Brands Company       First Use Date:      

CHIQUITA & Design (‘86 version)

   C616          63959    Registered
            23-Sep-1997    23-Sep-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Class 31            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Morocco

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2650    59451       59451    Registered
      19-Apr-1996       19-Apr-1996    19-Apr-2016
Class(es):    29 Int., 30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Class 29, 30 and 32      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1
Country: Netherlands Antilles    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1690    D-2490       02406    Registered
      20-Jul-2001       28-Jul-1997    14-Apr-2017
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for Classes 31 and 32      

CHIQUITA & Design (‘86 version)

   C1691    D-2492       02408    Registered
      20-Jul-2001       28-Jul-1997    14-Apr-2017
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Elzas Noordzij       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for Classes 31 and 32      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1
Country: New Zealand    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO & Design (‘92 version)

   C1047    220671       220671    Registered
      17-Aug-1992       18-Sep-1996    17-Aug-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.J. Park       Agent Ref:   

T310322TMR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables.

CHICO IN OVAL IN COLOR

   C1046    220672       220672    Registered
      17-Aug-1992       18-Sep-1996    17-Aug-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.J. Park       Agent Ref:   

T310323TMR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables.            

CHIQUITA

   C2973    293374       293374    Registered
      08-Jun-1998    24-Sep-1998    22-Jan-1999    08-Jun-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:   

CH152580 011

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: New Zealand

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2972    293373       293373    Registered
      08-Jun-1998       08-Jan-1999    08-Jun-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:   

CH152580010

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CONFECTIONERY, EDIBLE ICES AND ICE CREAM; TEA

CHIQUITA

   C2755    82713       82713    Registered
      14-Nov-1966       14-Nov-1987    14-Nov-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables

CHIQUITA

   C1210    82714       82714    Registered
      14-Nov-1966       14-Nov-1987    14-Nov-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: New Zealand

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2974    293375       293375    Registered
      08-Jun-1998    28-Jul-1998    04-Dec-1998    08-Jun-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:   

CH152580 012

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CONFECTIONERY, EDIBLE ICES AND ICE CREAM; TEA

CHIQUITA & Design (‘86 version)

   C2322          173562    Registered
      17-Jul-1987       16-Jul-1990    17-Jul-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit drinks and fruit juices.

CHIQUITA & Design (‘86 version)

   C2321          173561    Registered
            17-Jul-1987    17-Jul-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C       First Use Date:      
Goods:    Fresh fruit and vegetables.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: New Zealand

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2320    173560       173560    Registered
      17-Jul-1987       16-Jul-1990    17-Jul-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables, jellies, jam preserves.

CHIQUITA JUNIOR

   C1055    236019       236019    Registered
      15-Apr-1994       21-May-1997    15-Apr-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bell Gully       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables

CONSUL & Design

   C1042    210557       210557    Registered
      30-May-1991       12-Aug-1994    30-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    A.J. Park       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1
Country: Nicaragua    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1577    2000-03244       55343    Registered
      15-May-2000       20-Aug-2002    19-Aug-2012
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alvarado Y Asociados       Agent Ref:   

0786.001

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA & Design (‘86 version)

   C1578    2000-03243       57754    Registered
      24-Apr-2000       20-May-2003    20-May-2013
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alvarado Y Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

GREAT WHITE FLEET

   C1520    99-02973       54092    Registered
      03-Sep-1999       28-May-2002    27-May-2012
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alvarado Y Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Nicaragua

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET & Design

   C1519    99-02975       54091    Registered
      03-Sep-1999       28-May-2002    27-May-2012
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Alvarado Y Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1
Country: Nigeria    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2060    TP35821    3 Vol. 3    64331    Registered
      02-Apr-1998    22-Jul-2002    07-Sep-2004    02-Apr-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BENTLEY, EDU & CO       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for International Classes 31

CHIQUITA

   C1402    TP35822       59393    Registered
      02-Apr-1998       15-May-2003    02-Apr-2019
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BENTLEY, EDU & CO       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 32

CHIQUITA & Design (‘86 Version)

   C2061    TP35824    1 Vol 1    59389    Registered
      02-Apr-1998    10-Jun-2002    02-Apr-1998    02-Apr-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BENTLEY, EDU & CO       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Headings for International Classes 31


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Nigeria

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 Version)

   C1403    TP35823       59387    Registered
      02-Apr-1998       02-Apr-1998    02-Apr-2019
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BENTLEY, EDU & CO    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    ALL GOODS IN CLASS 32


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Norway

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C969    884584       140852    Registered
      11-Oct-1988      

29-Mar-1990

   29-Mar-2010
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS    Agent Ref:   

B88482KB

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    30: Confectionery, edible ices, ice-cream
   32: Fruit juices & non-alcoholic beverages

CHIQUITA

   C2727    91099       71807    Registered
      23-Nov-1966      

27-Apr-1967

   27-Apr-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ZACCO (HOFMAN-BANG ZACCO)    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      

CHIQUITA & Design (‘86 version)

   C973    884583       142736    Registered
   Norway    11-Oct-1988      

06-Sep-1990

   06-Sep-2010
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Confectionery, edible ices and ice cream in class 30; fruit juices and non-alcoholic beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Norway

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration Number/
Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C617    975233       189692    Registered
      27-Jun-1997       30-Apr-1998    30-Apr-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS

CHIQUITA & Design (‘86 version)

   C2306    923564       158994    Registered
      14-Jul-1992       26-Aug-1993    26-Aug-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Fresh Fruits and Vegetables

CHIQUITA MINIS & DESIGN

   C4026    200608600       238415    Registered
      11-Aug-2006       20-Mar-2007    20-Mar-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS       Agent Ref:   

T6061371NO00 SSO/IED

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-260

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH BANANAS            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Norway

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C1155    67609       54284    Registered
      21-Aug-1959       21-Aug-1959    21-Aug-2009
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Bryns Zacco AS (Was Patentkont       Agent Ref:   

B94549 ACM

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-90

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Bananas, fruit, banana and fruit sauces, ice cream & baking products

CONSUL

   C975    890718       143326    Registered
      16-Feb-1989       08-Nov-1990    08-Nov-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Fresh fruit and fresh vegetables

CONSUL & Design in color

   C974    890924       142809    Registered
      01-Mar-1989       13-Sep-1990    13-Sep-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Fresh fruit and fresh vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Norway

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration Number/Date   

Status

Next Renewal

JUST FRUIT IN A BOTTLE

   C4027    200608601       238416    Registered
      11-Aug-2006       20-Mar-2007    20-Mar-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zacco Norway AS       Agent Ref:   

T60601370NO00 SSO/IE

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-283

  
Owner:    CHIQUITA BRANDS L.L.C    First Use Date:      
Goods:    Class : 32 Int.
   FRUIT JUICES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Oman

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C451    10188       10188    Registered
      20-Jul-1994       05-Aug-2001    20-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    ALL GOODS IN CLASS 31 INCLUDING FRESH FRUITS AND VEGETABLES

AMIGO & Design (‘92 version)

   C696    15736    723    15736    Registered
      18-May-1997    15-Jul-2002    09-Feb-2003    18-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruit and vegetables

CHICO

   C576    15825    723    15825    Registered
      25-May-1997    15-Jul-2002    09-Feb-2003    25-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Class Heading for International Class 31


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Oman

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL

   C581    15826    723    15826    Registered
      25-May-1997    15-Jul-2002    09-Feb-2003    25-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Class Heading for International Class 31

CHIQUITA

   C652    15461    724    15461    Registered
      30-Mar-1997    03-Aug-2002    11-Mar-2003    30-Mar-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Class 32 Heading

CHIQUITA

   C333    4712       4712    Registered
      18-Sep-1990    01-Jul-1998    07-Nov-1998    18-Sep-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruit and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Oman

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C653    15462    724    15462    Registered
      30-Mar-1997    03-Aug-2002    11-Mar-2003    30-Mar-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Class 32 Heading

CHIQUITA & Design (‘86 version)

   C1727    4713       4713    Registered
      18-Sep-1990    01-Jul-1998    07-Nov-1998    18-Sep-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Fresh fruit and vegetables.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Pakistan

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1302    145428       145428    Registered
      11-Dec-1997    05-Jul-2003    20-Aug-2004    11-Dec-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fatehali W. Vellani       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA

   C1284    145427    581 6/99 P. 2297    145427    Registered
      11-Dec-1997    06-Feb-2002    04-Jan-2003    11-Dec-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fatehali W. Vellani       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Class Headings for International Class 31

CHIQUITA & Design (‘86 version)

   C1303    145426       145426    Registered
      11-Dec-1997    22-Jun-2002    24-Oct-2003    11-Dec-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fatehali W. Vellani       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    BEERS, MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Pakistan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1283    145425    583P207    145425    Registered
      11-Dec-1997    22-Mar-2002    29-Sep-2003    11-Dec-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fatehali W. Vellani       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 1

Country: Panama

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C962    13291       13243    Registered
      15-May-1970       12-Mar-1971    12-Mar-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Banana products, fresh fruits , vegetables, all kind of fruits.

AMIGO & Design (‘92 version)

   C334    090226       90226    Registered
      26-Sep-1997       26-Sep-1997    26-Sep-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:   

97-6111

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

BANAVAC

   C1708    121202       121202    Registered
      29-May-2002    31-Oct-2002    25-Jul-2003    29-May-2012
Class(es):    16 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-20

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Packaging


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 2

Country: Panama

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO IN OVAL

   C1156    55220       55220    Registered
      04-Dec-1990       23-Dec-1991    23-Dec-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits

CHIQUITA

   C1152    53188       53188    Registered
      16-May-1990       27-May-1991    27-May-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Banana Puree

CHIQUITA

   C1153    53189       53189    Registered
      16-May-1990       27-May-1991    27-May-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 3

Country: Panama

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1579    107794    108    107794    Registered
      05-Jun-2000    30-Apr-2001    17-Oct-2001    05-Jun-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA

   C3085    124990-01       124990 01    Registered
      08-Jan-2003    14-May-2003    03-Dec-2003    08-Jan-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Arias, Fabrega & Fabrega       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 32 Int.
   FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS

CHIQUITA & Design (‘86 version)

   C1151    53186       53186    Registered
      16-May-1990       24-Apr-1992    24-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 4

Country: Panama

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design ('86 version)

   C3086    124898-01       124898 01    Registered
      08-Jan-2003    14-May-2003    27-Nov-2003    08-Jan-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Arias, Fabrega & Fabrega       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc       First Use Date:      
Goods:    Class : 32 Int.            
   FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS

CHIQUITA & Design (‘86 version)

   C1580    107791    108    107791 01    Registered
         05-Jun-2000    30-Apr-2001    14-Sep-2001
              

05-Jun-2010

Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Freight transportation by ship and truck

CHIQUITA & DESIGN (‘94 VERSION)

   C3087    124899-01       124899 01    Registered
      08-Jan-2003    14-May-2003    27-Nov-2003    08-Jan-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Arias, Fabrega & Fabrega       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc       First Use Date:      
Goods:    Class : 32 Int.         
   FRUIT JUICES AND FRUIT DRINKS; VEGETABLE JUICES AND VEGETABLE DRINKS


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 5

Country: Panama

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C2668    62404       62404    Registered
      14-Aug-1992       08-Mar-1994    08-Mar-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CONSUL & Design in color

   C2670    62409       62409    Registered
      14-Aug-1992       08-Mar-1994    08-Mar-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Benedetti & Benedetti       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

GREAT WHITE FLEET

   C1538    104758    107    104758 01    Registered
      07-Jan-2000    29-Sep-2000    30-Aug-2001    07-Jan-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Arias, Fabrega & Fabrega       Agent Ref:   

312525-J

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck         


 

Thursday, March 27, 2008

  Trademark List by Country   Page: 6

Country: Panama

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

GREAT WHITE FLEET & Design

   C1539    104757    107    104757 01    Registered
      07-Jan-2000    29-Sep-2000    30-Aug-2001    07-Jan-2010
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Arias, Fabrega & Fabrega       Agent Ref:   

312526-J

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:      
Goods:    Freight transportation by ship and truck

MARITROP (Trade name)

   C1502    100868       100868 01    Registered
      28-May-1999       03-Apr-2001    28-May-2009
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Arias, Fabrega & Fabrega       Agent Ref:   

5758-M-11096-1

  
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-156

  
Owner:    Maritop Trading Company       First Use Date:      
Goods:    COMMERCIAL ESTABLISHMENT ENGAGED IN THE BUSINESS OF PROVIDINF PURCHASING AND LOGISTIC SERVICES THROUGHOUT THE WORLD


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Paraguay

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C989    2632/2002       247781    Registered
      18-Nov-1991       25-May-1992    25-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Berkemeyer       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods            

CHIQUITA

   C988    16349/91       247782    Registered
      18-Nov-1991       25-May-1992    25-May-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Berkemeyer       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 29 INCLUDING MEATS, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; EGGS, MILK AND OTHER DAIRY PRODUCTS; EDIBLE OILS AND FATS, PRESERVES, PICKLES

CHIQUITA

   C493    8673       196346    Registered
      05-Jul-1991       27-Aug-1997    27-Aug-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Berkemeyer       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods expressly excluding cocoa, preparations with cocoa, confectionery, chocolate, sweets, sugar, ice-creams


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Peru

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1215          86793    Registered
            03-Sep-1990    03-Sep-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Rodrigo, Elias & Medrano       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BEVERAGES            

CHIQUITA & Design (‘86 version)

   C1214          86792    Registered
            03-Sep-1990    03-Sep-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Rodrigo, Elias & Medrano       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

FRUPAC & DEVICE

   C2066    210641       000366    Registered
      20-Oct-1992       23-Jun-1993    23-Jun-2013
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Philippines

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C628    00124170    Vol. V No. 1    4-1997-124170    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit and vegetable juices and drinks

CHIQUITA

   C627    00124169    Vol. V No. 1    4-1997-124169    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA

   C626    00124168    Vol. V No. 1    4-1997-124168    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectionery, edible ices and ice cream


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Philippines

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C625    00124167    Vol. V No. 1    4-1997-124167    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables

CHIQUITA & Design (‘86 version)

   C624    00124166    Vol. V No. 1    4-1997-124166    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages            

CHIQUITA & Design (‘86 version)

   C623    00124165    Vol. V No. 1    4-1997-124165    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Philippines

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C622    00124163    Vol. V No. 1    4-1997-124163    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.    First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables

CHIQUITA & Design (‘86 version)

   C611    00124164    Vol. V No. 1    4-1997-124164    Registered
      29-Aug-1997    03-Jun-2002    04-Jul-2002    04-Jul-2022
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    V. E. Del Rosario & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectionery, edible ices and ice cream


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Poland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C466    Z-136181       101382    Registered
      21-Jul-1994       15-Sep-1998    21-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables      

CHICO IN OVAL IN COLOR

   C2665    Z-83040       61435    Registered
      12-Aug-1985       12-Aug-1985    12-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS, L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables      

CHIQUITA

   C2622    Z-74467       54202    Registered
      22-May-1975       22-May-1985    22-May-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    PROCESSED BANANA PUREE   


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Poland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status Next
Renewal

CHIQUITA

   C2577    Z-6585       46546    Registered
      29-Nov-1966       29-Nov-1986    29-Nov-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas            

CHIQUITA

   C423    Z-149547       103465    Registered
      20-Jul-1995       12-Oct-1998    20-Jul-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages            

CHIQUITA

   C629    Z-176464       122245    Registered
      30-Jul-1997       09-Jan-2001    30-Jul-2017
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:   

ZT/11/21531/97

Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:   

29L Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Poland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C407    Z-149671       102583    Registered
      24-Jul-1995       24-Jul-1995    24-Jul-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:   

REJ-102583/AB

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages            

CHIQUITA & Design (‘86 version)

   C1250    Z-111994       78966    Registered
      29-Jul-1992       24-Oct-1994    29-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Polservice       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32).

CONSUL

   C2777    Z-136180       92125    Registered
      22-Jul-1994       30-Oct-1996    22-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Patpol Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Poland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL & Design

   C1249    Z-104935       R-77306    Registered
      10-Jan-1992       16-Jun-1994    10-Jan-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Polservice       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Portugal

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C336    277502-B       277502-B    Registered
      15-Oct-1991       02-Jul-1998    02-Jul-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:   

DJ/AK/MB

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables.            

CHICO IN OVAL IN COLOR

   C1053    231676       231676    Registered
      24-Sep-1985       01-Sep-1994    01-Sep-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C972          141104    Registered
      28-Feb-1967       18-Mar-1968    18-Mar-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Portugal

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1007          171598    Registered
      21-Oct-1971       25-Jul-1979    25-Jul-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:   

A           1595

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved bananas.         

CHIQUITA

   C1067    251179       251179    Registered
      11-Nov-1988       07-Jul-1992    07-Jul-2012
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream      

CHIQUITA

   C1068    251180       251180    Registered
      11-Nov-1988       07-Jul-1992    07-Jul-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juices and non-alcoholic beverages      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Portugal

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1069    251181       251181    Registered
      11-Nov-1988       07-Jul-1992    07-Jul-2012
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream      

CHIQUITA & Design (‘86 version)

   C1078    284990C       284990C    Registered
      31-Jul-1992       28-Apr-1994    28-Apr-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:   

A           1595/65147

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables      

CHIQUITA & Design (‘86 version)

   C1070          251182    Registered
      11-Nov-1988       07-Jul-1992    07-Jul-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juices and beverages      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Portugal

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BRAND BANANAS & OVAL DESIGN

   C978    145234       145234    Registered
      19-Oct-1967       19-Nov-1968    19-Nov-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:   

JM/A   1 595

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-52

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas      

CONSUL

   C1071          253550    Registered
      23-Feb-1989       17-Jul-1992    17-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables      

CONSUL & Design in color

   C1072    254539       254539-E    Registered
      05-Apr-1989       02-Oct-1992    02-Oct-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gastao Da Cunha       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: Portugal

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

COOKIE SHAPE Design

   C1949    26471          Pending
      25-Oct-1994         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-115

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    cookies            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Puerto Rico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2730          7136    Registered
            25-Feb-1984    25-Feb-2014
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Reichard, Calaf & Walker       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CENTINEL

   C1292             Unfiled
Class(es):    20 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Guerrero Noble       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

CHIQUITA

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Garbage bags (International Class 20)            

CHIQUITA

   C2742          7440    Registered
            01-Mar-1988    01-Mar-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Puerto Rico

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA & Design (‘86 version)

   C2741          7439    Registered
            31-May-1988    31-May-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS            
First Use Date:               


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Qatar

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

AMIGO

   C435    12160    93    12160    Registered
      23-Jul-1994    07-Jul-2000    12-Mar-2001    23-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C697    16689       16689    Registered
      01-May-1997    07-May-2004    14-Dec-2004    01-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO

   C580    16765       16765    Registered
      17-May-1997    07-Feb-2004    21-Jul-2004    17-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Qatar

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHICO & Design (‘90 version)

   C564    16766       16766    Registered
      17-May-1997    07-Feb-2004    21-Jul-2004    17-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO IN OVAL IN COLOR

   C2625    5440       5440    Registered
      16-Jun-1986       16-Jun-1986    16-Jun-2016
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASSES 29 AND 31            

CHIQUITA

   C994          1562    Registered
            07-Jun-1981    07-Jun-2011
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Qatar

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA

   C1269    17813       17813    Registered
      15-Nov-1997    07-Apr-2004    16-Aug-2004    15-Nov-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

CHIQUITA & Design (‘86 version)

   C630    17124       17124    Registered
      29-Jun-1997    07-Mar-2004    27-Jul-2004    29-Jun-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables

CHIQUITA & Design (‘86 version)

   C2045    17091       17091    Registered
      29-Jun-1997    07-Mar-2004    27-Jul-2004    29-Jun-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Qatar

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA & Design (‘86 version)

   C2044    17090       17090    Registered
      29-Jun-1997    07-Mar-2004    27-Jul-2004    29-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA & Design (‘86 version)

   C2043    17089       17089    Registered
      29-Jun-1997    07-Mar-2004    27-Jul-2004    29-Jun-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 30 INCLUDING CONFECTIONERY, EDIBLE ICES AND ICE CREAM


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Korea, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2545          42609    Registered
            30-Jul-1985    29-Jul-2015
Class(es):    02 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BANANAS            

CHICO

   C1050    36315/90       228585    Registered
      12-Dec-1990       18-Dec-1991    18-Dec-2011
Class(es):    02 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Oranges, melons, bananas, pineapples, lemons, wheat flour, white potatoes, sugar cane, canned fruits and sandwiches.


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Korea, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHICO IN OVAL

   C1054    12270/2001       233544    Registered
      07-Feb-1991       04-Mar-1992    04-Mar-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-43

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 29 Int.
   CANNED FRUIT
   Class : 30 Int.
   WHEAT FLOUR AND SANDWICHES
   Class : 31 Int.
   ORANGES, MELONS, BANANAS, PINEAPPLES, LEMONS, WHITE POTATOES AND SUGAR CANE

CHIQUITA

   C2958    13058/1998       444516    Registered
      20-May-1998       18-Mar-1999    18-Mar-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PROCESSED BANANAS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Korea, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA

   C2525    540/1995       41642    Registered
            23-Mar-1985    22-Mar-2015
Class(es):    02 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    BANANAS            

CHIQUITA

   C2443    94-50223       336682    Registered
      16-Dec-1994       04-Apr-1996    04-Apr-2016
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    KIM & CHANG       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.
   GUAVA TEA, PAPAYA TEA, PASSION FRUIT TEA, PINEAPPLE KIWI TEA, MANGO TEA
   Class : 32 Int.
   BLENDED FRUIT JUICES, LEMONADE


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Korea, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2440    94-45723       335599    Registered
      17-Nov-1994       20-Mar-1996    20-Mar-2016
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Kim & Chang       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 30 Int.
   GUAVA TEA, PAPAYA TEA, PASSION FRUIT TEA, PINEAPPLE KIWI TEA, AND MANGO TEA
   Class : 32 Int.
   BLENDED FRUIT JUICES, AND LEMONADE

CHIQUITA & Design (‘86 version)

   C2959    13059/1998       444517    Registered
      20-May-1998      

18-Mar-1999

   18-Mar-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PROCESSED BANANAS            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 5

Country: Korea, Republic of

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2403    534/92       264877    Registered
      10-Jan-1992       01-Jun-1993    01-Jun-2013
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    S.Y. Cha Patent Office       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class : 29 Int.
   CANNED FRUITS      
   Class : 30 Int.      
   WHEAT FLOUR AND SANDWICHES   
   Class : 31 Int.
   BANANAS, MANDARIN ORANGES, LEMONS, APPLES, LETTUCE, MELONS AND SUGAR CANE

CHIQUITA in Korean Characters

   C1310    87-1110       152403    Registered
      21-Jan-1987       26-Jan-1988    26-Jan-2018
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Kim & Chang       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-71

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class 30 Int. Green tea, black tea, coffee, cocoa, and ice
  

Class : 32 Int.

           
   Soda pop, concentrated fruit juice for beverages, orange juice, ginger ale, and mineral water


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Yemen, Republic of

   

 

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1185    8140       6648    Registered
      10-Feb-1996       05-Apr-1997    10-Feb-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C655    10295       8724    Registered
      06-May-1997       18-Mar-1998    06-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

SNT/14806/99

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHICO IN OVAL IN COLOR

   C2599    2239       5055    Registered
      20-Sep-1986       18-Jul-1996    20-Sep-2016
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruit (29); Fresh fruit and vegetables (31).      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Yemen, Republic of

   

 

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1194    8115       6956    Registered
      03-Feb-1996       18-Jun-1997    03-Feb-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages         

CHIQUITA

   C1188    8116       6700    Registered
      03-Feb-1996       05-Apr-1997    03-Feb-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables   

CHIQUITA

   C1186    8132       6670    Registered
      03-Feb-1996       05-Apr-1997    03-Feb-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:   

SNT/14806/99

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices; ice.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Yemen, Republic of

   

 

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C1184    8214       6641    Registered
      24-Feb-1996       05-Apr-1997    24-Feb-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables      

CHIQUITA & Design ('86 version)

   C621    10779       9039    Registered
      05-Jul-1997    01-Jan-1998    22-Jul-1998    05-Jul-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Class 29      

CHIQUITA & Design (‘86 version)

   C592    10780       9040    Registered
      05-Jul-1997    01-Jan-1998    22-Jul-1998    05-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Class 32      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Yemen, Republic of

   

 

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C591    10781       9041    Registered
      05-Jul-1997    01-Jan-1998    22-Jul-1998    05-Jul-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Class 31            

CHIQUITA & Design (‘86 version)

   C590    10782       9042    Registered
      05-Jul-1997    01-Jan-1998    22-Jul-1998    05-Jul-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Class 30            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Romania

   

 

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1248    6860/67       R2959    Registered
      22-Aug-1982       11-Jul-1994    22-Aug-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA

   C1251    2214/67       R2790    Registered
            23-Mar-1982    23-Mar-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Rominvent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Foods and food products, including preserved and frozen fruits and vegetables (29); foods and food products (30); and fresh fruits and vegetables (31)

CHIQUITA

   C642    42352       29782    Registered
      29-Jan-1997       29-Jan-1997    29-Jan-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:    Rominvent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for Class 32         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Romania

   

 

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1020    27523       18971    Registered
      07-Aug-1992       14-Dec-1995    07-Aug-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Rominvent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Russian Federation

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2239    94026384       136241    Registered
      27-Jul-1994       25-Jan-1996    27-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Gorodissky & Partners       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

AMIGO & Design (‘92 version)

   C698    97706827       175123    Registered
      14-May-1997       19-May-1999    14-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables

CHIQUITA

   C2456          34404    Registered
            17-Feb-1987    17-Feb-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Russian Federation

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2277    95708244       146440    Registered
      25-Jul-1995       30-Aug-1996    25-Jul-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages

CHIQUITA & Design (‘86 version)

   C951    164426       117232    Registered
      18-Aug-1992       28-Jan-1994    18-Aug-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name :    Gorodissky & Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS , INC.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); Fresh fruits and vegetables (31)

CHIQUITA & Design (‘86 version)

   C2276    95708243       146439    Registered
      25-Jul-1995       30-Aug-1996    25-Jul-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages            


 

Tuesday, March 25, 2008

  Trademark List   Page: 3

Country: Russian Federation

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA (in Cyrillic)

   C787    97716535       172901    Registered
      31-Oct-1997       10-Mar-1999    31-Oct-2017
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:   

2406-57189/97

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-58

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for Classes 29, 31 and 32

CHIQUITA (in Cyrillic)

   C3036    97716449       172898    Registered
      30-Oct-1997       10-Mar-1999    30-Oct-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:   

2406-57444/97

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-58

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for 32


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Saudi Arabia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO

   C578    38874       443/87    Registered
      20-May-1997    08-May-1998    10-Aug-1998    10-Oct-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.

CHICO & Design (‘90 version)

   C586    38876       443/75    Registered
      20-May-1997    08-May-1998    10-Aug-1998    10-Oct-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for International Class 31

CHICO IN OVAL IN COLOR

   C2308          160/87    Registered
      30-Aug-1986       14-Mar-1987    02-Oct-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    NASSIR KADASA       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Saudi Arabia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1011          176/78    Registered
      10-Oct-1987       28-Feb-1988    12-Nov-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit drinks and fruit juices

CHIQUITA

   C1018          181/99    Registered
      28-Nov-1987       12-Jun-1988    02-Jan-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Ices, confectionary and ice cream

CHIQUITA

   C1010          176/77    Registered
      10-Oct-1987       28-Feb-1988    12-Nov-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Saudi Arabia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2607          51/62    Registered
      28-Nov-1973       12-Aug-1983    17-Sep-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas

CHIQUITA & Design (‘86 version)

   C631    39807       443/71    Registered
      14-Jul-1997    08-May-1998    10-Aug-1998    05-Dec-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

CHIQUITA & Design (‘86 version)

   C1014          177/15    Registered
      17-Oct-1987       12-Mar-1988    19-Nov-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Ices, confectionary and ice cream.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Saudi Arabia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design ('86 version)

   C1013          176/80    Registered
      10-Oct-1987       28-Feb-1988    13-Nov-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables.

CHIQUITA & Design (‘86 version)

   C1012          176/79    Registered
      10-Oct-1987       28-Feb-1988    12-Nov-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Samir Shamma       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit drinks and fruit juices

CHIQUITA WITH ARABIC LOGO

   C4035    113000          Pending
      27-Jan-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BAZAR       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.
   FROZEN FRUITS AND VEGETABLES; BAGGED SALADS; READY TO COOK MEALS


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: Saudi Arabia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA WITH ARABIC LOGO

   C4036    113001       943/20    Registered
      27-Jan-2007    18-May-2007    09-Sep-2007    05-Oct-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BAZAR       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS; FRESH VEGETABLES

CHIQUITA WITH ARABIC LOGO

   C4037    113002          Pending
      27-Jan-2007         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BAZAR       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 32 Int.
   FRUIT JUICES AND FRUIT DRINKS

CHIQUITA WITH ARABIC LOGO

   C4038    113003       939/82    Registered
      27-Jan-2007       23-Aug-2007    05-Oct-2016
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BAZAR       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 43 Int.
   RESTAURANT SERVICES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 6

Country: Saudi Arabia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC & DEVICE

   C1079    19254       287/9    Registered
      07-Nov-1992       19-Jun-1993    14-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Serbia (Old Code)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C1015    Z-595/67       17775    Registered
      11-Dec-1967       27-Jun-1968    27-Jun-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    United Brands Company       First Use Date:      
Goods:    In Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves, picklesl In Class 31: Agricultural, horticultural and forestry products and grains; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.

CHIQUITA

   C991    Z-384/61       15538    Registered
      28-Dec-1961       03-Jul-1992    03-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    In Class 29: Food articles in general, processed bananas and preserved fruits; Class 31: Fresh bananas; Class 32: Fruit juices

CHIQUITA & Design (86 version)

   C1105    Z-1067/92       39559    Registered
      11-Sep-1992       16-May-1996    11-Sep-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, Dried and Cooked Fruits and Vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non- alcoholic drinks, syrups and other preparations for making beverages.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Singapore

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2985    5197/98       T98/05197E    Registered
      28-May-1998       28-May-1998    28-May-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C2983    5196/98       T98/05196G    Registered
      28-May-1998       28-May-1998    28-May-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Confectionery, edible ices and ice cream; tea.

CHIQUITA

   C2975    5195/98       T98/051951    Registered
      28-May-1998       28-May-1998    28-May-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Singapore

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1410    5198/98    040/2002 P. 38    T98/05198C    Registered
      28-May-1998    25-Jun-2002    17-Nov-2003    28-May-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRUIT JUICES AND FRUIT DRINKS

CHIQUITA & Design (‘86 version)

   C2986    5201/98    133 Page 26    T98/05201G    Registered
      28-May-1998    14-Sep-2001    28-May-1998    28-May-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES

CHIQUITA & Design (‘86 version)

   C2984    5200/98       T98/05200I    Registered
      28-May-1998       28-May-1998    28-May-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CONFECTIONERY, EDIBLE ICES AND ICE CREAM; TEA


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Singapore

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2976    5199/98    92 page 87    T98/05199A    Registered
      28-May-1998    12-Jan-2001    28-May-1998    28-May-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables

CHIQUITA & Design (‘86 version)

   C1411    5202/98    122 Page 71    T98/05202    Registered
      28-May-1998    24-Jul-2001    28-May-1998    28-May-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Donaldson & Burkinshaw       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    BEERS, MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C2400          25779    Registered
            11-May-1980    11-Nov-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Drew & Napier       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES, JELLIES, JAMS AND PRESERVES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Slovakia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C467    0-1752-94       179753    Registered
      03-Aug-1994       12-Feb-1998    03-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka and Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C699    POZ1215-97       187172    Registered
      05-May-1997    11-Jun-1999    20-Sep-1999    05-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Raw agricultural, horticultural and forestry products and grains not included in other classes, live animals, fresh fruits and vegetable, seeds, natural plants and flowers, malt

CHICO IN OVAL IN COLOR

   C2312          166512    Registered
            08-Aug-1985    08-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VSETECKA AND PARTNERS    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Slovakia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C486    POZ-1783-96       185094    Registered
      04-Jul-1996       19-Apr-1999    04-Jul-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka Zeleny Svorcik Kalens    Agent Ref:   

16          69187 S

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers of all kinds, non-alcoholic drinks, syrups and other preparations for making beverages

CHIQUITA

   C2301          155749    Registered
            31-Jan-1983    31-Jan-2013
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VSETECKA AND PARTNERS    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

CHIQUITA & Design (‘86 version)

   C1009    None       176359    Registered
      20-Jul-1992       21-Dec-1995    20-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Slovakia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C453    0-1754-94       179754    Registered
      03-Aug-1994       12-Feb-1998    03-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vsetecka and Partners       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CONSUL IN OVAL

   C1008    None       175705    Registered
      03-Jan-1992       18-Sep-1995    03-Jan-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

PICTURE OF LADY

   C993          155750    Registered
            31-Jan-1983    31-Jan-2013
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    VSETECKA AND PARTNERS    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-185

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Slovenia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2799    Z-9471005       9471005    Registered
      18-Jul-1994       06-Jun-1995    18-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables; agricultural, horticultural and forestry products and grains, not included in other classes; living animals; seeds, live plants and flowers; foodstuffs for animals, malt

AMIGO & Design (‘92 version)

   C700    Z-9770722       9770722    Registered
      05-May-1997       06-Feb-1998    05-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHICO IN OVAL IN COLOR

   C1922    304-68/94(35       Z-8580607    Registered
      01-Mar-1994       13-Aug-1995    13-Aug-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Slovenia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C471    Z-9670835       9670835    Registered
   Slovenia    13-Jun-1996       11-Apr-1997    13-Jun-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in International Class 32

CHIQUITA

   C2042    Z9771105       9771105    Registered
      15-Jul-1997    31-Oct-1997    31-Mar-1998    15-Jul-2017
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Sojuz Patent       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Classes 29 and 30

CHIQUITA

   C1168    Z-618034       6180384    Registered
      26-Oct-1992       28-Nov-1996    28-Dec-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Zivko Mijatovic       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Food products in general, fresh bananas, crushed bananas, processed bananas, canned fruit and juices


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Slovenia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1231    Z 92 7 0359       9270359    Registered
      01-Mar-1994       23-Nov-1994    25-Aug-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Fiala, Profous, Maisner & spol       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, and other preparations for making beverages (32).


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: South Africa

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2069    02-Jan-1974       0023/74    Registered
            08-Jan-1975    02-Jan-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables.

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2068          0022/74    Registered
      02-Jan-1974       08-Jan-1975    02-Jan-2014
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruit and vegetables.

CHIQUITA

   C761    97/12751       97/12751    Registered
      21-Aug-1997       05-Sep-2000    21-Aug-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:   

T226634-9/B

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: South Africa

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C759    97/12750       97/12750    Registered
      21-Aug-1997       05-Sep-2000    21-Aug-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

CHIQUITA

   C757    97/12749       97/12749    Registered
      21-Aug-1997    31-May-2000    05-Sep-2000    21-Aug-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:   

T2266349/B

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

CHIQUITA

   C538    96/04208    96/04208       Registered
      29-Mar-1996    30-Sep-1998    28-Jan-1999    29-Mar-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: South Africa

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C774    97/12754       97/12754    Registered
      21-Aug-1997       05-Sep-2000    21-Aug-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA & Design (‘86 version)

   C760    97/12753       97/12753    Registered
      21-Aug-1997       05-Sep-2000    21-Aug-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

CHIQUITA & Design (‘86 version)

   C758    97/12752       97/12752    Registered
      21-Aug-1997       05-Sep-2000    21-Aug-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: South Africa

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C535    96/04209       96/04209    Registered
      29-Mar-1996       09-Mar-1999    29-Mar-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Spain

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2171          1143850    Registered
            21-Mar-1998    21-Mar-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref :   

30186-3

  
Owner:    Chiquita Brands, Inc       First Use Date:      
Goods:    Oranges, mandarins, lemons and bananas

BANANA FIGURE

   C2526          417820    Registered
            05-Oct-1963    19-Feb-2013
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-17

  
Owner:    Chiquita Brands, Inc       First Use Date:      
Goods:    CLASS 29: PRESERVED ALIMENTARY PRODUCTS, ESPECIALLY PRESERVED FRUIT

BANANA FIGURE

   C1110          417819    Registered
      19-Feb-1963       17-Jun-1983    19-Feb-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-17

  
Owner:    Chiquita Brands, Inc       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Spain

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2960    2170841       2170841    Registered
      25-Jun-1998    01-Aug-1998    29-May-2000    25-Jun-2018
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DEL VALLE ABOGADOS       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    PRESERVED, DRIED OR COOKED FRUITS AND VEGETABLES

CHIQUITA

   C1628          76009    Registered
      17-Apr-1929       02-Dec-1975    17-Apr-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Pinto Ruiz & Del Valle       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    COOKIES, BISCUITS, GAUFFRETS AND SEETS IN GENERAL

CHIQUITA

   C1193          692641    Registered
      10-Nov-1972       02-Dec-1975    10-Nov-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc       First Use Date:      
Goods:    Oranges, Manderines, Lemons, Bananas, Tomatoes, Onions and All Kinds of Fresh Fruit and Vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Spain

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1065          249236    Registered
      13-Jul-1951       10-Nov-1951    13-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Oranges, Tangerines, Lemons, and Other Fresh Fruits

CHIQUITA & Design (‘86 version)

   C2961    2170842       2170842    Registered
      25-Jun-1998    01-Aug-1998    29-May-2000    25-Jun-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    DEL VALLE ABOGADOS       Agent Re :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables

CHIQUITA & Design (‘86 version)

   C1006    1715207       1715207    Registered
      29-Jul-1992       05-May-1993    29-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ELZABARU       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Suriname

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1192          6926    Registered
            03-Oct-1990    03-Oct-2010
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    SUTRAMA Suriname Trademark Age    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

AMIGO & Design (‘92 version)

   C701    18099       18099    Registered
      16-Jan-2002       16-Jan-2002    16-Jan-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SUTRAMA Suriname Trademark Age    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables

CHIQUITA

   C1281          15805    Registered
      27-Nov-1997       28-Nov-1997    28-Nov-2017
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Dr. Paul V. Sjiem-Fat       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class headings            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Suriname

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1282          17071    Registered
      20-Nov-1997       20-Nov-1997    20-Nov-2017
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SUTRAMA Suriname Trademark Age    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    31: Agricultural, horticultural and forestry products and seeds as far as not included in other classes; life animals; seed for sowing; foodstuff for animals, malt
   32: Mineral and fuzzy waters and other non-alcoholic drinks; sirops and other preparations for drinks


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

County: Sweden

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
  

Registration

Number/Date

  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C956          123681    Registered
      24-Jul-1967       31-May-1968    31-May-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ludwig Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    ALL GOODS IN CLASSES 29 AND 31      

CHIQUITA

   C955    66-05064       120042    Registered
      24-Nov-1966       16-Jun-1967    16-Jun-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ludwig Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
   31: Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

CHIQUITA

   C2392    8625/88       251263    Registered
      11-Oct-1988       03-Sep-1993    03-Sep-2013
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ludwig Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, edible ices and ice cream (30); fruit juices and beverages (32)


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

County: Sweden

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C599    97-06245       332346    Registered
      02-Jul-1997       13-Aug-1999    13-Aug-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in Int. Class 29            

CHIQUITA & Design (‘86 version)

   C2397    8626/88       254716    Registered
      11-Oct-1988       28-Jan-1994    28-Jan-2014
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CLP CJP

  
Agent Name:    Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 30: CAKES AND PASTRIES
   CLASS 32: FRUIT JUICES AND DRINKS

CHIQUITA & Design (‘86 version)

   C2394    9911/92       251394    Registered
      11-Nov-1992       03-Sep-1993    03-Sep-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ludwig Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

County: Sweden

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL IN OVAL IN COLOR

   C1045    89-2024       219565    Registered
      02-Mar-1989       23-Nov-1990    23-Nov-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ludwig Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    ALL GOODS IN CLASS 31

FRUPAC & DEVICE

   C1051    87-10323       230156    Registered
      23-Dec-1987       14-Feb-1992    14-Feb-2012
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried or cooked fruit (29); fresh fruit (31)

JUST FRUIT IN A BOTTLE DESIGN

   C4025    2006/05947       385202    Registered
      11-Aug-2006       01-Dec-2006    01-Dec-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Ludwig Brann       Agent Ref:   

V26701SE00/AJ/AC

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-284

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Class: 32 Int.            
   FRUIT JUICES            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

County: Sweden

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

THE CHIQUITA MAGIC BOX

   C2432    96-01900       317446    Registered
      19-Feb-1996       20-Sep-1996    20-Sep-2016
Class(es):    20 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Brann       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-225

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Returnable packages used for shipping and displaying fresh fruit


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

AMIGO

   C2540    4823/1994.0       423281    Registered
      15-Jul-1994       15-Jul-1994    15-Jul-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (‘92 version)

   C702    03397/1997       445852    Registered
      30-Apr-1997       10-Nov-1997    30-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables

CANTALENE

   C2478          369673    Registered
            01-Feb-1989    01-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-32

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND FRESH VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CARIBBEAN SPLASH

   C2488          381891    Registered
            28-Dec-1989    28-Dec-2009
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-33

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CARIBBEAN FRSH FRUIT AND VEGETABLES, NON-ALCOHOLIC DRINKS, FRUIT DRINKS NAD FRUIT JUICES MADE FROM CARIBBEAN FRUIT, AND SYRUP AND OTHER PREPARATIONS MADE FROM CARIBBEAN FRUIT FOR MAKING BEVERAGES

CHICO IN OVAL IN COLOR

   C2457          344282    Registered
            13-Aug-1985    13-Aug-2015
Class(es):    29 Int.,31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 29: PRESERVED, DRIED AND COOKED FRUIT AND VEGETABLES
   CLASS 31: FRESH FRUIT AND VEGETABLES

CHIQUITA

   C2461    225466       351331    Registered
      28-Nov-1986       23-Mar-1987    28-Nov-2016
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    foodstuffs, including freshness, conserved and in cans filled up fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA

   C1081    2772/1979       300720    Registered
      18-May-1979       14-Nov-1979    18-May-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRUIT JUICES (NOT FERMENTED) AND OTHER NON-ALCOHOLIC DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA & Design (‘86 version)

   C2497    5346/1992.5       399575    Registered
      15-Jul-1992       25-Mar-1993    15-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)

CHIQUITA & Design (‘86 version)

   C2563    04359/1996       438282    Registered
      14-Jun-1996       10-Apr-1997    14-Jun-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    All goods in International Class 30


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA FRESH FRUITSHAKE

   C3217    56328/2005       537568    Registered
      03-Aug-2005       03-Aug-2005    03-Aug-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-268

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 32 Int.            
   PRE-PACKAGED BEVERAGES MADE FROM BLENDED FRESH FRUIT AND FRUIT JUICE

CHIQUITA JR.

   C2499    7338/1992       402097    Registered
      12-Oct-1992       12-Oct-1992    12-Oct-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit            

CHIQUITA JR. and Design

   C2498    6115/1992       399805    Registered
      11-Aug-1992       05-Apr-1993    11-Aug-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-73

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables, namely bananas         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA MINIS & DESIGN

   C4029    58517/2006       552711    Registered
      21-Sep-2006       05-Dec-2006    21-Sep-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:   

M-2006/3170

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-260

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH BANANAS

CHIQUITA POPS with OVAL DEVICE

   C2462          352309    Registered
            06-Aug-1986    06-Aug-2016
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-82

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 29: DRIED AND COOKED FRUITS AND VEGETABLES, JELLIES, AND JAMS
   CLASS 30: CONFECTIONS, EDIBLE ICES AND ICE CREAM
   CLASS 31: FRESH FRUIT AND VEGETABLES

CHIQUITA’S AND CHIQUITA BANANA FIGURE

   C1082    177321       301974    Registered
            16-Aug-1979    16-Aug-2009
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-90

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Natural or ready-made foodstuff products         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 6

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CONSUL

   C2480          369675    Registered
            01-Feb-1989    01-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUIT AND VEGETABLES         

CONSUL & Design in color

   C2481          370706    Registered
            07-Mar-1989    07-Mar-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES         

DIE CHIQUITA ZAUBERKISTE (THE CHIQUITA MAGIC BOX)

   C2562    10036/1995.3       437533    Registered
      28-Aug-1995       28-Aug-1995    28-Aug-2015
Class(es):    20 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-225

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Returnable packaging of plastic material used for shipping and displaying fresh fruit


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 7

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FRUPAC & DESIGN

   C315    08243/1987       359820    Registered
            14-Dec-1987    14-Dec-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 29: PRESERVED, DRIED OR COOKED FRUIT
   CLASS 31: FRESH FRUIT            

GARDENA

   C1433    0872/1998       459599    Registered
      12-Oct-1998       12-Oct-1998    12-Oct-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-135

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

HONEY MIST

   C2479          369674    Registered
            01-Feb-1989    01-Feb-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-148

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND FRESH VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 8

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

JUST FRUIT IN A BOTTLE AND OVAL CIRCLE LADY DESIGN

   C4013    53796/2006       547467    Registered
      27-Apr-2006       11-Jul-2006    27-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:   

M-2006/1776PU

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRUIT JUICES            

MELORIPE IN OVAL IN COLOR

   C2483          371745    Registered
            23-Feb-1989    23-Feb-2009
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-159

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES         

SUN CLASSIC

   C2030    NEW APP          Unfiled
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-216

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juice and fruit juice drinks         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 9

Country: Switzerland

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

TROPICAL SQUEEZE

   C2484          373183    Registered
            13-Jun-1989    13-Jun-2009
Class(es):    30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    E. Blum & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CLASS 30: COFFEE, TEA AND COCOA MADE FROM TROPICAL PRODUCTS AND CONFECTIONARY, EDIBLE ICES AND ICE CREAM MADE FROM TROPICAL FRUIT
   CLASS 31: FRESH TROPICAL FRUIT AND TROPICAL VEGETABLES.
   CLASS 32: NON-ALCOHOLIC DRINKS, FRUIT DRINKS AND FRUIT JUICES MADE FROM TROPICAL FRUIT AND SYRUPS AND OTHER PREPARATIONS FOR MAKING SUCK BEVERAGES.


 

Wednesday, March 26, 2008

  Trademark List by country   Page: 1

Country: Syria

   

 

Trademark    Case Number    Application
Number/Date
  

Publication

Number/Date

  

Registration

Number/Date

   Status
Next Renewal

CHIQUITA

   C3095    421-6-348476          Pending
      16-Nov-2003         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:    30186-47   
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS AND VEGETABLES         

CHIQUITA & Design (‘86 version)

   C3094    421-7-348482          Pending
      16-Nov-2003         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:    30186-49   
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS AND VEGETABLES         


 

Wednesday, March 26, 2008

  Trademark List by country   Page: 1

Country: Taiwan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C3000    87033178       864685    Registered
      07-Jul-1998       16-Aug-1999    15-Aug-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.       Agent Ref:   

C08252-T17-YSR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, INC.       First Use Date:      
Goods:    Living animals, living aquatic products; fresh fruits and vegetables; seeds, plants and flowers; foodstuffs for animals, malt, unprocessed grains

CHIQUITA

   C3002    87033176       862421    Registered
      07-Jul-1998       01-Aug-1999    31-Jul-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.    Agent Ref:   

C08252-T15-YSR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, INC.       First Use Date:      
Goods:    Meat, fish, poultry and game (all not alive); meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk, milk powder, cheese, drinking yogurt, butter, cream, margarine; animal and vegetable oils for cooking.

CHIQUITA

   C2998    87033179       858497    Registered
      07-Jul-1998       01-Jul-1999    30-Jun-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, INC       First Use Date:      
Goods:    Beers; mineral water and aerated water and other non-alcoholic drinks; fruit drinks and fruit juice; syrup preparations and essences for making beverages.


 

Wednesday, March 26, 2008

  Trademark List by country   Page: 2

Country: Taiwan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C3001    87033177       858392    Registered
      07-Jul-1998       01-Jul-1999    30-Jun-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, tapioca, sago, coffee substitutes; flour, rice, wheat, cereal powder; bread, biscuits, cakes, candies, puddings, ice cream; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, condiments; spices; ice; noodles.

CHIQUITA & Design (‘86 version)

   C1428    87033174       864665    Registered
      07-Jul-1998       16-Aug-1999    15-Aug-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.    Agent Ref:   

C08252-T13-YSR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc       First Use Date:      
Goods:    Living animals, living aquatic products; fresh fruits and vegetables; seeds, plants and flowers; foodstuffs for animals, malt, unprocessed grains.

CHIQUITA & Design (‘86 version)

   C1429    87033173       858269    Registered
      07-Jul-1998       01-Jul-1999    30-Jun-2009
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, tapioca, sago, coffee substitutes; flour, rice, wheat, cereal powder; bread, biscuits, cakes, candies, puddings, ice cream; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, condiments; spices; ice; noodles.


 

Wednesday, March 26, 2008

  Trademark List by country   Page: 3

Country: Taiwan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1430    87033172       862344    Registered
      07-Jul-1998       01-Aug-1999    31-Jul-2009
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.       Agent Ref:   

C08252-T11-YSR

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Meat, fish, poultry and game (all not alive); meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk, milk powder, cheese, drinking yogurt, butter, cream, margarine; animal and vegetable oils for cooking.

CHIQUITA & Design (‘86 version)

   C2999    87033175       858496    Registered
      07-Jul-1998       01-Jul-1999    30-Jun-2009
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Beers; mineral water and aerated water and other non-alcoholic drinks; fruit drinks and fruit juice; syrup preparations and essences for making beverages.

FRUPAC & DEVICE

   C2648    81048822       591564    Registered
      30-Sep-1992       01-Apr-1993    31-Mar-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Lee and Li - Leaven IPR Agency Ltd.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

31086-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Tajikistan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C459    94001109       3156    Registered
      23-Aug-1994       28-Jul-1998    23-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:   

V52494/JAF/KT

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C703    97004085       4217    Registered
      12-May-1997       17-Nov-1999    12-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C1831             Unfiled
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Tangier

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C2037    12002       12002    Registered
      27-May-1997       20-Mar-1998    27-Nov-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for International Class 31         

AMIGO & Design (‘92 version)

   C2189    12003       12003    Registered
      27-May-1997       20-Mar-1998    27-Nov-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class Heading for International Class 31         

CHIQUITA

   C2015    11051       11051    Registered
      23-Apr-1996       23-Apr-1996    23-Apr-2016
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    PATENTMARK       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS HEADINGS            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Tangier

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C826          12448    Registered
      23-Sep-1997       23-Sep-1997    23-Mar-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in International Class 31            

CHIQUITA & Design (‘86 version)

   C2010    11050       11050    Registered
      23-Apr-1996       23-Apr-1996    23-Apr-2016
Class(es):    29 Int., 30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    PATENTMARK       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Wednesday, March 26, 2008

 

Trademark List by Country

 

Page: 1

Country: Tunisia

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

AMIGO

   C2845    EE940844       EE940844    Pending
      29-Jul-1994          29-Jul-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C704    EE970697       EE970697    Registered
      02-May-1997       02-May-1997    02-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C2846    EE951042       EE951042    Registered
      01-Aug-1995       01-Aug-1995    01-Aug-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages            


 

Wednesday, March 26, 2008

 

Trademark List by Country

 

Page: 2

Country: Tunisia

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1246          EE990409    Registered
            29-Mar-1984    25-Mar-2014
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Cabinet Sarah Hachaichi       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS HEADINGS            

CHIQUITA & Design (‘86 version)

   C588    EE971031       EE971031    Registered
      07-Jul-1997       07-Jul-1997    07-Jul-2012
Class(es):    29 Int., 30 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Adams & Adams       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    All goods in Int. Classes 29 - 31            

CHIQUITA & Design (‘86 version)

   C2847    EE951043       EE951043    Registered
      01-Aug-1995       01-Aug-1995    01-Aug-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages            


 

Wednesday, March 26, 2008

 

Trademark List by Country

 

Page: 1

Country: Turkey

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C934    58976       100052    Registered
      27-Oct-1967       27-Oct-1987    27-Oct-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Bananas            

CHICO IN OVAL IN COLOR

   C2781          92389    Registered
      12-Jun-1986       12-Jun-1986    12-Jun-2016
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-44

  
Owner:    CHIQUITA BRANDS, Inc.       First Use Date:      
Goods:    Fruit and vegetables            

CHIQUITA

   C657    96/19788       179599    Registered
      30-Dec-1996       30-Dec-1996    30-Dec-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    NON-ALCOHOLIC DRINKS, BEERS, MINERAL AND AERATED WATERS; OTHER NON-ALCOHOLIC DRINKS, NAMELY, FRUIT AND VEGETABLE JUICES, FRUIT DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Wednesday, March 26, 2008

 

Trademark List by Country

 

Page: 2

Country: Turkey

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C603    97/12651       195752    Registered
      28-Aug-1997       28-Aug-1997    28-Aug-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:   

36733  

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes, flour and breakfast cereal, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces, spices, ice

CHIQUITA

   C2817          98844    Registered
      15-Dec-1966       15-Dec-1966    15-Dec-2016
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Bananas, banana puree            

CHIQUITA & Design (‘86 version)

   C966    5969/92       138721    Registered
      20-Jul-1992       20-Jul-1992    20-Jul-2012
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables; fresh fruits and vegetables; and fruit drinks, beverage and non-alcoholic beverages.


 

Wednesday, March 26, 2008

  Trademark List by Country  

Page: 3

Country: Turkey

   

 

Trademark   

Case Number

   Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

  

C604

   97/12650      

196816

  

Pending

     

28-Aug-1997

         28-Aug-2017
Class(es):   

30 Int.

      Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:   

36734  

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS, INC.       First Use Date:   
Goods:   

Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes, flour and breakfast cereal, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces, spices, ice


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Turkmenistan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C460    3(1321)       3821    Registered
      29-Mar-1996       11-Feb-2000    11-Feb-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:   

V52495/JAF/UH

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C705    97310324       5168    Registered
      13-May-1997       25-Sep-2000    25-Sept-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C1830             Unfiled
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country  

Page: 1

Country: Ukraine

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C468    94082836       12064    Registered
      04-Aug-1994       07-Jun-1999    04-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:   

V52496/JAF/UH

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C567    97051235       18867    Registered
      05-May-1997       15-Mar-2001    05-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C641    96123024       17524    Registered
      24-Dec-1996       15-Dec-2000    24-Dec-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:   

2190/TA

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Ukraine

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2656    6052       6052    Registered
      23-Dec-1993       30-Jun-1994    17-Feb-2017
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game meat extracts, preserved, dried and cooked fruits and and vegetables; eggs, milk and other dairy products; vegetable oils and edible fats, pickles, agricultural, horticultural and forestry product, etc.

CHIQUITA & Design (‘86 version)

   C357    94020613       10483    Registered
      14-Feb-1994       31-Aug-1998    14-Feb-2014
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)

CHIQUITA & Design (‘86 version)

   C1167    6159       6159    Registered
      23-Dec-1993       30-Jun-1994    23-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Wednesday, March 26, 2008

  Trademark List by Country  

Page: 3

Country: Ukraine

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C455    94082835       12063    Registered
      04-Aug-1994       07-Jun-1999    04-Aug-2014

Class(es):

   31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:   

V52498/JAF/UH

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List  

Page: 1

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

100% FRUIT. ANYTIME. ANYWHERE.

   C3201    78/646956          Allowed
      09-Jun-2005    21-Feb-2006      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-263

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 int.            
   PROCESSED FRUIT SNACKS MADE FROM FRUIT PUREE

ALWAYS FRESH. ALWAYS CHIQUITA.

   C1461    75/635240       2510902    Registered
      05-Feb-1999    15- Feb -2000    20-Nov-2001    20-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-6

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Oct-1999

  
Goods:    Fresh Fruit and vegetables            

AMIGO

   C1219    72/359925       910452    Registered
      15-May-1970       23-Mar-1971    23-Mar-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas            


 

Thursday, March 27, 2008

  Trademark List   Page: 2

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO & Design (‘92 version)

   C897    74/182170       1688035    Registered
      03-Jul-1991       19-May-1992    19-May-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

BANANEWS

   C1629    76/194425       2681719    Registered
      16-Jan-2001    27-Nov-2001    28- Jan -2003    28-Jan-2013
Class(es):    16 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-18

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Trade newsletter featuring articles and discussion related to banana sales and promotion

BLENDER’S DAY OFF

   C4018    78/923949          Allowed
      06-Jul-2006    14-Aug-2007      
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-300

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class:35 Int.            
   CUSTOMER LOYALTY INCENTIVE PROGRAM FOR COMMERCIAL, PROMOTIONAL AND/OR ADVERTISING PURPOSES WHEREBY PARTICIPANTS ACCUMULATE VALUE FROM REFERRING CUSTOMERS WHICH CAN BE REDEEMED FOR CHANCES TO WIN A PRIZE


 

Thursday, March 27, 2008

  Trademark List  

Page: 3

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

BRAIN FUEL

   C3199    78/627860          Published
      11-May-2005    07-Feb-2006      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-273

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUIT            

CALYPSO BREEZE

   C898    74/088398       1693443    Registered
      16-Aug-1990    02-Jul-1991    09-Jun-1992    09-Jun-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-29

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

11-Sep-1991

  
Goods:    Blended fruit juice and blended fruit juice drinks

CHICO & Design (‘01 version)

   C1634    76/206273       2646913    Registered
      07-Feb-2001    02-Oct-2001    05-Nov-2002    05-Nov-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-40

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh Fruit and vegetables            


 

Thursday, March 27, 2008

  Trademark List  

Page: 4

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1187    72/037919       670320    Registered
      26-Sep-1957       24-Nov-1958    24-Nov-2008
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas puree (mashed banana)

CHIQUITA

   C881    73/268455       1183170    Registered
      30-Jun-1980       22-Dec-1981    22-Dec-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Honeydew melon and cantaloupe   

CHIQUITA

   C901    74/127290       1711944    Registered
      28-Dec-1990       01-Sep-1992    01-Sep-2012
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Processed bananas      


 

Thursday, March 27, 2008

  Trademark List  

Page: 5

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1581    76/033311       2574376    Registered
      24-Apr-2000    13-Mar-2001    28-May-2002    28-May-2012
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Freight transportation of produce for others by ship, truck, air, or railway

CHIQUITA

   C1198    72/100555       711622    Registered
      08-Jul-1960       21-Feb-1961    21-Feb-2011
Class(es):    46 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

06-Jun-1960

  
Goods:    Bananas            

CHIQUITA

   C1309    75/421925       2238638    Registered
      22-Jan-1998    19-Jan-1999    13-Apr-1999    13-Apr-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

05-May-1998

  
Goods:    Fresh vegetables            


 

Thursday, March 27, 2008

  Trademark List  

Page: 6

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1494    75/741176       2422224    Registered
      01-Jul-1999    04-Jan-2000    16-Jan-2001    16-Jan-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jun-2000

  
Goods:    Processed fruits and vegetables            

CHIQUITA

   C2095    73/616812       1442357    Registered
      20-Aug-1986       09-Jun-1987    09-Jun-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh pineapples            

CHIQUITA

   C2104    73/668302       1478926    Registered
      24-Jun-1987       01-Mar-1988   
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh citrus fruits.            


 

Thursday, March 27, 2008

  Trademark List  

Page: 7

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C931    74/538570       1991773    Registered
      16-Jun-1994    08-Aug-1995    06-Aug-1996    06-Aug-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FLAVORED DRINKING WATER, SOFT DRINKS, FRUIT JUICES AND FRUIT DRINKS (32)

CHIQUITA

   C2103    73/668297       1478925    Registered
      24-Jun-1987       01-Mar-1988    01-Mar-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits            

CHIQUITA

   C3361    77/190349          Allowed
      25-May-2007    02-Oct-2007      
Class(es):    16 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 16 Int.            
   GREETING CARDS; MUSICAL GREETING CARDS


 

Thursday, March 27, 2008

  Trademark List  

Page: 8

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2134    74/480838       1906730    Registered
      21-Jan-1994       18-Jul-1995    18-Jul-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Cookies and breakfast cereals            

CHIQUITA

   C2109    73/680095       1486124    Registered
      24-Aug-1987       26-Apr-1988    26-Apr-2008
Class(es):    16 Int., 25 Int., 28 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Pens, pencils, decals, writing paper and playing card (16); Jackets, aprons, caps, hats, shirts & t-shirts (25); Dolls, balloons, golf Balls & inflatable toys (28).

CHIQUITA

   C2097    73/628661       1446707    Registered
      05-Nov-1986       07-Jul-1987    07-Jul-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juice            


 

Thursday, March 27, 2008

  Trademark List   Page: 9

Country: United States of America

   

 

Trademark    Case Number   

Application

Number/Date

  

Publication

Number/Date

  

Registration

Number/Date

  

Status

Next Renewal

CHIQUITA

   C2765    72/254337       853740    Registered
      12-Sep-1966       30-Jul-1968    30-Jul-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Cake, muffin, and frosting mixes.         

CHIQUITA & Design (‘86 version)

   C919    74/442265       1903716    Registered
      29-Sep-1993       04-Jul-1995    04-Jul-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Cookies            

CHIQUITA & Design (‘86 version)

   C879    73/295611       1175379    Registered
      04-Feb-1981       27-Oct-1981    27-Oct-2011
Class(es):    29 Int.      

Attorney(s):

  

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Processed Bananas            


 

Thursday, March 27, 2008

  Trademark List   Page: 10

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1308    75/421920       2240561    Registered
      22-Jan-1998    26-Jan-1999    20-Apr-1999    20-Apr-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

05-May-1998

  
Goods:    Fresh vegetables            

CHIQUITA & Design (‘86 version)

   C1582    76/033312       2589433    Registered
      24-Apr-2000    13-Mar-2001    02-Jul-2002    02-Jul-2012
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jun-1992

  
Goods:    Freight transportation of produce for others by ship, truck, air, or railway      

CHIQUITA & Design (‘86 version)

   C2110    73/680404       1486128    Registered
      24-Aug-1987       26-Apr-1988    26-Apr-2008
Class(es):    16 Int., 25 Int., 28 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Pens, pencils, decals, writing paper and playing cards (16); Jackets, aprons, caps, hats, shirts & t-shirts (25); Dolls, balloons, golf balls & inflatable toys (28)


 

Thursday, March 27, 2008

  Trademark List   Page: 11

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C2102    73/668296       1478924    Registered
      24-Jun-1987       01-Mar-1988   
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh citrus fruits.            

CHIQUITA & Design (‘86 version)

   C2112    73/668344       1490411    Registered
      24-Jun-1987       31-May-1988    31-May-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits            

CHIQUITA & Design (‘86 version)

   C2096    73/628678       1445498    Registered
      05-Nov-1986       30-Jun-1987    30-Jun-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juice            


 

Thursday, March 27, 2008

  Trademark List   Page: 12

Country: United States of America

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1493    75/741177       2424101    Registered
      01-Jul-1999    04-Jan-2000    23-Jan-2001    23-Jan-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

11-Jun-2000

  
Goods:    Processed fruits and vegetables         

CHIQUITA & Design (‘94 version)

   C2345    75/976071       2090170    Registered
      15-Aug-1994       19-Aug-1997    19-Aug-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruit juices and fruit drinks            

CHIQUITA & Design (‘94 version)

   C644    75/242238       2179540    Registered
      14-Feb-1997    12-Aug-1997    04-Aug-1998    04-Aug-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Feb-1998

  
Goods:    Candy            


 

Thursday, March 27, 2008

  Trademark List   Page: 13

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘94 version)

   C639    75/211700       2204386    Registered
      11-Dec-1996    12-Aug-1997    17-Nov-1998    17-Nov-2008
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Frozen confections            

CHIQUITA & Oval Design

   C2744    72/180249       775094    Registered
      31-Oct-1963       11-Aug-1964    11-Aug-2014
Class(es):    07 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-56

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas            

CHIQUITA AND BLUE OVAL DESIGN

   C311    74/173929       1731439    Registered
      06-Jun-1991       10-Nov-1992    10-Nov-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-62

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 14

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BANANA & Design

   C2606    71/536969       508492    Registered
      06-Oct-1947       12-Apr-1949    12-Apr-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-64

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh Bananas.            

CHIQUITA BELLA FRUITA

   C3367    77/261408          Allowed
      22-Aug-2007         
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG     CSL

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-330

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT FRUITS            
   Class: 31 Int.            
   FRESH FRUITS            
   Class: 32 Int.            
   FRUIT JUICES            


 

Thursday, March 27, 2008

  Trademark List   Page: 15

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA BRAND BANANAS & OVAL DESIGN

   C2743    72/167427       765610    Registered
      23-Apr-1963       25-Feb-1964    25-Feb-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-52

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas.            

CHIQUITA CARROT BITES

   C3310    78/912542          Allowed
      20-Jun-2006    24-Jul-2007      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-298

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT VEGETABLES            

CHIQUITA CHOICE FRUIT

   C4046    77/310978          Pending
      23-Oct-2007         
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG     CEJ

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-332

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   DRIED FRUITS            
   Class: 31 Int.            
   FRESH FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 16

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA EXPRESS

   C893    74/002912       1679058    Registered
      16-Nov-1989       10-Mar-1992    10-Mar-2012
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-66

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Transport brokerage services.            

CHIQUITA FRESH & READY

   C3290    78/849997          Allowed
      30-Mar-2006    10-Jul-2007      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-288

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS            

CHIQUITA FRESH CUT FRUIT & DESIGN

   C3103    78/276075       3024402    Registered
      18-Jul-2003    28-Dec-2004    06-Dec-2005    06-Dec-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-253

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

16-May-2004

  
Goods:    Class: 31 Int.            
   FRESH VEGETABLES; FRESH FRUIT         


 

Thursday, March 27, 2008

  Trademark List   Page: 17

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA FROSTY

   C3228    78/739668          Allowed
      25-Oct-2005    04-Apr-2006      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-272

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   PROCESSED FRUIT; FROZEN FRUIT-BASED FOOD PRODUCTS, NAMELY, FROZEN FRUIT-BASED SNACK FOODS

CHIQUITA FRUIT BITES

   C3301    78/886554       3211448    Registered
      18-May-2006    05-Dec-2006    20-Feb-2007    20-Feb-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-277

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

30-Aug-2005

  
Goods:    Class: 29 Int.            
   CUT FRUITS            

CHIQUITA FRUIT BITES & Design

   C3302    78/879921       3302163    Registered
      09-May-2006    17-Jul-2007    02-Oct-2007    02-Oct-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-277

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

30-Aug-2005

  
Goods:    Class: 29 Int.            
   CUT FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 18

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA FRUIT CRISP

   C3262    78/819408          Allowed
      21-Feb-2006         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG    CEJ

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-282

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   DRIED FRUITS            

CHIQUITA FRUIT DIPZ

   C3300    78/879912          Allowed
      09-May-2006    17-Jul-2007      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-294

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   FROZEN FRUIT BITES ENROBED IN YOGURT      

CHIQUITA FRUIT SNACK & DESIGN

   C3226    78/739679       3082896    Registered
      25-Oct-2005    24-Jan-2006    18-Apr-2006    18-Apr-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-275

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

21-Aug-2005

  
Goods:    Class: 29 Int.            
   FRUITS, NAMELY, PUREED AND PROCESSED FRUIT      


 

Thursday, March 27, 2008

  Trademark List   Page: 19

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA FRUITALITY

   C3366    77/261403          Allowed
      22-Aug-2007         
Class(es):    29 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG    CSL

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-329

  
Owner:    Chiquita Brands L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT FRUITS            
   Class: 31 Int.            
   FRESH FRUITS            
   Class: 32 Int.            
   FRUIT JUICES            

CHIQUITA GO GO SNACKS

  

C3350

   77/149909          Allowed
      05-Apr-2007    02-Oct-2007      
Class(es):    29 Int       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-322

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 20

Country: United States of America

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA GRAPE & APPLE BITES

   C3325    78/964733          Allowed
      31-Aug-2006    14-Aug-2007      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-262

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT FRUITS            

CHIQUITA GRAPE BITES

   C3309    78/912551          Allowed
      20-Jun-2006    24-Jul-2007      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-297

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 21

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA INTELLIGENT COLD CHAIN

   C3324    78/964720          Allowed
      31-Aug-2006         
Class(es):    09 Int., 39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-304

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 09 Int.            
   COMPUTER SOFTWARE THAT FACILITATES TRANSPORTATION OF GOODS; NAMELY, SOFTWARE THAT IDENTIFIES LOCATION OF REFRIGERATED UNITS AND ENABLES MONITORING AND CONTROL OF ATMOSPHERE IN REFRIGERATED UNITS
   Class: 39 Int.            
   PROVIDING ELECTRONIC TRACKING OF REFRIGERATED FREIGHT INFORMATION TO OTHERS

CHIQUITA JR & DESIGN

   C320    74/246159       1741559    Registered
      12-Feb-1992       22-Dec-1992    22-Dec-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-73

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES         

CHIQUITA JR.

   C2131    74/287741       1797234    Registered
      23-Jun-1992       05-Oct-1993    05-Oct-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-72

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit.            


 

Thursday, March 27, 2008

  Trademark List   Page: 22

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA KIDS

   C1532    75/808146       2528220    Registered
      24-Sep-1999    12-Dec-2000    08-Jan-2002   
Class(es):    42 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-77

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jul-1999

  
Goods:    Providing information in the field of children’s nutrition, health, and fitness education and children’s entertainment and activities by means of a global computer network

CHIQUITA MINI’S

   C3165    78/451985       3096646    Registered
      16-Jul-2004    14-Jun-2005    23-May-2006    23-May-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-260

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

31-Jan-2005

  
Goods:    Class: 31 Int.            
   FRESH FRUITS AND VEGETABLES         

CHIQUITA MINI’S & DESIGN

   C3225    78/731026       3082895    Registered
      11-Oct-2005    24-Jan-2006    18-Apr-2006    18-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-260

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

29-Jan-2005

  
Goods:    Class: 31 Int.            
   FRESH FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 23

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA REAL FRUIT SMOOTHES

   C3193    78/614718          Allowed
      22-Apr-2005    31-Jan-2006      
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-265

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 32 Int.            
   FRUIT DRINKS, NAMELY, FRUIT SMOOTHIES         

CHIQUITA RED APPLE BITES

   C3363    77/233700          Allowed
      19-Jul-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG    CSL

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-238

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Mar-2005

  
Goods:    Class: 29 Int.            
   CUT RED APPLES            

CHIQUITA SOLUTIONS

   C1679    76/317516       2825756    Registered
      26-Sep-2001    14-May-2002    23-Mar-2004    23-Mar-2014
Class(es):    39 Int., 40 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-86

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    39: Produce handling and transportation by boat, truck and rail      
   40: Treating produce with chemicals to hasten ripening performed for others      


 

Thursday, March 27, 2008

  Trademark List   Page: 24

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA TO GO

   C3192    78/614595       3228690    Registered
      22-Apr-2005    17-Jan-2006    10-Apr-2007    10-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-264

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUIT            

CHIQUITA TROPICALS

   C3203    78/652785          Allowed
      17-Jun-2005    24-Jan-2006      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-88

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUIT            

CHIQUITA W/ LADY IN OVAL DESIGN

   C3104    78/276073          Published
      18-Jul-2003    29-Mar-2005      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-254

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH VEGETABLES; FRESH FRUIT         


 

Thursday, March 27, 2008

  Trademark List   Page: 25

Country: United States of America

   

 

Trademark    Case Number   

Application
Number/Date

   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA. EVERYTHING ELSE IS JUST A BANANA.

   C1527    75/805840       2854063    Registered
      22-Sep-1999    09-Jan-2001    15-Jun-2004    15-Jun-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-255

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA. LA FRUTA QUE SI SABE A FRUTA.

   C3196    78/615965          Allowed
      25-Apr-2005    17-Jan-2006      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-276

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS AND VEGETABLES         

CHIQUITA. PERFECT FOR LIFE.

   C1672    76/270636       2820213    Registered
      13-Jun-2001    28-May-2002    02-Mar-2004    02-Mar-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-99

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            


 

Thursday, March 27, 2008

  Trademark List   Page: 26

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

CHIQUITA. YOUR PRODUCE SOLUTION.

   C1680    76/317515       2604594    Registered
      26-Sep-2001    14-May-2002    06-Aug-2002    06-Aug-2012
Class(es):    39 Int., 40 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-103

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jul-1998

  
Goods:    39: Produce handling and transportation by boat, truck and rail
   40: Treating produce with chemicals to hasten ripening performed for others   

CHIQUITASTORE.COM

   C1689    76/337981       2615199    Registered
      14-Nov-2001    11-Jun-2002    03-Sep-2002    03-Sep-2012
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-107

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Nov-2001

  
Goods:    On-line retail store services featuring apparel, clothing accessories, collectibles, kitchen items and toys

CHIQUITA-TIZE

   C1460    75/635241       2505051    Registered
      05-Feb-1999    09-Nov-1999    06-Nov-2001   
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-92

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Oct-1999

  
Goods:    Fresh fruit and vegetables            


 

Thursday, March 27, 2008

  Trademark List   Page: 27

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

COMIENZA SANAMENTE CON CHIQUITA

   C1556    75/894925       2589237    Registered
      13-Jan-2000    23-Jan-2001    02-Jul-2002    02-Jul-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-110

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

-01-Jan-2001

  
Goods:    Fresh fruits and vegetables            

CONSUL

   C326    76/342985       3259682    Registered
      29-Nov-2001    26-Oct-2004    10-Jul-2007    10-Jul-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

27-Apr-1989

  
Goods:    FRESH FRUITS            

CONSUL & DESIGN

   C327    76/342984       3259681    Registered
      29-Nov-2001    27-Dec-2005    10-Jul-2007    10-Jul-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 28

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CUANDO UN POQUITO ES IDEAL

   C3360    77/189441          Allowed
      24-May-2007    02-Oct-2007      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-326

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS            

Design

   C1199    72/100554       714807    Registered
      08-Jul-1960       02-May-1961    02-May-2011
Class(es):    46 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-17

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bananas            

DESIGN OF AN OVAL

   C321    73/793130       1580381    Registered
      13-Apr-1989       30-Jan-1990    30-Jan-2010
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-117

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 29

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRESH & READY

   C3347    77/146720          Published
      02-Apr-2007    02-Oct-2007      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-288

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUITS            

FRESH HEALTHY GOOD TO GO

   C3299    78/863635          Allowed
      18-Apr-2006    21-Nov-2006      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-293

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jun-2006

  
Goods:    Class : 31 Int.            
   Fresh fruits; Fresh vegetables            

FRUIT SURGE

   C3241    78/780939          Allowed
      27-Dec-2005    22-Aug-2006      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-280

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   FRUITS, NAMELY, PROCESSED FRUIT SNACK   


 

Thursday, March 27, 2008

  Trademark List   Page: 30

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUIT THAT GOES WHERE YOU GO

   C3243    78/780936          Allowed
      27-Dec-2005    22-Aug-2006      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-281

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   FRUITS, NAMELY, PROCESSED FRUIT SNACKS

GREAT WHITE FLEET

   C912    74/310386       1824638    Registered
      28-Aug-1992    07-Dec-1993    01-Mar-1994    01-Mar-2014
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-139

  
Owner:    Great White Fleet, Ltd.       First Use Date:   

31-Dec-1910

  
Goods:    FREIGHT TRANSPORTATION BY SHIP AND TRUCK

GREAT WHITE FLEET LTD. & Design

   C910    74/310255       1818185    Registered
      28-Aug-1992    02-Nov-1993    25-Jan-1994    25-Jan-2014
Class(es):    39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-140

  
Owner:    Great White Fleet, Ltd.       First Use Date:   

01-Apr-1990

  
Goods:    Freight transportation by ship and truck         


 

Thursday, March 27, 2008

  Trademark List   Page: 31

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
       

Status

Next Renewal

JUST FRUIT IN A BOTTLE

   C3271    78/841007             Allowed
      20-Mar-2006    24-Oct-2006         
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:          Agent Ref:         
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-283

     
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:         
Goods:    Class: 32 Int.               
   Fruit juices               

MISS C Logo

   C1543    75/834672       2507921       Registered
      29-Oct-1999    25-Jul-2000    13-Nov-2001       13-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

     
Agent Name:          Agent Ref:         
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-161

     
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Apr-1999

     
Goods:    Fresh fruits and vegetables            

MISS CHIQUITA BIRTHDAY DESIGN

   C3362    77/195227             Allowed
      01-Jun-2007    02-Oct-2007         
Class(es):    16 Int.       Attorney(s):   

CKP     CCG

   CLR   
Agent Name:          Agent Ref:         
Client:    CHIQUITA BRANDS, INC.       Client Ref:         
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:         
Goods:    Class: 16 Int.               
   GREETING CARDS; MUSICAL GREETING CARDS


 

Thursday, March 27, 2008

  Trademark List   Page: 32

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

Miss Chiquita Full Lady Design

   C1699    76/374913       2680536    Registered
      25-Feb-2002    05-Nov-2002    28-Jan-2003    28-Jan-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-163

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jan-1999

  
Goods:    Fresh fruits and vegetables            

MISS CHIQUITA LADY DESIGN

   C3285    78/848622       3288029    Registered
      29-Mar-2006    19-Jun-2007    04-Sep-2007    04-Sep-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-163

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

16-May-2004

  
Goods:    Class : 31 Int.            
   FRESH FRUITS; FRESH VEGETABLES         

ONLY THE BEST. ONLY CHIQUITA. EVERYDAY.

   C1445    75/583458       2513055    Registered
      05-Nov-1998    20-Jul-1999    27-Nov-2001    27-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-167

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List   Page: 33

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

ORCHARD WAVE

   C1613    76/075136       2595465    Registered
      20-Jun-2000    01-May-2001    16-Jul-2002    16-Jul-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-169

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

-01-Jun-2001

  
Goods:    Fruit juice and fruit drinks            

PACK A HEALTHY SNACK

   C3544    77/113892       3306358    Registered
      22-Feb-2007       09-Oct-2007    09-Oct-2017
Class(es):    29 Int.       Attorney(s):   

CLR    CCG     CKP

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

07-Feb-2007

  
Goods:    Class : 29 Int.            
   Cut fruits            

PARFOIS, UN PETIT PEU SUFFIT

   C3359    77/189452          Allowed
      24-May-2007    02-Oct-2007      
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 31 Int.            
   FRESH FRUITS            


 

Thursday, March 27, 2008

  Trademark List   Page: 34

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PEEL. EAT. REPEAT DAILY.

   C3194    78/616283       3228696    Registered
      25-Apr-2005    17-Jan-2006    10-Apr-2007    10-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-266

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.            
   FRESH FRUIT            

PERFECT FOR LIFE

   C1698    76/356881       2757195    Registered
      09-Jan-2002    16-Jul-2002    26-Aug-2003    26-Aug-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-182

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

PETITE 150’s

   C885    73/699053       1531118    Registered
      04-Dec-1987       21-Mar-1989    21-Mar-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-184

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh bananas            


 

Thursday, March 27, 2008

  Trademark List   Page: 35

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PLACE STICKER ON FOREHEAD. SMILE.

   C3195    78/616279       3122121    Registered
      25-Apr-2005    31-Jan-2006    25-Jul-2006    25-Jul-2016
Class(es):    31 Int.       Attorney(s):   

CCG     

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-267

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Dec-2005

  
Goods:    Class : 31 Int.            
   FRESH FRUIT            

POTASSIUM POWER

   C3198    78/627854       3234824    Registered
      11-May-2005    31-Jan-2006    24-Apr-2007    24-Apr-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:      
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Dec-2005

  
Goods:    Class : 31 Int.            
   FRESH FRUIT            

PRODUCE E.XPRESS

   C1536    75/812316       2518350    Registered
      30-Sep-1999    30-Jan-2001    11-Dec-2001   
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-188

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-May-2000

  
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List   Page: 36

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

PRODUCE SOLUTIONS

   C1631    75/376868       2559102    Registered
      21-Oct-1997    25-Apr-2000    09-Apr-2002    09-Apr-2012
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-190

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

17-Jan-2001

  
Goods:    Merchandising and advertising services for distributors of fresh, frozen and processed fruits and vegetables

QUITE POSSIBLY, THE WORLD’S PERFECT FOOD

   C894    74/022148       1682463    Registered
      24-Jan-1990       07-Apr-1992    07-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit, namely, bananas.            

REFRESH-A-FRIEND

   C4019    78/923954          Allowed
      06-Jul-2006    14-Aug-2007      
Class(es):    35 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-301

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 35 Int.            
   CUSTOMER LOYALTY INCENTIVE PROGRAM FOR COMMERCIAL, PROMOTIONAL AND/OR ADVERTISING PURPOSES WHEREBY PARTICIPANTS ACCUMULATE VALUE FROM REFERRING CUSTOMERS WHICH CAN BE REDEEMED FOR CHANCES TO WIN A PRIZE


 

Thursday, March 27, 2008

  Trademark List   Page: 37

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

RRR - THREE R’S & Design

   C880    73/304028       1181417    Registered
      03-Apr-1981       08-Dec-1981    08-Dec-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-203

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh melons            

SQUEEZABLE FRUIT

   C3286    78/849677          Allowed
      30-Mar-2006    14-Nov-2006      
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-307

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class: 29 Int.            
   SHELF STABLE FRUIT PUREE      

SUN CLASSICS

   C914    74/330186       1859255    Registered
      10-Nov-1992       18-Oct-1994    18-Oct-2014
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-217

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Mar-1993

  
Goods:    Fruit Juices and Fruit Drinks         


 

Thursday, March 27, 2008

  Trademark List   Page: 38

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

SUNRISE SPLASH

   C1616    76/097904       2586342    Registered
      27-Jul-2000    03-Jul-2001    25-Jun-2002    25-Jun-2012
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-220

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Nov-2000

  
Goods:    Fruit juices and fruit drinks            

THE FIRST LADY OF FRUIT

   C886    73/754329       1542790    Registered
      22-Sep-1988       06-Jun-1989    06-Jun-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-226

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit            

THE PERFECT FAST FOOD

   C1694    76/343212       2748373    Registered
      29-Nov-2001       05-Aug-2003    05-Aug-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-230

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            


 

Thursday, March 27, 2008

  Trademark List   Page: 39

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

THESE FRUITS ARE MADE FOR WALKING

   C3349    77/149920          Allowed
      05-Apr-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-323

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 29 Int.            
   CUT FRUITS            

WHEN A LITTLE IS EXACTLY ENOUGH

   C913    74/291240       1834848    Registered
      02-Jul-1992    24-Nov-1992    03-May-1994    03-May-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-244

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Apr-1993

  
Goods:    Fresh fruit            

WILD BERRY SPLASH

   C563    75/299019       2171247    Registered
      28-May-1997    14-Apr-1998    07-Jul-1998    07-Jul-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-246

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Apr-1996

  
Goods:    Fruit juices            


 

Thursday, March 27, 2008

  Trademark List   Page: 40

Country: United States of America

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

YES! BANANAS

   C896    74/166737       1684600    Registered
      15-May-1991    04-Feb-1992    28-Apr-1992    28-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-248

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jan-1970

  
Goods:    Fresh bananas            

YES! BANANAS AND Design (BLACK & WHITE)

   C895    74/166736       1684599    Registered
      15-May-1991    04-Feb-1992    28-Apr-1992    28-Apr-2012
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-250

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:   

01-Jan-1970

  
Goods:    Fresh bananas            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 10

Country: United States of America

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRESH EXPRESS

   F268    78/854241          Published
      05-Apr-2006    25-Dec-2007      
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-6

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 29 Int.            
   SALAD TOPPINGS, NAMELY, RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVORED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, NAMELY DRIED EGG BITS, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS, PINE NUTS, DRIED VEGETABLES AND FRUITS.
   Class : 30 Int.            
   SALAD TOPPINGS, NAMELY CROUTIONS, SESAME STICKS, CRACKERS IN THE NATURE OF CHEESE STRAWS, DRIED NOODLES AND TORTILLA STRIPS.

FRESH EXPRESS & DESIGN

   F269    78/854235          Published
      05-Apr-2006    25-Dec-2007      
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 29 Int.            
   SALAD TOPPINGS, NAMELY, RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVORED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, NAMELY DRIED EGG BITS, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS, PINE NUTS, DRIED VEGETABLES AND FRUITS.
   Class : 30 Int.            
   SALAD TOPPINGS, NAMELY CROUTIONS, SESAME STICKS, CRACKERS IN THE NATURE OF CHEESE STRAWS, DRIED NOODLES AND TORTILLA STRIPS.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 11

Country: United States of America

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

STYLIZED LEAVES DESIGN

   F298    78/854912          Published
      05-Apr-2006    26-Jun-2007      
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-1

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 29 Int.            
   SALAD TOPPINGS, NAMELY, SHREDDED CHEESE, BACON BITS, DRIED VEGETABLES AND FRUITS.
   Class : 30 Int.            
   SALAD TOPPINGS, NAMELY CROUTIONS, AND TORTILLA STRIPS.

SUN RISE BAG DESIGN

   F297    78/854229          Published
      05-Apr-2006    21-Aug-2007      
Class(es):    29 Int., 30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-1

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 29 Int.            
   SALAD TOPPINGS, NAMELY, RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVORED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, NAMELY DRIED EGG BITS, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS, PINE NUTS, DRIED VEGETABLES AND FRUITS.
   Class : 30 Int.            
   SALAD TOPPINGS, NAMELY CROUTIONS, SESAME STICKS, CRACKERS IN THE NATURE OF CHEESE STRAWS, DRIED NOODLES AND TORTILLA STRIPS.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 12

Country: United States of America

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

TRANSFRESH INTELLIGENT COLD CHAIN

   T162    78/964705          Pending
      31-Aug-2006         
Class(es):    09 Int., 39 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

30186-303

  
Owner:    TRANSFRESH CORPORATION       First Use Date:      
Goods:    Class : 09 Int.            
   COMPUTER SOFTWARE THAT FACILITATES TRANSPORTATION OF GOODS, NAMELY, SOFTWARE THAT IDENTIFIES LOCATION OF REFRIGERATED UNITS AND ENABLES MONITORING AND CONTROL OF ATMOSPHERE IN REFRIGERATED UNITS
   Class : 39 Int.            
   PROVIDING ELECTRONIC TRACKING OF REFRIGERATED FREIGHT INFORMATION TO OTHERS


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Uzbekistan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1164    9401250.3       6004    Registered
      28-Sep-1994       13-Feb-1997    28-Sep-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A       Agent Ref:   

V52497/JAF/UH

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (‘92 version)

   C565    9700480.3       7581    Registered
      15-May-1997       13-Jul-1998    15-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:   

T16569/CC/TX

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    31: Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Uzbekistan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C570    9700466.3       8333    Registered
      08-May-1997       12-Mar-1999    08-May-2017
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16436-CC/ch

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
   30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
   31: Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
   32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA

   C2413          2807    Pending
      31-Dec-1993         
Class(es):    29 Int., 30 Int., 31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Classes 29, 30, 31 and 32      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Uzbekistan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C571    9700479.3       7638    Registered
      15-May-1997       28-Jul-1998    15-May-2017
Class(es):    30 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:   

T16448-CC/mw

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
   32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA & Design (‘86 version)

   C1426    MBGU9800626       9092    Registered
      26-Jun-1998      

09-Sep-1999

   26-Jun-2008
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    29: Preserved, dried and cooked fruits and vegetables
   31: Fresh fruit and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Venezuela

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2153    3716/80       105786    Registered
      05-Jun-1980       30-Nov-1983    30-Nov-2008
Class(es):    31 Int., 32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Class: 31 Int.
   Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; Seeds, natural plants and flowers; foodstuffs for animals, malt
   Class: 32 Int.
   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for Making beverages.

CHIQUITA

   C2024    95002191       P-189476    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA

   C1976    95002189       P-189474    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Venezuela

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1971    95002192       P-189477    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Beverages, mainly fruit juices and fruit juice drinks

CHIQUITA

   C1970    95002190       P-189475    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.    Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.    First Use Date:      
Goods:    Confections and bakery goods

CHIQUITA & Design (‘86 version)

   C1974    95002196       P-189480    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Beverages, mainly fruit juices and fruit juice drinks   


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: Venezuela

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C1973    95002195       P-189479    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

CHIQUITA & Design (‘86 version)

   C1972    95002194       P-189478    Registered
      20-Feb-1995       26-Apr-1996    26-Apr-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confections and bakery goods

CHIQUITA & Design (‘86 version)

   C1951    95002193       P-192030    Registered
      20-Feb-1995       31-Oct-1996    31-Oct-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried or cooked fruits and vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: Venezuela

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C1978    95002188          Pending
      20-Feb-1995         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

CONSUL & Design

   C1975    95002187          Pending
      20-Feb-1995         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-113

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

FRUPAC & DEVICE

   C352    25914/92       P-176.434    Registered
      26-Nov-1992       05-Jun-1995    05-Jun-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Vallina Grisanti & Asociados       Agent Ref:   

295-1-25.914/92

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh Fruits and Vegetables


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: West Bank

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C682    4655       4655    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Marc Bodner       Agent ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 31

CHIQUITA

   C669    4656       4656    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 32

CHIQUITA

   C667    4654       4654    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 30


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: West Bank

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C666    4653       4653    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 29

CHIQUITA & Design (‘86 version)

   C677    4660       4660    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 32

CHIQUITA & Design (‘86 version)

   C676    4659       4659    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 31


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: West Bank

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (‘86 version)

   C675    4658       4658    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    30 Int.       Attorney(s):   

CLR     CLP

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 30

CHIQUITA & Design (‘86 version)

   C674    4657       4657    Registered
      02-Dec-1996    02-Jan-2000    20-Jan-2002    02-Dec-2017
Class(es):    29 Int.       Attorney(s):   

CLR     CLP

  
Agent Name:    Marc Bodner       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    International Class Heading for Class 29


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Israel

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C1236    93798       93798    Registered
      20-Jul-1994       04-Feb-1996    20-Jul-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (’92 version)

   C716    112161       112161    Registered
      01-May-1997       05-Aug-1998    01-May-2018
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruit and vegetables            

CHIQUITA

   C1237    93799       93799    Registered
      20-Jul-1994       04-Feb-1996    20-Jul-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Israel

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1238    93802       93802    Registered
      20-Jul-1994       04-Feb-1996    20-Jul-2015
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    ALL GOODS IN CLASS 32 INCLUDING BEVERAGES

CHIQUITA

   C2790    93800       93800    Registered
      20-Jul-1994       04-Feb-1996    20-Jul-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FLOUR, PREPARATIONS MADE FROM CEREALS; BREAD, BISCUITS, PASTRY AND CONFECTIONERY, ICES; ALL INCLUDED IN CLASS 30

CHIQUITA

   C2791    93801       93801    Registered
      20-Jul-1994       04-Feb-1996    20-Jul-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables      


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Israel

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (’86 version)

   C2952    119895       119895    Registered
      26-May-1998    28-Feb-1999    07-Jun-1999    26-May-2019
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES

CHIQUITA & Design (’86 version)

   C2953    119894       119894    Registered
      26-May-1998    28-Feb-1999    07-Jun-1999    26-May-2019
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    CONFECTIONERY, EDIBLE ICES AND ICE CREAM; TEA

CHIQUITA & Design (’86 version)

   C2954    119893       119893    Registered
      26-May-1998    28-Feb-1999    07-Jun-1999    26-May-2019
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    PRESERVED, DRIED OR COOKED FRUITS AND VEGETABLES


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 4

Country: Israel

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (’86 version)

   C2955    119896       119896    Registered
      26-May-1998    28-Feb-1999    07-Jun-1999    26-May-2019
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    BODNER, FLOM & KLES       Agent Ref :      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    FRUIT-BASED BEVERAGES AND FROZEN JUICE CONCENTRATE


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 1

Country: Kazakhstan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

AMIGO

   C432    6372       4866    Registered
      10-Aug-1994       30-Dec-1996    10-Aug-2014
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables

AMIGO & Design (’92 version)

   C688    9998       8738    Registered
      13-May-1997       11-May-1999    13-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    SOJUS PATENT       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

CHIQUITA

   C656    9838       8323    Registered
      03-Apr-1997       24-Feb-1999    03-Apr-2017
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Mostek       Agent Ref:   

T16341-CC/mw

Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beverages            


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 2

Country: Kazakhstan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2416    4863       2844    Registered
      29-Oct-1993       24-Aug-1995    29-Oct-2013
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    CLASS 29: MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS; FOOD PRESERVES, PICKLES
   CLASS 31: AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND SEEDS NOT INCLUDED IN OTHER INTERNATIONAL CLASSES; LIVE ANIMALS; FRESH FRUITS AND VEGETABLES; NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS; MALT

CHIQUITA & Design (’86 version)

   C359    6193       8449    Registered
      12-Jul-1994       11-Mar-1999    12-Jul-2014
Class(es):    29 Int., 31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Intels Agency       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS, L.L.C.       First Use Date:      
Goods:    29: Preserved, dried and cooked fruits and vegetables
   31: Fresh fruits and vegetables


 

Tuesday, March 25, 2008

  Trademark List by Country   Page: 3

Country: Kazakhstan

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (’86 version)

   C356    4865          Registered
      29-Oct-1993       07-Apr-1997    29-Oct-2013
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Albihns Patentbyra Stockholm A    Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Turkish Republic of Northern Cyprus

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C971         

1401

14-Apr-1987

  

Registered

14-Apr-2015

Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA

   C970          1400    Registered
            14-Apr-1987    14-Apr-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      

CHIQUITA

   C968          1399    Registered
            14-Apr-1987    14-Apr-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Turkish Republic of Northern Cyprus

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C1339    4459       4459    Registered
      15-Apr-1998       15-Apr-1998    15-Apr-2019
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

CHIQUITA & Design (’86 version)

   C339    3186       3186    Registered
      28-Sep-1992       28-Sep-1992    28-Sep-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Kazim and Enis Dundar       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHIQUITA & Design (’86 version)

   C1338    4460       4460    Registered
      15-Apr-1998       15-Apr-1998    15-Apr-2019
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Stock Industrial Property Serv       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: United Arab Emirates

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2855    None - cauti      

none

01-Apr-1990

   Registered
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Meat, fish, poultry and game, preserved, dried and cooked fruits and vegetables, jellies, jams, eggs, milk and dairy products, edible oils and fats, preserves, pickles; coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes, flour, etc.

AMIGO

   C2751    11611       8184    Registered
   United Arab Emirates    17-Jul-1995       27-Jan-1997    17-Jul-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

AMIGO & Design (’92 version)

   C540    21873       14785    Registered
      28-May-1997    01-Dec-1997    26-Apr-1998    28-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: United Arab Emirates

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHICO

   C2750    11569       8183    Registered
      15-Jul-1995       27-Jan-1997    15-Jul-2015
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-38

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables            

CHICO & Design (’90 version)

   C572    21892    313    15334    Registered
      31-May-1997    01-Jan-1998    17-May-1998    31-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-41

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUITS AND VEGETABLES            

CHIQUITA

   C485    17452       14578    Registered
      24-Jul-1996    01-Dec-1997    22-Apr-1998    24-Jul-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    NON-ALCOHOLIC BEVERAGES            


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: United Arab Emirates

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C410    15605       14541    Registered
      03-Apr-1996    01-Dec-1997    20-Apr-1998    03-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    AGRICULTURAL, HORTICULTURAL AND FORESTRY PRODUCTS AND GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRESH FRUITS AND VEGETABLES; SEEDS, NATURAL PLANTS AND FLOWERS; FOODSTUFFS FOR ANIMALS, MALT

CHIQUITA & Design (’86 version)

   C411    15606       15257    Registered
      03-Apr-1996    01-Jan-1998    13-May-1998    03-Apr-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt in International Class 31.

CHIQUITA & Design (’86 version)

   C2899    26799       21333    Registered
      30-May-1998       13-Jun-1999    30-May-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Abu-Ghazaleh Intellectual Prop       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: United Arab Emirates

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (’94 version)

   C1311    26798       23248    Registered
      30-May-1998       24-Jan-2000    30-May-2008
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Saba & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-50

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUCIES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

CHIQUITA WITH ARABIC LOGO

   c4034    88058          Registered
      30-Nov-2006          30-Nov-2016
Class(es):    43 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ABU-GHAZALEH/TMP AGENTS       Agent Ref:   

4010930792

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 43 Int.            
   RESTAURANT SERVICES.            

CHIQUITA WITH ARABIC LOGO

   C4033    88057          Pending
      30-Nov-2006          30-Nov-2016
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ABU-GHAZALEH/TMP AGENTS       Agent Ref:   

4010930792

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 32 Int.
   FRUIT JUICES AND FRUIT DRINKS.

 


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: United Arab Emirates

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA WITH ARABIC LOGO

   C4032    88056          Pending
      30-Nov-2006          30-Nov-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ABU-GHAZALEH/TMP AGENTS       Agent Ref:   

4010930792

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 31 Int.
   FRESH FRUITS; FRESH VEGETABLES.

CHIQUITA WITH ARABIC LOGO

   c4031    88055          Registered
      30-Nov-2006          30-Nov-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    ABU-GHAZALEH/TMP AGENTS       Agent Ref:   

4010930792

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-318

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Class : 29 Int.            
   FROZEN FRUITS AND VEGETABLES; BAGGED SALADS; READY TO COOK MEALS.

 


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

(OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE

   C2786          929929    Registered
            23-Aug-1989    23-Aug-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-3

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      

AMIGO

   C996    1578382       1578382    Registered
      15-Jul-1994       15-Jul-1994    15-Jul-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-7

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruits and vegetables         

AMIGO & Design (’92 version)

   C635    2131774       2131774    Registered
      06-May-1997       01-May-1998    06-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-8

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit and vegetables         


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C2237          1359573    Registered
      03-Oct-1988       27-Apr-1990    03-Oct-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Edible Ices, Ice Cream      

CHIQUITA

   C1217          902128    Registered
      25-Nov-1966       25-Nov-1987    25-Nov-2011
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Preserved, dried and cooked fruits and vegetables      

CHIQUITA

   C888    1589113       1589113    Registered
      25-Oct-1994       22-Dec-1995    25-Oct-2011
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bakery products; flour and preparations made from cereals, bread, pastry and confectionery; coffee, tea, salt, cocoa, sugar, rice; honey, treacle; yeast, baking powder; spices; all included in Class 30


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA

   C944          1115174    Registered
      31-May-1979       31-May-1986    31-May-2010
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Non-Alcohic Drinks, Preparations for Making Such Drinks and Syrups, Fruit Juices for use as a Beverage.

CHIQUITA

   C1218          902129    Registered
      25-Nov-1966       25-Nov-1987    25-Nov-2011
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-47

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh Fruits and Fresh Vegetables      

CHIQUITA & Design (’86 version)

   C889    1589116       1589116    Registered
      25-Oct-1994       22-Dec-1995    25-Oct-2011
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Bakery products; flour and preparations made from cereals, bread, pastry and confectionery; coffee, tea, salt, cocoa, sugar, rice; honey, treacle; yeast, baking powder; spices; all included in Class 30


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CHIQUITA & Design (’86 version)

   C984    1506265       1506265    Registered
      10-Jul-1992       20-Aug-1993    10-Jul-2009
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:   

M22235-CC/mw

  
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fresh fruits and vegetables      

CHIQUITA & Design (’86 version)

   C2236          1359552    Registered
            03-Oct-1988    03-Oct-2015
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Confectionary, Edible Ices, Ice Cream

CHIQUITA & Design (’86 version)

   C2235          1359551    Registered
            03-Oct-1988    03-Oct-2015
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-49

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Fruits and Vegetables, All Being Preserved, Dried or Cooked; Jellies and Jams


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

CONSUL

   C2242    1370791       1370791    Registered
      23-Jan-1989       15-Jul-1994    23-Jan-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-112

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit, fresh vegetables, all included in Class 31   

CONSUL & Design in color

   C2246    1374870       1374870    Registered
      28-Feb-1989       02-Jun-1995    28-Feb-2016
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-114

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fresh fruit, fresh vegetables, all included in class 31   

FRUPAC

   C2220          1313909    Registered
      23-Jun-1987       21-Oct-1988    23-Jun-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    Sociedad Exportadora de Frusta    First Use Date:      
Goods:    Fresh fruit included in class 31


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 6
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRUPAC

   C2185          1172030    Registered
            23-Mar-1982    23-Mar-2013
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-128

  
Owner:    Sociedad Exportadora de Frusta    First Use Date:      
Goods:    FRESH FRUITS, FRESH VEGETABLES, FRESH NUTS, LIVE PLANTS, NATURAL FLOWERS AND SEEDS INCLUDED IN CLASS 31

FRUPAC & Design

   C2219          1313908    Registered
            23-Jun-1987    23-Jun-2008
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-129

  
Owner:    Sociedad Exportadora de Frusta    First Use Date:      
Goods:    Fresh fruit            

QUITE POSSIBLY, THE WORLD’S PERFECT FOOD & OVAL DESIGN

   C2263    1423724       1423724    Registered
      04-May-1990       18-Oct-1991    04-May-2017
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-194

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    FRESH FRUIT AND FRESH VEGETABLES


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 7
Country: United Kingdom    

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

SUN COCKTAIL

   C995    1577508       1577508    Registered
      08-Jul-1994       08-Jul-1994    08-Jul-2011
Class(es):    32 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Forrester Ketley & Co.       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-218

  
Owner:    Chiquita Brands, Inc.       First Use Date:      
Goods:    Fruit juice and fruit juice drinks

THE CHIQUITA MAGIC BOX

   C2343    2033172       2033172    Registered
      11-Sep-1995       19-Jul-1996    11-Sep-2015
Class(es):    20 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Computer Patent Annuities       Agent Ref:      
Client:    CHIQUITA BRANDS, INC.       Client Ref:   

30186-225

  
Owner:    CHIQUITA BRANDS L.L.C.       First Use Date:      
Goods:    Packaging containers; cases and boxes made wholly or pricipally of plastics material; returnable packaging containers used for shipping and displaying fresh fruit.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 1

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

FRESH EXPRESS

   F270    1300256          Published
      03-May-2006    01-Nov-2006      
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    RICHARDS BUELL SUTTON       Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-6

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    SALAD TOPPINGS, NAMELY, RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVOURED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS, PINE NUTS, DRIED VEGETABLES AND FRUITS, CROUTONS, SESAME STICKS, CHEESE STICKS, DRIED NOODLES AND TORTILLA STRIPS.

FRESH EXPRESS & DESIGN

   F280    1303096          Published
      26-May-2006    21-Mar-2007      
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    RICHARDS BUELL SUTTON       Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    SALAD TOPPINGS, NAMELY, RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVOURED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS, PINE NUTS, DRIED VEGETABLES AND FRUITS, SALAD TOPPINGS, NAMELY, CROUTONS, SESAME STICKS, CHEESE STICKS, DRIED NOODLES AND TORTILLA STRIPS


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 2

Country: Canada

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
  

Status

Next Renewal

SUN RISE BAG DESIGN

   F281    1303097          Published
      26-May-2006    06-June-2007      
Class(es):          Attorney(s):   

CLR     CCG

  
Agent Name:    RICHARDS BUELL SUTTON       Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

30186-13

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    SALAD TOPPINGS, NAMELY, RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVOURED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS, PINE NUTS, DRIED VEGETABLES AND FRUITS, SALAD TOPPINGS, CROUTONS, SESAME STICKS, CHEESE STICKS, DRIED NOODLES AND TORTILLA STRIPS


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 3

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FRESH EXPRESS & DESIGN (BLACK & WHITE)

   F307             Pending
      28-Nov-2007         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

111135

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 31 Int.
   FRESH FRUITS; FRESH VEGETABLES; LIVING ANIMALS; SEEDS; NATURAL FLOWERS; NATURAL PLANTS; FOOD STUFFS FOR ANIMALS; MALT; UNPROCESSED TIMBER; UNPROCESSED BEANS; PRODUCTS FOR ANIMAL LITTER

FRESH EXPRESS & DESIGN (BLACK & WHITE)

   F305             Pending
      28-Nov-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

111129

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 29 Int.
   FROZEN FRUITS AND VEGETABLES; BAGGED SALADS; READY TO COOK MEALS; MEAT, FISH; POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATS; SALAD DRESSINGS; PRESERVES; FOOD PRODUCTS MADE FROM FISH; PREPARED NUTS; DRIED FUNGUS; ALBUMEN FOR FOOD


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 4

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FRESH EXPRESS & DESIGN (BLACK & WHITE)

   F306             Pending
      28-Nov-2007         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

111133

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 30 Int.
   CREPES (PASTRY); PANCAKES; SANDWICHES; SPECIALTY TEAS; TEAS; FRESH READY TO COOK MEALS CONSISTING OF VEGETABLES AND OR MEAT (CONVENIENT FOOD PRODUCTS); CARTONED MEALS; COFFEE; SUGAR; CONFECTIONERY; HONEY; BREAD; DUMPLINGS; CEREAL PREPARATIONS; NOODLES; POP CORN; SOYA JUICE; STARCH FOR FOOD; EDIBLE ICES; COOKING SALT; SOYA SAUCE; FLAVOURINGS FOR CAKES (OTHER THAN ESSENTIAL OILS); LEAVEN; ESSENCES FOR FOODSTUFFS (EXCEPT ETHERIC ESSENCES AND ESSENTIAL OILS); PREPARATIONS FOR STIFFENING WHIPPED CREAM.

FRESH EXPRESS & DESIGN (COLOR)

   F309             Pending
      04-Dec-2007         
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

111120

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 30 Int.
   CREPES (PASTRY); PANCAKES; SANDWICHES; SPECIALTY TEAS; TEAS; FRESH READY TO COOK MEALS CONSISTING OF VEGETABLES AND OR MEAT (CONVENIENT FOOD PRODUCTS); CARTONED MEALS; COFFEE; SUGAR; CONFECTIONERY; HONEY; BREAD; DUMPLINGS; CEREAL PREPARATIONS; NOODLES; POP CORN; SOYA JUICE; STARCH FOR FOOD; EDIBLE ICES; COOKING SALT; SOYA SAUCE; FLAVOURINGS FOR CAKES (OTHER THAN ESSENTIAL OILS); LEAVEN; ESSENCES FOR FOODSTUFFS (EXCEPT ETHERIC ESSENCES AND ESSENTIAL OILS); PREPARATIONS FOR STIFFENING WHIPPED CREAM


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 5

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FRESH EXPRESS & DESIGN (COLOR)

   F308             Pending
      04-Dec-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

108342

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 29 Int.
   FROZEN FRUITS AND VEGETABLES; BAGGED SALADS; READY TO COOK MEALS; MEAT, FISH; POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; EGGS, MILK AND MILK PRODUCTS; EDIBLE OILS AND FATA; SALAD DRESSINGS; PRESERVES; FOOD PRODUCTS MADE FROM FISH; PREPARED NUTS; DRIED FUNGUS; ALBUMEN FOR FOOD

FRESH EXPRESS & DESIGN (COLOR)

   F310             Pending
      04-Dec-2007         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Deacons       Agent Ref :   

108437

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-7

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 31 Int.
   FRESH FRUITS; FRESH VEGETABLES; LIVING ANIMALS; SEDS; NATURAL FLOWERS; NATURAL PLANTS; FOOD STUFFS FOR ANIMALS; MALT; UNPROCESSED TIMBER; UNPROCESSED BEANS; PRODUCTS FOR ANIMAL LITTER


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 6

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FRESH EXPRESS (IN CHINESE CHARACTERS)

   C3536             Pending
      05-Nov-2007         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:      
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 31 Int.
   Fresh fruits; fresh vegetables; living animals; plant seeds; natural flowers; natural plants; food stuffs for animals; malt; unprocessed timber; unprocessed beans; products for animal litter

FRESH EXPRESS (IN CHINESE CHARACTERS)

   C3535             Pending
      05-Nov-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref :      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:      
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 29 Int.
   Frozen fruits and vegetables; bagged salads; vegetable salads; fruit salads; soups; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; preserved, dried fruits and products; tinned fruits; tinned vegetables; dried mushrooms; jellies; jams; eggs, milk and milk products; edible oils and fats; salad dressings; preserves; food products made from fish; prepared nuts; dried fungus; albumen for food


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 7

Country: China (Peoples Republic)

   

 

Trademark    Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

FRESH EXPRESS (IN CHINESE CHARACTERS)

   C3533             Pending
      05-Nov-2007         
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:      
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class: 29 Int.
   Frozen fruits and vegetables; bagged salads; vegetable salads; fruit salads; soups; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; preserved, dried fruits and products; tinned fruits; tinned vegetables; dried mushrooms; jellies; jams; eggs, milk and milk products; edible oils and fats; salad dressings; preserves; food products made from fish; prepared nuts; dried fungus; albumen for food

FRESH EXPRESS (IN CHINESE CHARACTERS)

   C3534             Pending
      05-Nov-2007         
Class(es):    31 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:          Agent Ref:      
Client:    FRESH EXPRESS INCORPORATED    Client Ref:      
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class 31 Int.
   Fresh fruits; fresh vegetables; living animals; plant seeds; natural flowers; natural plants; food stuffs for animals; malt; unprocessed timber; unprocessed beans; products for animal litter


Fresh Express Technically Live Marks (w/ ITUs)

 

Reg./Ser. No.

  

Mark

  

Owner

2569875

   FRESH EXPRESS    Fresh Express Incorporated

2531188

   HAPPY HOLIDAY SALAD    Fresh Express Incorporated

2494146

   LAUREL’S GARDEN    Fresh Express Incorporated

3141978

   SO SWEET SO SIMPLE SO SMART    Fresh Express Incorporated

2501721

   TENDER EARLY PICK    Fresh Express Incorporated

2589314

   THE ONE WITH THE CHICKEN!    Fresh Express Incorporated

2473412

   DELICATE EARLY PICK    Fresh Express Incorporated

2628598

   CRAZY CAROL CARROT    Fresh Express, Inc.

2213546

  

ORIGINAL ICEBERG

GARDEN SALAD

   Fresh Express, Inc.

78-889537

   PICK YOUR MIX    Fresh Express Incorporated

78-890703

   DRESS WITH ZEST    Fresh Express Incorporated

78-944600

   ADD EXTRA CRUNCH    Fresh Express Incorporated

77-024138

  

1 PICK A SALAD MIX 2 ADD

EXTRA CRUNCH 3 BOOST

THE FLAVOR 4 DRESS

WITH ZEST

   Fresh Express Incorporated

77-024185

   1 PICK A SALAD MIX    Fresh Express Incorporated

77-024208

   2 ADD EXTRA CRUNCH    Fresh Express Incorporated

77-024227

   3 BOOST THE FLAVOR    Fresh Express Incorporated

77-024242

   4 DRESS WITH ZEST    Fresh Express Incorporated

77-065698

   FRESHSTICKS    Fresh Express Incorporated


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 8

Country Mexico

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status Next
Renewal

LEAVES DESIGN

   F272    778672       936380    Registered
      21-Apr-2006       29-May-2006    21-Apr-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:   

06M0957

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-12

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 30 Int.            
   CROUTONS, SESAME STICKS, CHEESE STICKS (BREAD), DRIED NOODLES AND TORTILLA STRIPS.

LEAVES DESIGN

   F271    778671       938321    Registered
      21-Apr-2006       14-Jun-2006    21-Apr-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:   

06M0956

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-12

  
Owner:    FRESH EXPRESS INC       First Use Date:      
Goods:    Class : 29 Int.            
   RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVORED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS AND PINE NUTS; DRIED VEGETABLES AND FRUITS.

SUNRISE DESIGN

   F276    778676       936381    Registered
      21-Apr-2006       29-May-2006    21-Apr-2016
Class(es):    30 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:   

06M0961

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-13

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 30 Int.            
   CROUTONS, SESAME SICKS, CHEESE STICKS (BREAD), DRIED NOODLES AND TORTILLA STRIPS.


 

Wednesday, March 26, 2008

  Trademark List by Country   Page: 9

Country Mexico

   

 

Trademark

   Case Number    Application
Number/Date
   Publication
Number/Date
   Registration
Number/Date
   Status
Next Renewal

SUNRISE DESIGN

   F275    778675       938322    Registered
      21-Apr-2006       14-Jun-2006    21-Apr-2016
Class(es):    29 Int.       Attorney(s):   

CLR     CCG

  
Agent Name:    Olivares & Cia       Agent Ref:   

06M0960

  
Client:    FRESH EXPRESS INCORPORATED    Client Ref:   

35714-13

  
Owner:    FRESH EXPRESS INC.       First Use Date:      
Goods:    Class : 29 Int.            
   RAISINS, DRIED CRANBERRIES, DRIED CHERRIES, SHREDDED CHEESE, BACON BITS, BACON FLAVORED SOY AND/OR VEGETABLE PROTEIN BITS, EGG CRUMBLES, CHOPPED PROCESSED NUTS, SUNFLOWER SEEDS AND PINE NUTS; DRIED VEGETABLES AND FRUITS.


TRADEMARK RECORDS BY COUNTRY

   SCHEDULE 1

 

Owner

 

Trademark

  

Country

  

Appl. Date

  

No

  

Status

  

Agent

    

Client

  File Reference    Next Renewal Date    Reg. Date    No.    Sub Status    Supervisor     

CANADA

                   

Fresh Express Incorporated

  (DEVICE ONLY)    Canada    26-May-2006    1303096    Registered    RICHARDS BUELL SUTTON LLP    LOGO
  4634-OFH    26-May-2021    26-May-2006    not registered       E. Lynn Perry   

Class

 

Goods

 

 

(1) Salad toppings, namely, raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits; Salad toppings, namely, croutons, sesame sticks, cheese sticks, dried noodles and tortilla strips.

 

Fresh Express Incorporated

  (DEVICE ONLY)    Canada    26-May-2006    1303097    Registered    RICHARDS BUELL SUTTON LLP    LOGO
  4634-OFH    26-May-2021    26-May-2006    not registered       E. Lynn Perry   
   

(1) Salad toppings, namely, raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits; Salad toppings, namely, croutons, sesame sticks, cheese sticks, dried noodles and tortilla strips.

 

Fresh Express Incorporated

  FRESH EXPRESS    Canada    4-Jan-2006    1284911    Registered    TORYS LLP   

Fresh Express Incorporated

  4634-171    23-Jan-2022    23-Jan-2007    TMA680081       E. Lynn Perry   

Class

 

Pre-cut fresh vegetables, pre-cut fresh fruits, salad kits consisting of precut vegetables or fruit and salad dressings, condiments, or dips.

Goods

 

Fresh Express Incorporated

  FRESH EXPRESS    Canada    3-May-2006    1300256    Registered    RICHARDS BUELL SUTTON LLP   
  4634-OFH    3-May-2021    3-May-2006    not registered       E. Lynn Perry   

Class

 

Goods

 

(1) Salad toppings, namely, raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits, croutons, sesame sticks, cheese sticks, dried noodles and tortilla strips.

 

Page 1 of 19


Fresh Express Incorporated

  FRESH EXPRESS & LEAVES LOGO    Canada    2-Jul-2004    1222358    Registered    TORYS LLP    LOGO

Fresh Express Incorporated

  4634-151    21-Jul-2020    21-Jul-2005    TMA644791       E. Lynn Perry   

Class

 

Goods

 

 

(1) Cut, ready-to-serve fresh vegetables.

 

               

Fresh Express Incorporated

  FRESH EXPRESS stylized    Canada    10-Sep-1991    689516    Registered    GOWLING LAFLEUR HENDERSON LLP    LOGO

Fresh Express Incorporated

  4634-152    18-Jan-2014    18-Jan-1999    TMA506645       E. Lynn Perry   

Class

 

Goods

 

 

(1) Fresh vegetables, and fresh vegetables pre-cut and packaged for use in salads.

 

Fresh Express Incorporated

  MEDITERRANEAN SUPREME    Canada    19-Jan-2007    1331983    Pending      

Fresh Express Incorporated

  4634-322 CA                E. Lynn Perry   

Fresh Express Incorporated

  PACIFICA! VEGGIE SUPREME    Canada    19-Jan-2007    1331983    Pending      

Fresh Express Incorporated

 

 

4634-322CA

 

                      

E. Lynn Perry

 

    

Fresh Express Incorporated

  Sunrise Package Design    Canada    2-Jul-2004    1222352    Registered    TORYS LLP    LOGO

Fresh Express Incorporated

  4634-153    6-Dec-2020    6-Dec-2005    TMA654431       E. Lynn Perry   

Class

 

(1) Packaged pre-cut ready to serve vegetable salads and salad kits.

Goods

 

   

UNITED STATES OF AMERICA

Fresh Express Incorporated

  1 MIX 2 CRUNCH 3 FLAVOR 4 ZEST    United States of America   

18-Oct-2006

   77024115    Pending       DESIGN LOGO NOT AVAILABLE

 

Page 2 of 19


Fresh Express Incorporated

  4634-317                E. Lynn Perry   

Class

  29                  

Goods

 

 

Prepackaged garden and vegetable salads, salad dressing, salad accoutrements, namely, bacon bits, croutons, nuts, seeds, etc.

 

Fresh Express Incorporated

  50/50 MIX    United States of America    8-Jun-2005    78646684    Registered      

Fresh Express Incorporated

  4634-147    5-Sep-2016    5-Sep-2006    3140699       E. Lynn Perry   

Class

  29                  

Goods

 

 

Fresh packaged vegetable salads comprised primarily of lettuces

 

Fresh Express Incorporated

  ASIAN SUPREME    United States of America    11-Feb-2005    78565804    Registered      

Fresh Express Incorporated

  4634-136    20-Jun-2016    20-Jun-2006    3108155       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut fresh packaged fruits and vegetables; salad kits consisting of precut vegetables or fruits and salad dressings

 

Fresh Express Incorporated

  B.L.T. CAESAR    United States of America    7-Oct-2004    78496501    Registered      

Fresh Express Incorporated

  4634-129    1-Aug-2016    1-Aug-2006    3125077    Supplemental    E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged pre-cut ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor

 

Fresh Express Incorporated

  BABY! FLAVORFUL BLENDS & Circle Design    United States of America    3-May-2006    78876010    Registered       LOGO

Fresh Express Incorporated

  4634-149    28-Aug-2017    28-Aug-2007    3286149       E. Lynn Perry   

Class

  29                  

Goods

 

 

Fresh vegetable salads comprised primarily of lettuces

 

Fresh Express Incorporated

  BOOST THE FLAVOR    United States of America    26-Jun-2006    78917395    Pending      

Fresh Express Incorporated

  4634-312             Allowance Issued    E. Lynn Perry   

 

Page 3 of 19


Class

  29                  

Goods

 

 

Salad toppings to be sold in grocery stores, namely, bacon bits, bacon flavored soy protein, bits, bacon flavored vegetable protein bits, chicken, cheese, croutons, nuts, seeds, cooked vegetables, fresh vegetables, marinated vegetables, and dried vegetables, fresh fruit, dried fruit, salad dressings, meats, olives, eggs, corn chips, dried noodles, sesame sticks, tortilla strips

 

  

Fresh Express Incorporated

  CAESAR SUPREME    United States of America    17-Jun-1997    75309861    Registered      

Fresh Express Incorporated

  4634-96    4-Aug-2008    4-Aug-1998    2178338       E. Lynn Perry   

Class

  29                  

Goods

 

 

prepackaged salads except macaroni, rice and pasta salads

 

         

Fresh Express Incorporated

  CAESARLITE    United States of America    7-Oct-2004    78496511    Registered      

Fresh Express Incorporated

  4634-130    17-Jan-2016    17-Jan-2006    3047134       E. Lynn Perry   

Class

  29                  

Goods

  Packaged pre-cut ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings and croutons      

Fresh Express Incorporated

  CAFÉ FRESH    United States of America    5-Mar-2003    78222163    Registered      

Fresh Express Incorporated

  4634-104    29-Jun-2014    29-Jun-2004    2859000       E. Lynn Perry   

Class

  29                  

Goods

 

 

29 Prepackaged fresh cut salads, and vegetables

 

         

Fresh Express Incorporated

  CALIFORNIA CRISP    United States of America    23-Sep-2003    78304503    Registered      

Fresh Express Incorporated

  4634-116    24-Aug-2014    24-Aug-2004    28777711       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut, packaged fresh vegetables for salads

 

         

Fresh Express Incorporated

  COOL WATERMELON    United States of America    17-Jan-2002    76360152    Registered      

Fresh Express Incorporated

  4634-6    27-May-2013    27-May-2003    2720004       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut packaged fruits and salads and snack kits comprised in part of precut fruit and salads

 

         

Fresh Express Incorporated

  COOL WATERMELON GRAPE    United States of America    4-Jun-2001    76266565    Registered      

Fresh Express Incorporated

  4634-7    15-Apr-2013    15-Apr-2003    2707767       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut packaged fruits and salads

 

         

Fresh Express Incorporated

  CRISP APPLE ORANGE    United States of America    30-Jul-2001    76292637    Registered      

 

Page 4 of 19


Fresh Express Incorporated

  4634-9    6-May-2013    6-May-2003    2714741       E. Lynn Perry   

Class

  29                  

Goods

 

 

packaged, pre-cut fruits and fruit salads

 

         

Fresh Express Incorporated

  DOUBLE CARROTS    United States of America    21-Jul-1999    75756214    Registered      

Fresh Express Incorporated

  4634-12    5-Sep-2010    5-Sep-2000    2384248       E. Lynn Perry   

Class

  29                  

Goods

 

 

FRESH CUT VEGETABLES AND FRESH PACKAGED SALADS

 

         

Fresh Express Incorporated

  EVERYTHING BUT THE DRESSING    United States of America    6-Feb-2003    78211964    Registered      

Fresh Express Incorporated

  4634-103    31-Aug-2014    31-Aug-2004    2880392       E. Lynn Perry   

Class

  29                  

Goods

  Garden salads; salad kits consisting primarily of lettuce, nuts, berries, fruits, cheese, and also including croutons; fresh precut packaged vegetables and fruits.   

Fresh Express Incorporated

  EXPERIENCE THE FRESHNESS    United States of America    28-Feb-2006    78825399    Registered      

Fresh Express Incorporated

  4634-301    10-Jul-2017    10-Jul-2007    3263184       E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged pre-cut ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor.

 

    

Fresh Express Incorporated

  EXPERIENCE THE FRESHNESS & Design    United States of America    11-Apr-2006    78859413    Registered       LOGO

Fresh Express Incorporated

  4634-303    25-Sep-2017    25-Sep-2007    3299910       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut packaged fresh vegetables and garden salads

 

         

Fresh Express Incorporated

  FIND INSPIRATION IN EVERY BAG    United States of America    21-Aug-2006    78956463    Pending      

Fresh Express Incorporated

  4634-314                E. Lynn Perry   

Class

  29                  

goods

  Fresh precut packaged fruit and vegetable salads, salad toppings, namely, dried fruit and vegetables, bacon flavored soy protein bits, bacon flavored vegetable protein bits, cheese, meats   

Class

       

goods

 

 

Salad dressing, salad accoutrements, namely, croutons, sesame sticks, dried noodles, tortilla strips

 

    

Fresh Express Incorporated

  FLAVORFUL BABY! BLENDS    United States of America    18-Apr-2006    78864295    Registered      

 

Page 5 of 19


Fresh Express Incorporated

  4634-304    9-Oct-2017    9-Oct-2007    3306885       E. Lynn Perry    LOGO

 

Class

  29                  

Goods

 

 

Packaged pre-cut ready to serve lettuces

 

         

Fresh Express Incorporated

  FORKSTICKS    United States of America    15-Dec-2006    77065694    Pending      

Fresh Express Incorporated

  4634-324                E. Lynn Perry   

Class

  21                  

Goods

 

 

eating utensils in the nature of modified chopsticks

 

         

Fresh Express Incorporated

  FRESH ADVANTAGE    United States of America    21-Feb-1991    75977005    Registered      

Fresh Express Incorporated

  4634-125    5-May-2018    5-May-1998    2155832       E. Lynn Perry   

Class

  31                  

Goods

 

 

fresh fruits and vegetables

 

         

Fresh Express Incorporated

  FRESH EXPRESS    United States of America    15-Oct-1998    75571155    Registered      

Fresh Express Incorporated

  4634-13    2-May-2010    2-May-2000    2346673       E. Lynn Perry   

Class

  29                  

Goods

  CUT READY-TO-SERVE FRESH VEGETABLES      

Class

  30                  

Goods

  SALAD DRESSING      

Class

  31                  

Goods

 

 

Fresh Vegetables

 

                             

Fresh Express Incorporated

  FRESH EXPRESS    United States of America    5-Apr-2006    78854241    Pending    Lynda E. Roesch   
  4634-OFH                E. Lynn Perry   

Class

  29                  

Goods

 

Salad toppings, namely, raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, namely dried egg bits, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits.

  

Class

  30                  

Goods

 

 

Salad toppings, namely croutons, sesame sticks, crackers in the nature of cheeds straws, dried noodles and tortilla strips

 

    

Fresh Express Incorporated

  FRESH EXPRESS & Leaves Logo    United States of America    19-Jan-1999    75623223    Registered      

 

Page 6 of 19


Fresh Express Incorporated

  4634-17    27-Jun-2010    27-Jun-2000    2363302       E. Lynn Perry    LOGO

Class

  29                  

Goods

 

 

CUT, READY-TO-SERVE FRESH VEGETABLES

 

         

Fresh Express Incorporated

  FRESH EXPRESS & Leaves Logo    United States of America    16-Dec-2004    78534042    Registered       LOGO

 

Fresh Express Incorporated

  4634-132    13-Dec-2015    13-Dec-2005    3028912       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut fresh packaged fruits and vegetables, salad kits consisting of precut vegetables or fruits and salad dressings

 

Fresh Express Incorporated

  FRESH EXPRESS & Shield Design    United States of America    5-Apr-2006    78854235    Pending       LOGO

 

Fresh Express Incorporated

 

 

4634-132.1 OFH

               E. Lynn Perry   

Class

  29                  

Goods

  Salad toppings, namely raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits.

Class

  30                  

Goods

 

 

Salad toppings, namely croutons, sesame sticks, cheese sticks, dried noodles and tortilla strips

 

         

Fresh Express Incorporated

  FRESH EXPRESS ALLIANCE FOR FRESH FOOD SAFETY    United States of America    20-Apr-2007    77162364    Pending      
   

4634-329

 

                      

E. Lynn Perry

 

    

Fresh Express Incorporated

  FRESH EXPRESS AMERICA’S FRESH COLE SLAW & Design    United States of America    24-Jun-1999    75736625    Registered      

 

Page 7 of 19


Fresh Express Incorporated

  4634-18    19-Jun-2011    19-Jun-2001    2462558       E. Lynn Perry    LOGO

 

Class

  29                  

 

Goods

 

 

Cole slaw

 

       

Fresh Express Incorporated

  FRESH EXPRESS PROMISE & Circle Design    United States of America    12-Apr-2008    78859869    Pending       LOGO

 

Fresh Express Incorporated

  4634-302                E. Lynn Perry   

Class

  29                  

Goods

  Precut packaged fresh vegetables and garden salads      

Class

                   

Goods

  Salad dressings          

Fresh Express Incorporated

  FRESH EXPRESS REAL! FRESH! FRUIT! & Design    United States of America    27-Jan-03    78207608    Registered       DESIGN LOGO NOT AVAILABLE

Fresh Express Incorporated

  4634-100    27-Jul-14    27-Jul-04    2866618       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut fresh packaged fruits

 

         

Fresh Express Incorporated

  FRESH EXPRESS SALAD SPOT & Design    United States of America    22-Jun-2005    78656137    Registered       LOGO

 

Fresh Express Incorporated

  4634-150    4-Dec-2017    4-Dec-2007    3349587       E. Lynn Perry   

 

Class

  29                  

Goods

 

 

Precut fresh packaged fruits and vegetables, salad kits consisting of precut vegetables or fruits and salad dressings

 

    

Fresh Express Incorporated

  FRESH EXPRESS TAKEOUTS    United States Of America    7-Feb-2007    77101668    Pending      

 

Page 8 of 19


Fresh Express Incorporated

  4634-327                E. Lynn Perry   

Class

  29                  

Goods

 

 

Prepackaged garden and vegetable salads, salad dressing, salad accoutrements, namely, bacon bits, croutons, nuts, seeds, prepared meats

 

    

Fresh Express Incorporated

  FRESH FUNDS    United States of America    7-Feb-2008    77391269    Pending      
  4634-335                E. Lynn Perry   

Class

  35                  

Goods

 

Consumer loyalty program or commercial, promotional, and/or advertising purposes in the field of fresh and packaged produce, namely administration of frequent buyer program that allows members to redeem points for prizes

 

    

Fresh Express Incorporated

  FRESHNESS YOU CAN TASTE    United States of America    20-Dec-2005    78777261    Pending      

Fresh Express Incorporated

  4634-166             Allowance Issued    E. Lynn Perry   

Class

  29                  

Goods

 

 

Fruit salads; Pre-cut vegetable salad

 

              

Fresh Express Incorporated

  FRUIT SNACKERS    United States of America    8-Feb-2002    76368557    Registered      

Fresh Express Incorporated

  4634-23    21-Oct-2013    21-Oct-2003    2776642       E. Lynn Perry   

Class

  29                  

Goods

 

 

packaged, precut fruits and fruit salads, including packaged snack kits consisting of precut fruits and fruit salads

 

         

Fresh Express Incorporated

  FRUIT SNACKERS    United States of America    3-Jun-2002    76414075    Registered      

Fresh Express Incorporated

  4634-24    30-Mar-2014    30-Mar-2004    2826982       E. Lynn Perry   

Class

  29                  

Goods

 

 

Snack kits comprised primarily of packaged, precut fruits and fruit salads, dairy products, namely cheese, processed cheese and yogurt, and also containing snack foods, namely, bagels, crackers, granola, wheat-based snack products, and grain and cereal -based food bars.

 

    

Fresh Express Incorporated

  FRUITABLES    United States of America    25-Feb-2005    78575374    Pending      

Fresh Express Incorporated

  4634-138                E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut packaged fruit with accompanying dip

 

         

Fresh Express Incorporated

  FRUITABLES    United States of America    6-Apr-2005    78602983    Pending      

Fresh Express Incorporated

  4634-140                E. Lynn Perry   

Class

  29                  

Goods

 

 

Cut fruit packed in plastic bowls and cut fruit packed in plastic bowls with a fruit dip

 

    

Fresh Express Incorporated

  GOLDEN PINEAPPLE MEDLEY    United States of America    2-Jul-2003    78269990    Registered      

 

Page 9 of 19


Fresh Express Incorporated

  4634-106    14-Mar-2016    14-Mar-2006    3067366       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut, packaged fresh fruits

 

         

Fresh Express Incorporated

  GOURMET CAFE SALADS    United States of America    22-Nov-2006    77050290    Pending      

Fresh Express Incorporated

  4634-321             advertised    E. Lynn Perry   

Class

  29                  

Goods

  pre-cut fruit and vegetable salads and salad kits comprised of pre-cut fruit, pre-cut vegetables, salad dressing, cheese, prepared meat, processed edible seeds, nut meats      

Class

  30                  

Goods

 

 

salad kits comprised of croutons, corn chips

 

         

Fresh Express Incorporated

  GREEN & CRISP & Design    United States of America    2-Oct-2003    78308731    Registered       DESIGN LOGO NOT AVAILABLE

Fresh Express Incorporated

  4634-121    19-Oct-2014    19-Oct-2004    2895732       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut, packaged fresh vegetables for salads

 

         

Fresh Express Incorporated

  GREENER EUROPEAN    United States of America    14-Oct-1998    75569601    Registered      

Fresh Express Incorporated

  4634-26    1-Feb-2010    1-Feb-2000    2313742       E. Lynn Perry   

Class

  29                  

Goods

 

 

Garden Salads

 

                             

Fresh Express Incorporated

  ICEBERG LOVER’S    United States Of America    13-Aug-1999    75775664    Registered      

Fresh Express Incorporated

  4634-28       5-Jun-2001    2458415       E. Lynn Perry   

Class

  29                  

Goods

 

 

Fresh cut vegetables and garden salads, salad kits comprised of mixed garden salad and salad dressing

 

    

Fresh Express Incorporated

  IMAGINE THE FLAVOR    United States of America    19-Jun-2006    78911789    Pending      

Fresh Express Incorporated

  4634-309                E. Lynn Perry   

Class

  29                  

Goods

  Precut packaged garden, fruit, and vegetable salads, and salad toppings, namely, dried fruit and ried vegetables, bacon flavored soy protein bits, bacon flavored vegetable protein bits   

Class

  30                  

Goods

  Salad dressing, salad acoutrements, namely, croutons, sesame sticks, dried noodles, tortilla strips     

 

Page 10 of 19


Fresh Express Incorporated

  KEEP-CRISP    United States of America    14-Oct-1998    75569917    Registered      

Fresh Express Incorporated

  4634-29    19-Sep-2010    19-Sep-2000    2388846    Supplemental    E. Lynn Perry   

Class

  29                  

Goods

 

 

Garden salads

 

                             

Fresh Express Incorporated

  KEEP-CRISP    United States of America    26-Apr-2007    77167050    Pending      
  4634-29.1                E. Lynn Perry   

Class

  29                  

Goods

 

 

Plastic food storage bags for food packaging, sold as an integral component of fresh cut produce, namely, cut fruits, cut vegetables and pre-cut vegetable salads

 

    

Fresh Express Incorporated

  Leaves Design    United States of America    27-Aug-1999    75786914    Registered       LOGO

 

Fresh Express Incorporated

  4634-31    16-May-2010    16-May-2000    2350349       E. Lynn Perry   

Class

  29                  

Goods

 

 

FRESH CUT FRUITS AND VEGETABLES AND GARDEN SALADS, SALAD KITS COMPRISED OF MIXED GARDEN SALAD AND SALAD DRESSING

 

         

Fresh Express Incorporated

  Leaves Design    United States of America    5-Apr-2008    78854912    Pending       LOGO

 

Fresh Express Incorporated

  4634-31.1 OFH            

 

Allowance Issued

   E. Lynn Perry   

Class

  29                  

Goods

  Salad toppings namely, raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits.   

Class

  30                  

Goods

 

 

Salad toppings, namely, croutons, sesame sticks, cheese sticks, dried noodles and tortilla strips

 

         

Fresh Express Incorporated

  LETTUCE TRIO    United States of America    25-Sep-2003    78305662    Registered      

Fresh Express Incorporated

  4634-118    22-Feb-2015    22-Feb-2005    2928418    Supplemental    E. Lynn Perry   

Class

  29                  

Goods

 

 

Prepackaged vegetable salads and salad kits

 

         

Fresh Express Incorporated

  LETTUCE TRIO & Design    United States of America    2-Oct-2003    78308724    Registered       DESIGN LOGO NOT AVAILABLE

Fresh Express Incorporated

  4634-119    19-Oct-2014    19-Oct-2004    2895731       E. Lynn Perry   

 

Page 11 of 19


Class

  29                  

Goods

 

 

Prepackaged vegetable salads

 

         

Fresh Express Incorporated

  Lettuce Trio Package Design    United States of America    7-Oct-2003    78310651    Registered      

Fresh Express Incorporated

  4634-120    12-Dec-2016    12-Dec-2006    3185035       E. Lynn Perry   

LOGO

 

Class

 

 

29

                 

 

Goods

 

 

 

29 Precut, packaged ready-to-serve vegetable salads, salad kits, and precut fresh vegetables for salads

 

       

Fresh Express Incorporated

  MAKE IT A MEAL TONIGHT!    United States of America    28-Mar-2001    76233880    Registered      

Fresh Express Incorporated

  4634-34    18-Jun-2012    18-Jun-2002    2581704       E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged, pre-cut, ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor

 

    

Fresh Express Incorporated

  MAKE TONIGHT SALAD NIGHT!    United States of America    28-Mar-2001    76233881    Registered      

Fresh Express Incorporated

  4634-35    11-Jun-2012    11-Jun-2002    2578100       E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged, pre-cut, ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor

 

    

Fresh Express Incorporated

  MEDITERRANEAN SUPREME    United States of America    22-Nov-2006    77050306    Registered      

Fresh Express Incorporated

  4634-323    16-Oct-2017    16-Oct-2007    3310719       E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged fresh pre-cut vegetable salads and salad kits comprised of packaged fresh pre-cut vegetable salads, cheese, croutons, salad dressing.

 

         

Fresh Express Incorporated

  MORE CARROT GOODNESS THAN OUR REGULAR ICEBERG SALA    United States of America    11-Sep-2003    78299439    Registered      

Fresh Express Incorporated

  4634-115    29-Mar-2015    29-Mar-2005    2936112       E. Lynn Perry   

Class

  29                  

Goods

  Prepackaged vegetable salads                         

 

Page 12 of 19


Fresh Express Incorporated

  MORE CARROTS AMERICAN    United States of America    14-Oct-1998    75569621    Registered      

Fresh Express Incorporated

  4634-36    8-Feb-2010    8-Feb-2000    2315991       E. Lynn Perry   

Class

  29                  

Goods

 

 

Garden salad

 

                             

Fresh Express Incorporated

  ORIGINAL ICEBERG GARDEN SALAD    United States of America    14-Mar-2006    78837141    Registered      

Fresh Express Incorporated

  4634-37.1    12-Dec-2016    12-Dec-2006    3183887       E. Lynn Perry   

Class

  29                  

Goods

 

 

Prepackaged fresh cut garden salads

 

    

Fresh Express Incorporated

  PACIFICA! VEGGIE SUPREME    United States of America    22-Nov-2006    77050305    Pending      

Fresh Express Incorporated

  4634-322                E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged fresh pre-cut vegetable salads and salad kits comprised of packaged fresh pre-cut vegetable salads, edible seeds, soy nuts, salad dressing

 

    

fresh Express Incorporated

  PREMIUM ROMAINE & Design    United States of America    3-Oct-2003    78309406    Registered      

LOGO

 

fresh Express Incorporated

 

 

4634-123

  

 

14-Dec-2014

  

 

14-Dec-2004

  

 

2910836

     

 

E. Lynn Perry

  

Class

  29                  

Goods

 

 

Precut, packaged fresh vegetables for salads

 

    

Fresh Express Incorporated

  R REDI-CUT FOODS, INC. (stylized)    United States of America    13-Apr-1992    74265112    Registered      

 

Fresh Express Incorporated

 

 

4634-99

  

 

1-Dec-2012

  

 

1-Dec-1992

  

 

1736904

     

 

E. Lynn Perry

   LOGO

 

Class

 

 

31

                 

Goods

 

 

fresh pre-cut vegetables

 

    

Fresh Express Incorporated

  REAL! FRESH! FRUIT! & 3-Pack Side Label Design    United States of America    21-Aug-2002    78156592    Registered       DESIGN LOGO NOT AVAILABLE

 

Fresh Express Incorporated

 

 

4634-78

  

 

13-Apr-2014

  

 

13-Apr-2004

  

 

2833193

     

 

E. Lynn Perry

  

Class

  29                  

Goods

 

 

Precut fresh packaged fruits

 

    

Fresh Express Incorporated

  REAL! FRESH! FRUIT! & Circumference Label Design    United States of America    21-Aug-2002    78156595    Registered      

 

Page 13 of 19


Fresh Express Incorporated

 

 

4634-77

 

  

29-Jun-2014

 

  

29-Jun-2004

 

  

2858841

 

       

E. Lynn Perry

 

  

DESIGN LOGO NOT AVAILABLE Design

 

Fresh Express Incorporated

  REAL! FRESH! FRUIT! (stylized)    United States of America    17-Oct-2002    78175631    Registered       DESIGN LOGO NOT AVAILABLE

Fresh Express Incorporated

  4634-95    30-Mar-2014    30-Mar-2004    2827812       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut packaged fruits and salads

 

         

Fresh Express Incorporated

  REAL! FRESH! FRUIT! FRUIT SNACKERS! & Label Design    United States of America    21-Aug-2002    78156598    Registered       DESIGN LOGO NOT AVAILABLE

Fresh Express Incorporated

  4634-79    1-Jun-2014    1-Jun-2004    2847447       E. Lynn Perry   

Class

  29                  

Goods

 

 

Precut fresh packaged fruits, crackers, sold a as unit

 

         

Fresh Express Incorporated

  ROYAL BLEND    United States of America    6-Mar-2001    76221150    Registered      

Fresh Express Incorporated

  4634-44    14-Jun-2015    14-Jun-2005    2961624       E, Lynn Perry   

Class

  29                  

Goods

 

 

Packaged pre-cut ready to serve vegetable salads and salad kits

 

         

Fresh Express Incorporated

  SALAD BAR EXPRESS    United States of America    23-Sep-2005    78719905    Pending      

Fresh Express Incorporated

  4634-165                E. Lynn Perry   

Class

  29                  

Goods

 

 

Garden vegetable and fruit salads; salad kits consisting primarily of lettuce, nuts, berries, fruits, cheese, chicken, bacon bits, nuts and croutons

 

    

Fresh Express Incorporated

  SALSA! ENSALADA SUPREME    United States of America    13-Jan-2005    78547363    Registered      

Fresh Express Incorporated

  4634-134    3-Oct-2016    3-Oct-2006    3152061       E. Lynn Perry   

 

Page 14 of 19


Class

  29                   DESIGN LOGO NOT AVAILABLE

Goods

 

 

Precut fresh packaged vegetables, salad kits consisting of precut vegetables, cheese, tortilla strips and salad dressing

 

         

Fresh Express Incorporated

  SHREDS!    United States of America    30-Mar-2005    78598554    Registered      

Fresh Express Incorporated

  4634-53    27-Nov-2017    27-Nov-2007    3343791       E. Lynn Perry   

Class

  29                  

Goods

 

 

Prepackaged lettuce

 

         

Fresh Express Incorporated

  SIMPLY FOR SALADS    United States of America    2-Jun-2006    78899157    Pending      

Fresh Express Incorporated

  4634-308             Allowance Issued    E. Lynn Perry   

Class

  29                  

Goods

  Precut packaged fruit, vegetable, and garden salads and salad toppings, namely, bacon bits, processed nuts, processed edible seeds, dried vegetable bits, bacon flavored soy protein bits and bacon flavored vegetable protein bits   

Class

  30                  

Goods

 

 

Salad toppings, namely croutons, sesame sticks, dried noodles, tortilla chips and salad dressings

 

    

Fresh Express Incorporated

  STAY FRESH SEAL    United States of America    23-Mar-2007    77139358    Pending      

Fresh Express Incorporated

  4634-328                E. Lynn Perry   

Class

  16                  

Goods

 

 

Plastic food storage bags containing fresh cut produce; fresh cut produce

 

         

Fresh Express Incorporated

  Sunrise Design    United States of America    5-Apr-2006    78854229    Pending      

Fresh Express Incorporated

  4634-58.1 OFH             advertised    E. Lynn Perry   

LOGO

Class

  29                  

Goods

  Salad toppings, namely, raisins, dried cranberries, dried cherries, shredded cheese, bacon bits, bacon flavored soy and/or vegetable protein bits, egg crumbles, chopped processed nuts, sunflower seeds, pine nuts, dried vegetables and fruits.   

Class

  30                  

Goods

 

 

Salad toppings, namely, croutons, sesame sticks, cheese sticks, dried noodles and tortilla strips

 

       

 

Page 15 of 19


Fresh Express Incorporated

  Sunrise Design (Everything but the Dressing)    United States of America    5-Sep-2003    78296912    Registered       LOGO

Fresh Express Incorporated

  4634-108    15-Mar-2015    15-Mar-2005    2932855       E. Lynn Perry   

Class

  29                  

Goods

 

 

Salad kits consisting primarily of lettuce, vegetables, nuts and berries

 

Fresh Express Incorporated

  Sunrise Organic Package Design    United States of America    23-Sep-2002    78167078    Registered       LOGO

Fresh Express Incorporated

  4634-91    7-Aug-2017    7-Aug-2007    3275997       E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged pre-cut ready to serve vegetable salads, fruit salads and salad kits, comprised of precut fruits, vegetables and salad dressing

 

Fresh Express Incorporated

  Sunrise Package Design    United States of America    24-Apr-2001    76246252    Registered       LOGO

Fresh Express Incorporated

  4634-58    11-Mar-2013    11-Mar-2003    2694754       E. Lynn Perry   

Class

  29                  

Goods

 

 

PACKAGED PRE-CUT READY TO SERVE VEGETABLE SALADS AND SALAD KITS

 

Fresh Express Incorporated

  SWEET MELON MEDLEY    United States Of America    4-Jun-2001    76286564    Registered      

Fresh Express Incorporated

  4634-59    15-Apr-2013    15-Apr-2003    2707766       E. Lynn Perry   

Class

  29                  

Goods

 

 

PRECUT PACKAGED FRUITS AND SALADS

 

Fresh Express Incorporated

  T4G    United States of America    26-Jun-2006    78917276    Allowed to Lapse      

Fresh Express Incorporated

  4634-311                E. Lynn Perry   

Class

  16                  

Goods

  Recipe cards containing recipes

 

Page 16 of 19


Class

  41                  

Goods

 

 

Contests and incentive award programs to encourage teenagers to set up and achieve goals relating to fitness, healthy eating and creation of salad recipes

 

Fresh Express Incorporated

  TASTE HOW GOOD SALADS CAN BE!    United States of America    16-Oct-2000    76148679    Registered      

Fresh Express Incorporated

  4634-61    2-Apr-2012    2-Apr-2002    2555381       E. Lynn Perry   

Class

  29                  

Goods

 

 

PACKAGED PRE-CUT READY TO SERVE VEGETABLE SALADS AND SALAD KITS

 

Fresh Express Incorporated

  TEENS 4 GREENS    United States of America    19-Jun-2006    78911816    registered      

Fresh Express Incorporated

  4634-310    4-Dec-2017    4-Dec-2007    3350300       E. Lynn Perry   

Class

  41                  

Goods

 

 

Sponsoring contests and incentive award programs to encourage teenagers to set up and achieve goals relating to fitness, healthy eating, salads, and creation of salad recipes

 

Fresh Express Incorporated

  TEENS FOR GREENS    United States of America    11-May-2007    77178954    Registered      
  4634-305.1    11-Dec-2017    11-Dec-2007    3351871       E. Lynn Perry   

Class

  16                  

Goods

 

 

Recipe cards containing recipes

 

Fresh Express Incorporated

  TEENS FOR GREENS    United States of America    22-May-2006    78889432    Registered      

Fresh Express Incorporated

  4634-305    11-Sep-2017    11-Sep-2007    3290870       E. Lynn Perry   

Class

  41                  

Goods

 

 

Sponsoring contests and incentive award programs to encourage teenagers to set up and achieve goals relating to fitness, healthy eating, salads and creation of salad recipes.

 

Fresh Express Incorporated

  THOROUGHLY WASHED FRESH FROM NATURE & Design    United States of America    23-Sep-2003    78304508    Registered       DESIGN LOGO NOT AVAILABLE

Fresh Express Incorporated

  4634-109    14-Dec-2014    14-Dec-2004    2910811       E. Lynn Perry   

Class

  29                  

 

Page 17 of 19


Goods

 

 

Packaged pre-cut ready to serve vegetable salads, fruit salads and salad kits comprised of precut fruits, vegetables and salad dressing

 

  
               

Fresh Express Incorporated

  TRIPLE HEARTS    United States of America    11-Sep-2003    78299428    Registered      

Fresh Express Incorporated

  4634-111    12-Jul-2015    12-Jul-2005    2968915       E. Lynn Perry   

Class

  29                  

Goods

 

 

Prepackaged vegetable salads

 

         

Fresh Express Incorporated

  VEGGIE LOVER’S    United States of America    14-Oct-1998    75570130    Registered      

Fresh Express Incorporated

  4634-66    28-Feb-2010    29-Feb-2000    2323505       E. Lynn Perry   

Class

  29                  

Goods

 

 

GARDEN SALADS

 

     
               

Fresh Express Incorporated

  VEGGIE SUPREME SALAD    United States of America    7-Jul-2003    78270960    Registered      

Fresh Express Incorporated

  4634-107    1-Feb-2015    1-Feb-2005    2924362       E. Lynn Perry   

Class

  29                  

Goods

 

 

Packaged precut fresh vegetables and salad dressing

 

    

Fresh Express Incorporated

  WHY WE’RE SO FRESH    United States of America    27-Jul-1999    75761646    Registered      

Fresh Express Incorporated

  4634-67    25-Apr-2010    25-Apr-2000    2345719       E. Lynn Perry   

Class

  29                  

Goods

 

 

FRESH CUT VEGETABLES AND GARDEN SALADS

 

         

Fresh Express Incorporated

  WHY WE’RE SO FRESH! & Design    United States of America    19-Jan-1999    75622887    Registered       LOGO

Fresh Express Incorporated

  4634-68    22-Feb-2010    22-Feb-2000    2321207       E. Lynn Perry   

Class

  29                  

Goods

 

 

CUT, READY-TO-SERVE FRESH VEGETABLES

 

         

TM Administrator - END OF REPORT

            IPPO WebTMS: printed 24 Mar 2008 15:20

 

Page 18 of 19


SCHEDULE 2

Trademark Records by Country

 

Owner

 

Client

 

Trademark

 

File Reference

  

Country

 

Next Renewal Due

  

Appl. Date

 

Reg. Date

  

No

 

No.

  

Status

 

Sub Status

  

Agent

 

Supervisor

    

United States of America

Fresh Express Incorporated

  R REDI-CUT FOODS, INC. (stylized)    United States of America    13-Apr-1992    74265112    Registered      

Fresh Express Incorporated

  4634-99    1-Dec-2012    1-Dec-1992    1736904       E. Lynn Perry   

Class

  31                   LOGO

Goods

  fresh pre-cut vegetables      

 

TM Administrator - END OF REPORT

   IPPO WebTMS: printed 24 Mar 2008 15:21

 

Page 19 of 19


Trademark Records by Country

 

Owner

 

Client

 

Trademark

 

File Reference

  

Country

Next Renewal

Due

  

Appl. Date

 

Reg. Date

  

No.

 

No.

  

Status

 

Sub Status

  

Agent

 

Supervisor

    

Canada

                   

Transfresh Corporation

  TECTROL    Canada    23-Sep-1963    0277939    Registered   

Borden

Ladner

Gervais LLP

E. Lynn Perry

  

Transfresh Corporation

  4731-22    22-Oct-2010    22-Oct-1965    TMA142409         

Class

                   

Goods

  (1) Apparatus for controlling a plant stimulation environment as to the make-up of the atmosphere, temperature and humidity, namely, gaseous generators, atmosphere generators, combustion equipment, atmosphere conditioners, elevated and subterranean ducting, and parts thereof. (2) Apparatus for conveying and/or altering the make-up of storage atmosphere, namely, gas absorbers, gas pumps, atmosphere conditioners, molecular sieves, filters, elevated and subterranean ducting, and parts thereof.

Transfresh Corporation

  TECTROL    Canada    23-Sep-1963    0277940    Registered   

Borden

Ladner

Gervais LLP

E. Lynn Perry

  

Transfresh Corporation

  4731-23    5-Mar-2010    5-Mar-1965    TMA139436         

Class

                   

Goods

  (1) Services for the determination of a storage environment as to temperature, humidity and makeup of the gaseous atmosphere; services relating to the installation, operation and maintenance of gaseous atmosphere generating and producing equipment to establish and maintain the desired storage gaseous atmosphere in refrigerated containers, refrigerated truck trailers, and refrigerated warehouses; services relating to the installation, operation and maintenance of refrigeration equipment in containers, truck trailers and warehouses; construction and modification of such containers, truck trailers and warehouses to retain the required gaseous atmosphere and to achieve the other required storage environmental conditions; services relating to proper storage techniques such as product loading, unloading, packaging and stacking in such containers, truck trailers and warehouses; services relating to the determination of an environment for controlling plant growth such as temperature, humidity, light and make-up of the gaseous atmosphere; and services relating to the installation, operation and maintenance of generating equipment for producing the gaseous atmosphere to control plant growth.


Transfresh Corporation

  TECTROL    Canada    3-Jan-1967    0301915    Registered   

Borden

Ladner

Gervais LLP

E. Lynn Perry

  

Transfresh Corporation

  4731-24    17-Nov-2012    17-Nov-1967    TMA154207         

Class

                   

Goods

  (1) Fresh fruits and vegetables.   

Transfresh Corporation

  TRANSFRESH & Design    Canada    13-Apr-1977    0409559    Registered   

Borden

Ladner

Gervais LLP

E. Lynn Perry

   LOGO

Transfresh Corporation

  4731-7    16-Feb-2009    16-Feb-1979    TMA231822         

Class

                   

Goods

  (1) Provision of specific artificial gaseous atmospheres to containers for food, including truck tanks, ship holds, containers and specific food shipping packages.

United States of America

Transfresh Corporation

  FRESH FLOWER SOLUTION    United States of America    17-Dec-2007    7754190    Pending   

E. Lynn Perry

E. Lynn Perry

  
  4731-61                  

Class

  39                  

Goods

  Preparation and packaging of live plants and cut flowers for transport, for the preservation of their freshness, quality and appearance; Transportation services, namely, modifying, controlling monitoring the packaging and shipment of live plants and cut flowers for the preservation of their freshness, quality and appearance, and managing the transportation process for live plants and cut flowers by modifying the atmosphere of the transport containers, cold chain monitoring, and related quality assurance packages for atmosphere-controlled shipment of live plants and cut flowers

Transfresh Corporation

  TECTROL    United States of America    19-Oct-2001    76327387    Registered      

Transfresh Corporation

  4731-42    3-Jun-2013    3-Jun-2003    2720662       E. Lynn Perry   

Class

  39                  

Goods

  preparing foodstuff packaging for transport by adding gas to the carrying containers, for the preservation of the foodstuff and its appearance


Transfresh Corporation

  TRANSFRESH    United States of America    18-Jul-1995    74703025    Registered      

Transfresh Corporation

  4731-19    11-Feb-2017    11-Feb-1997    2036587       E. Lynn Perry   

Class

  1                  

Goods

  gases and mixture of gases for preserving and maintaining the freshness appearance of fresh fruits, fresh vegetables, fresh meat, fresh vegetables, fresh meat, fresh poultry, fresh fish and fresh shellfish

Class

  39                  

Goods

  transportation by truck and trailer of gases, hardware, and plastic sheeting for use by others in providing gas-filled containers for fresh produce

Transfresh Corporation

  TRANSFRESH    United States of America    26-Apr-2005    78616598    Registered      

Transfresh Corporation

  4731-45    31-Oct-2016    31-Oct-2006    3164771       E. Lynn Perry    LOGO

Class

  39                  

Goods

  preparing foodstuff packaging for transport by adding gas to the carrying containers, for the preservation of the foodstuff and its appearance.

Tranfresh Corporation

  TRANSFRESH INTELLIGENT COLD CHAIN    United States of America    31-Aug-2006    78964705    Pending   

Lynda E. Roesch

E. Lynn Perry

  

LOGO

  4731-OFH                  

Class

  9                  

Goods

  Computer software that facilitates transportation of goods, namely, software that identifies location of refrigerated units and enables monitoring and control of atmosphere in refrigerated units.

Class

  39                  

Goods

  Providing electronic tracking of refrigerated freight information to others

 

TM Administrator - END OF REPORT

   IPPO WebTMS: printed 24 Mar 2008 15:24


 

Verdelli Farms, Inc. Trademark Schedule

 

Trademark

 

Ser./App. No.

 

Registration No.

 

Filing Date

 

Registration

Date

 

Full Goods/Services

 

Owner

CATCH A CARAMEL

WAVE

  SN:76-218704   RN:2,595,873   March 5, 2001   July 16, 2002  

(Intl Class: 29) Packaged

snack food consisting of sliced fresh fruit and

dipping sauce

 

Verdelli Farms, Inc.

(Pennsylvania Corp.)

7505 Grayson Road P.O. Box

4920 Harrisburg

Pennsylvania, 17111

IF YOU LIKE

FRESH, YOU’LL

LOVE VERDELLI

  SN:75-776391   RN:2,538,956   August 16, 1999   February 19, 2002  

(Int’l Class: 29) Packaged

fresh cut fruit and

packaged garden salads

 

Verdelli Farms, Inc.

(Pennsylvania Corp.)

7505 Grayson Road P.O. Box

4920 Harrisburg

Pennsylvania, 17111

MISCELLANEOUS DESIGN

 

DESIGN LOGO

NOT AVAILABLE

  SN:76-218705   RN:2,595,874   March 5, 2001   July 16, 2002  

(Intl Class: 29) Packaged

snack food consisting of

sliced fresh fruit and

dipping sauce

 

Verdelli Farms, Inc.

(Pennsylvania Corp.)

7505 Grayson Road P.O. Box

4920 Harrisburg

Pennsylvania, 17111

VERDELLI

 

DESIGN LOGO

NOT AVAILABLE

  SN:75-776388   RN:2,452,546   August 16, 1999   May 22, 2001  

(Int’l Class: 29) Packaged

fresh cut fruit and

packaged garden salads

 

Verdelli Farms, Inc.

(Pennsylvania Corp.)

7505 Grayson Road P.O. Box

4920 Harrisburg

Pennsylvania, 17111

VERDELLI and

Design

 

DESIGN LOGO

NOT AVAILABLE

  SN:75-776389   RN:2,452,547   August 16, 1999   May 22, 2001  

(Int’l Class: 29) Packaged

fresh cut fruit and

packaged garden salads

 

Verdelli Farms, Inc.

(Pennsylvania Corp.)

7505 Grayson Road P.O. Box

4920 Harrisburg

Pennsylvania, 17111

VERDELLI and

Design

  SN:76-288017   RN:2,594,252   July 23, 2001   July 16, 2002  

(Int’l Class: 29) Packaged

fresh cut fruit and

packaged garden salads

 

Verdelli Farms, Inc.

(Pennsylvania Corp.)

7505 Grayson Road P.O. Box

4920 Harrisburg

Pennsylvania, 17111

D&S has been advised that shaded registrations will be allowed to lapse – Sec. 8 & 15 Affidavits will not be filed prior to 7/16/08 deadline.

 

 

Page 1


Schedule 4.01(n)(2)

List of Trade Names

Fresh Express

TransFRESH

Tectrol


Schedule 4.01(n)(3)

Copyrights

Chiquita Brands International, Inc.

Chiquita Brands L.L.C.

Copyrights and Copyright Licenses

 

OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands, Inc.1

   Banana ripening room sanitation - Equipment Circular No. 28 by John Nicholas Kelly   

A82812

RE-87844

  

3/6/53

4/10/81

Chiquita

Brands, Inc.

   Chiquita Banana: Label   

KK68963

RE-16971

  

10/15/51

3/29/79

Chiquita

Brands, Inc.

   Cruising the Caribbean with the Great White Fleet by Unified Promotion Advertising Inc.   

KK58072

RE-16970

R-647978

  

1/25/51

3/20/79

Reg 1976

Renew 2004

Chiquita

Brands, Inc.

  

Frozen banana pulp and chocolate coated bananas. Equipment

Department circular no. 29. By John Nicholas Kelly.

  

A93573

RE-87843

  

5/21/53

4/10/81

Chiquita

Brands, Inc.

  

General requirements for banana ripening plants. Equipment

Department Circular No. 24 (rev.) By John Nicholas Kelly.

  

A85541

RE-87845

  

4/2/53

4/10/81

Chiquita

Brands, Inc.

   Manual de referencia acera de los defectos que afectan la apariencia, venta y consumo de bananos. By John Nicholas Kelley.   

A136965

RE-120739

  

5/6/54

2/12/82

Chiquita

Brands, Inc.

   A Reference manual of blemishes affecting appearance, salability, and consumption of bananas. By John Nicholas Kelley, prepared by Equipment Department, Fruit Dispatch Company, subsidiary of United Fruit Company.   

A130024

RE-120738

  

2/15/54

2/12/82

Chiquita

Brands, Inc.

   The Ruins of Zaculeu, Guatemala. By Richard B. Woodbury & Aubrey S. Trik.   

A168252

RE-120737

  

4/4/54

2/12/82

Chiquita    Banana orange juice calypso. No. 1.    EU683004    8/31/60
Brands, Inc.    Ted Bates and Company, Inc.    RE-366649    1/5/88
Chiquita    Tropic Sun Tomatoes. By aUnited    KK150220    2/15/60

 

1

Former name of Chiquita Brands L.L.C.


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Brands, Inc.    Fruit Company.    RE-368435    1/5/88

Chiquita

Brands, Inc.

   I am an idea by Walter C. McGovern   

GU23459

RE-157429

  

7/8/54

2/24/83

Chiquita

Brands, Inc.

   Chiquita premium bananas. Keeps days longer. By United Fruit Company.   

KK166856

RE-463423

  

6/8/62

1/4/90

Chiquita

Brands, Inc.

   Sling the new banaslang. By Batten, Barton, Durstine and Osborne, Inc.   

KK121119

RE-92043

  

10/4/56

1/12/84

Chiquita

Brands, Inc.

   Banana ripening manual. By John Nicholas Kelley.   

A25904

RE-102044

  

10/18/56

1/12/84

Chiquita

Brands, Inc.

   Dear Bronx Zoo, my mommy caught some bananimals. By Batten, Barton, Durstine and Osborne, Inc.   

KK128033

RE-283823

  

8/1/57

1/2/85

Chiquita

Brands, Inc.

   What’s for lunch, mom? Please can I havabana tiday? [sic] by Batten, Barton, Durstine and Osborne, Inc.   

KK132448

RE-238824

  

12/12/57

1/25/85

Chiquita

Brands, Inc.

   Chiquita’s banana puree. By Theo H. Freed.   

KK129788

RE-238825

  

9/9/57

1/2/85

Chiquita

Brands, Inc.

   Banana ripening room sanitation. By John Nicholas Kelley.   

A334250

RE-276694

  

5/5/58

1/2/86

Chiquita

Brands, Inc.

   It’s new Chiquita’s 100% pure mashed banana in ice cream and sherbets. By American Home Foods, division of American Home Products Corporation.   

A386982

RE-319633

  

4/6/59

1/5/87

Chiquita

Brands, Inc.

   It’s new Chiquita’s 100% pure mashed banana in candies. By American Home Foods, division of American Home Products Corporation.   

A386983

RE-319634

  

4/6/59

1/5/87

Chiquita

Brands, Inc.

   It’s new Chiquita’s 100% pure mashed banana for institutions baked goods and desserts. By American Home Foods, division of American Home Products Corporation.   

A386984

RE-319635

  

4/6/59

1/5/87

Chiquita

Brands, Inc.

   It’s new Chiquita’s 100% pure mashed banana in baked goods. By American Home Foods, division of American Home Products Corporation.   

A386985

RE-319636

  

4/6/59

1/5/87

Chiquita

Brands, Inc.

   Little snacker : UFCP 6301. (Videocassette)    PA-286713   

Created 1986

Pub.4/21/86

Reg.4/28/86

Chiquita

Brands, Inc.

   Eating machines : UFJP-6302. (Videocassette)    PA-286748   

Created 1986

Pub.4/14/86

Reg.4/28/86

Chiquita

Brands, Inc.

   Goodies have grown up    TXu-261434   

Created 1986

Reg 4/30/86


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands, Inc.

   Produce performance guide. By Vincent J. Hewitt   

A482925

RE-368438

  

12/27/60

1/5/88

Chiquita

Brands, Inc.

   Presenting Almirante Lacatan. By Vincent J. Hewitt.   

A429182

RE-368439

  

2/11/60

1/5/88

Chiquita

Brands, Inc.

   Banana ripening manual.. By V. J. Hewitt.   

A517585

RE-415498

  

8/17/61

1/9/89

Chiquita

Brands, Inc.

   A Look into year round produce profits. By V. J. Hewitt.   

A483067

RE-415497

  

1/25/61

1/9/89

Held in the

former name

of Borrower

or a

Borrower

Affiliate

  

United Fruit Company; steel engraving by American Note

Company V-103224

  

K570097

RE-319631

  

9/16/59

1/5/87

Held in the

former name

of Borrower

or a

Borrower

Affiliate

  

United Fruit Company; steel engraving by American Note

Company V-103212

  

K570099

RE-319633

  

9/23/59

1/5/87

Held in the

former name

of Borrower

or a

Borrower

Affiliate

   A Capital Gains Report, United Fruit Company   

A454404

RE-393912

  

5/27/60

8/29/88

Held in the

former name

of Borrower

or a

Borrower

Affiliate

   Retail care of boxed bananas. By Fruit Dispatch Co.   

A546388

RE-417109

  

1/19/61

1/9/89

Held in the

former name

of Borrower

or a

Borrower

Affiliate

   Banana Ripening Manual by United Fruit Sales Corp.   

A723600

RE-581089

  

9/29/64

6/1/1992

Chiquita

Brands, Inc.

   Soccer Skills from Head to Toe: A Guide for Young Players and Their Parents - Videocassette    VA-380313   

Pub 5/28/88

Reg 3/1/89

Chiquita

Brands, Inc.

   Astronomer   

G10087

R-611304

  

Reg 8/6/48

Renew 1975

Chiquita

Brands, Inc.

   Baby   

G10092

R-611307

  

Reg 8/6/48

Renew 1975

Chiquita

Brands, Inc.

   Banana boxing manual   

AA108428

R-636849

  

Reg 1/20/49

Renew 1976


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands, Inc.

   Banana handling equipment   

A143611

R-653840

  

Reg 1/24/50

Renew 1977

Chiquita

Brands, Inc.

   Banana ripening manual.   

AA143612

R-657354

  

Reg 12/27/49

Renew 1976

Chiquita

Brands, Inc.

   Boss   

G10085

R-611303

  

Reg 8/6/48

Renew 1975

Chiquita

Brands, Inc.

   Bridesmaids   

G10100

R-611313

  

Reg 8/6/48

Renew 1975

Chiquita

Brands, Inc.

   Cannibal   

G10091

R-611306

  

Reg 8/6/48

Renew 1975

Chiquita

Brands, Inc.

   Captain Miles Standish   

G10870

R-618184

  

Reg 11/19/48

Renew 1975

Chiquita

Brands, Inc.

   Chiquita Banana   

KK17610

R-591936

  

Reg 8/27/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana convinces the cannibal   

M3745

R-592080

  

Reg 10/2/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana goes north   

M3755

R-592088

  

Reg 10/27/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana helps the pie man   

M3751

R-592085

  

Reg 10/27/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana makes a better breakfast   

M3748

R-592083

  

Reg 10/2/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana on television   

M3750

R-592084

  

Reg 8/9/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana on the air   

M3747

R-592082

  

Reg 10/2/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana tells a fortune   

M3748

R-595824

  

Reg 1/17/48

Renew 1975

Chiquita

Brands, Inc.

   Chiquita Banana wins a medal   

M3754

R-595824

  

Reg 1/17/48

Renew 1975

Chiquita

Brands, Inc.

   Chiquita Banana’s beauty treatment   

M3757

R-595823

  

Reg 1/17/48

Renew 1975

Chiquita

Brands, Inc.

   Chiquita Banana’s fan   

M3752

R-592086

  

Reg 10/27/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana’s magic   

M3756

R-592822

  

Reg 1/17/48

Renew 1975

Chiquita

Brands, Inc.

   Chiquita Banana’s reception   

M3749

R-591937

  

Reg 8/9/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana’s school for brides   

M3749

R-592081

  

Reg 10/2/47

Renew 1974

Chiquita

Brands, Inc.

   Chiquita Banana’s star attraction   

M3753

R-592087

  

Reg 10/27/47

Renew 1974

Chiquita

Brands, Inc.

   Cinderella (before)   

G10857

R-619218

  

Reg 11/19/48

Renew 1975

Chiquita

Brands, Inc.

   Cinderella (after)   

G10856

R-618173

  

Reg 11/19/48

Renew 1975


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands Inc.

   Discus thrower   

G10861

R-618177

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Englishman   

G10090

R-617636

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Eskimo   

G10101

R-611314

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Father and baby   

G10852

R-618170

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   First housewife   

G10086

R-612625

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   First suitor   

G10095

R-611309

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Girl   

G10096

R-611310

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Gypsy   

G10097

R-611311

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Hep cats   

G10865

R-619220

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

  

How to be tops in your teens by

Nancy Sandrett

  

A118519

RE-87842

  

11/4/53

4/0/81

Chiquita

Brands Inc.

   The Husband   

G10862

R-618178

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Husband and wife   

G10863

R-618179

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Indian   

G10868

R-618182

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Joe   

G10080

R-611302

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   John Alden   

G10869

R-618183

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Kids   

G10098

R-611312

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Kids in nursery picture   

G10871

R-618185

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   The King   

G10859

R-618175

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   King’s jester   

G10860

R-618176

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   The King’s servant   

G10858

R-618174

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Magician   

G10088

R-611305

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Pedro   

G10093

R-611308

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Pieman   

G10099

R-617638

  

Reg 8/6/48

Renew 1975


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands Inc.

   Prince   

G10855

R-618172

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Proud Papa   

G10089

R-617635

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Salesman   

G10082

R-617634

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Second suitor   

G10094

R-617637

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Simple Simon   

G10081

R-617633

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   Tired housewife (before)   

G10084

R-619565

  

Reg 8/6/48

Renew 1975

Held in the

former name

of Borrower

or a Borrower

Affiliate

   Tired housewife (after)   

G10083

R-619964

  

Reg 8/6/48

Renew 1975

Chiquita

Brands Inc.

   The tough customer   

G10853

R-619217

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Waiters   

G10864

R-619219

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Wolf pack   

G10866

R-618180

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Ze cook   

G10854

R-618171

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Produce manual   

AA31197

R-590335

  

Reg 11/15/46

Renew 1973

Chiquita

Brands Inc.

   Tablemasters    JU-12894   

Reg 1971

Renew 1999

Chiquita

Brands Inc.

   Lonely bobby soxer   

G10867

R-618181

  

Reg 11/19/48

Renew 1975

Chiquita

Brands Inc.

   Chiquita Banana band   

KK25107

R-612626

  

Reg 7/11/48

Renew 1975

Chiquita

Brands Inc.

   Chiquita Banana band   

KK27924

R-612627

  

Reg 7/1/48

Renew 1975

Chiquita

Brands Inc.

   The Chiquita Banana cookbook   

A-597044;

A-834770

  

Reg 1974

Renew 2002

Reg 1975

Renew 2003

Chiquita

Brands Inc.

   Chiquita Banana’s rise ‘n’ shine guide    A-211167   

Reg 1971

Renew 1999

Chiquita

Brands Inc.

  

Chiquita Brand Bananas….a read and

color book

   A946792   

Reg 1967

Renew 1995

Chiquita

Brands Inc.

   Keeps days longer, Tablemasters.    A240087   

Reg 1970

Renew 1998


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands Inc.

   People like bananas.    A44250   

Reg 1968

Renew 1996

Chiquita

Brands Inc.

  

Put the seal on the peel: the new

banana game

   A894733   

Reg 1966

Renew 1994

Chiquita

Brands Inc.

   Smithfield chocolate flavored syrup    R390959   

Reg 1966

Renew 1994

Chiquita

Brands Inc.

  

The Undernourished American:

Chiquita vegetables.

   KK218052   

Reg 1970

Renew 1998

Chiquita

Brands Inc.

   Banana ripening manual. Circular No. 14    R352272   

Reg 1965

Renew 1993

Chiquita

Brands Inc.

  

Banana ripening manual. By United

Fruit Sales Corporation.

  

A723600

RE-581089

  

9/29/640

6/1/92

Chiquita

Brands Inc.

   Chiquita Brand Bananas.    A73469   

Reg 1969

Renew 1997

Chiquita

Brands Inc.

  

General requirements for banana

ripening rooms.

   R387665   

Reg 1966

Renew 1994

Chiquita

Brands Inc.

  

The People who bring you the top

banana; no bring you the head

lettuce; Chiquita lettuce

   KK212695   

Reg 1969

Renew 1997

Chiquita

Brands Inc.

   Unifruit, by John Nicholas Kelley    R478189   

Reg 1970

Renew 1998

Chiquita

Brands Inc.

   Valery   

A736144

RE-58190

  

6/1/64

6/1/92

Chiquita

Brands Inc.

   Your guide to greater profits.    KK217372   

Reg 1970

Renew 1998

Chiquita

Brands Inc.

  

Banana stock utilization and disposal;

Equipment Circular No. 23 (rev.)

   R591615   

Reg 1974

Renew 2002

Chiquita

Brands Inc.

  

Miss Chiquita supports healthy eating,

kicking, passing, scoring, and dribbling

   TX 2518377   

Created 1988

Pub 10/10/88

Reg 3/1/89

Chiquita

Brands

International,

Inc.

  

Feel Better. Videocassette of

collected testimonial advertisements.

   PA-607279   

Pub 3/1/1993

Reg. 3/8/93

Chiquita

Banana

North

America*

  

Chiquita RPM best practices.

Videocassette by Ott

Communications, Inc.

   PA-768422   

Pub 7/12/95

Reg. 10/4/95

Chiquita

Banana

North

America*

  

The perfect banana (seed to

consumer) Videocassette by Ott

Communications, Inc.

   PA-768423   

Pub 1/30/94

Reg. 10/4/95

Chiquita

Brands LLC

  

Farm management system/production

computer program.

   TXu-1-169- 418   

Created 1997

Reg 6/4/2004

 

*Copyright is actually owned by Chiquita Brands L.L.C., but due to error was registered under Chiquita Banana North America.


OWNER

  

WORK

  

REG.NO.

  

REG DATE

Chiquita

Brands LLC

  

Tropical human resource information

system computer program.

   TXu-1-179- 019   

Created 2004

Reg 6/4/2004

Chiquita

Brands LLC

  

Farm management system/labor

computer program.

   TXu-1-181- 469   

Created 2002

Reg 6/4/2004

Chiquita

Brands LLC

  

Farm management system/ARF

computer program.

   TXu-1-183- 511   

Created 2003

Reg 6/4/2004

Chiquita

Brands LLC

  

Farm management system/fruit

desk computer program.

   TXu-1-184- 210   

Created 2004

Reg 6/8/2004

Chiquita

Brands LLC

  

Materials and inventory (SAM)

computer program

   TXu-1-184- 319   

Created 2004

Reg 6/4/2004

Chiquita

Brands LLC

   RWIF computer program    TXu-1-185- 015   

Created 1999

Reg 6/4/2004

License Agreement between United Fruit Company (currently named Chiquita Brands International, Inc.) and Garth Montgomery, Leonard MacKenzie and William Wirges dated May 26, 1947 relating to the Chiquita song. This license is perpetual.

Transfresh Corp.

 

OWNER

  

WORK

  

REG.NO.

  

REG DATE

Transfresh

Corp.

  

Fresh produce mixer and loading

guide

   TX2638239    12/20/88


Schedule 4.01(n)(4)

Patents & Patent Rights

PATENT APPLICATIONS

 

Country

  

Application #:

  

Filing Date:

  

Patent #:

  

Issue Date:

US

   757,426    05-Sep-1968    3,489,119    13-Jun-1970

US

   96,882    10-Dec-1970    3,722,230    27-Mar-1973

US

   161,153    09-Jul-1971    3,692,100    19-Sep-1972

US

   07/030,218    25-Mar-1987    4,811,837    14-Mar-1989

US

   07/074,500    17-Jul-1987    D317,094    28-May-1991

US

   07/128,633    04-Dec-1987    4,874,617    17-Oct-1989

US

   07/190,897    06-May-1988    4,934,255    19-Jun-1990

US

   07/273,691    21-Nov-1988    4,935,254    19-Jun-1990

US

   07/405,526    12-May-1989    4,946,093    07-Aug-1990

US

   07/391,418    09-Aug-1989    4,971,824    20-Nov-1990

US

   07/405,143    07-Sep-1989    4,921,709    01-May-1990

US

   07/418,134    06-Oct-1989    4,976-032    11-Dec-1990

US

   07/563,254    06-Aug-1990    5,121,877    16-Jun-1992

US

   07/777,195    16-Oct-1991    RE34,237    27-Apr-1993

US

   08/079,357    17-Jun-1993    5,333,394    02-Aug-1994

US

   08/142,587    25-Oct-1993    5,547,081    20-Aug-1996

US

   08/160,890    30-Nov-1993    5,433,335    18-Jul-1995

US

   08/279,241    21-Jul-1994    5,482,727    09-Jan-1996

US

   08/293,518    19-Aug-1994    5,599,079    04-Feb-1997

US

   08/342,085    18-Nov-1994    5,556,658    17-Sep-1006

US

   08/359,346    19-Dec-1994    5,460,841    24-Oct-1995

US

   08/534,498    27-Sep-1995    5,617,711    08-Apr-1997

US

   08/545,271    19-Oct-1995    5,658,607    19-Aug-1997

US

   08/741,263    30-Oct-1996    5,799,495    01-Sep-1998

US

   08/781,824    10-Jan-1997    5,899,084    04-May-1999

US

   08/792,250    31-Jan-1997    5,711,211    27-Jan-1998

US

   08/933,799    19-Sep-1997    5,893,202    13-Apr-1999

US

   09/291,887    14-Apr-1999    6,077,160    20-Jun-2000

US

   10,980,529    03-Nov-2004      

US

   11/289,815    30-Nov-2005      

US

   11/427,166    28-Jun-2006      

US

   11/427,201    28-Jun-2006      

US

   11/464,336    14-Aug-2006      

US

   11/464,357    14-Aug-2006      

US

   11/627,394    26-Jan-2007      

US

   11/684,686    12-Mar-2007      

US

   11/758,793    06-Jun-2007      


US

   11/758,837    06-Jun-2007      

Fresh Express and TransFresh U.S. Patents and Patent Applications

 

U.S. Patents
6,899,249    Tray for storing and transporting products
6,843,049    Systems and methods for harvesting fresh products
6,679,276    Apparatus and methods for washing the cored areas of lettuce heads during harvest
6,532,717    Method and apparatus for sealing a flexible bag to a pallet
6,470,795    Methods and apparatus for vacuum/gas flush treatment of produce
6,467,248    Method for processing freshly harvested leafy vegetables and subdivided, peeled fruit
6,435,347    Container for freshly harvested respiring leafy produce
6,379,731    Methods for vacuum/gas flush treatment for fresh produce
6,298,865    Apparatus and methods for washing the cored areas of lettuce heads during harvest
6,276,375    Apparatus and methods for washing cores of cored lettuce heads
6,196,237    Methods for washing cores of cored lettuce heads
6,189,299    Apparatus for cooling and packaging bulk fresh produce
5,994,272    Method of inhibition of head formation in lettuce
5,954,067    Method for washing cores of cored lettuce heads
5,872,721    Monitor-control systems and methods for monitoring and controlling atmospheres in containers
5,402,906    Fresh produce container system
5,354,569    Method of packaging lettuce for storing and shipping
5,346,089    Produce packaging and methods of sealing same
5,314,286    Apparatus for bagging product units
5,226,972    Methods and means for cleaning and cooling produce
5,111,639    Method and apparatus for bagging product units
5,046,302    Method and apparatus for bagging product units
5,014,495    Method and apparatus for bagging product units
4,987,745    Controlled environment transportation of respiring comestibles
4,821,489    Method and apparatus for sealing a flexible bag to a pallet

Non-Published Applications

U.S. Serial No. 12/027,230, filed February 6, 2008 - System and Method for processing and packaging fresh fruit in a controlled environment chamber

U.S. Serial No. 12/027,237, filed February 6, 2008 - Fresh pineapple spear pasteurization

U.S. Serial No. 11/065,165, filed February 24, 2005, System and method for automatic lettuce harvesting and coring


Published Applications

 

2008/0022534    Eating Utensil
2007/0220830    Methods and apparatus for preserving pallet units of fresh perishables in modified atmosphere bags
2006/0127551    Method and apparatus for washing fruits and vegetables
2006/0127537    Method and apparatus for coating fruits and vegetables
2005/0279404    Gas flush mixing system and method
2005/0199139    Method and apparatus for washing cored produce
2005/0066824    Produce corer
2004/0194375    Methods and apparatus for lettuce harvesting facilitation


Schedule 4.01(n)(5)

License Agreements

 

1.    License Agreement dated February 19, 2007 with Produce for Better Health Foundation and Chiquita Fresh North America L.L.C. and Fresh Express Incorporated for the U.S., Canada and Mexico.
2.    License Agreement between United Fruit Company (currently named Chiquita Brands International, Inc.) and Garth Montgomery, Leonard MacKenzie and William Wirges dated May 26, 1947 (Chiquita jingle). This license is perpetual.
3.    Amended and Restated License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and [*] dated 1/2/2008.
4.    Second Amended and Restated Product Ingredients Supply and Endorsement License Agreement between Chiquita Brands L.L.C. and Beech-Nut Nutrition Corporation dated 8/1/2007.
5.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and [*] dated April 7, 1999. Amended 5/3/2001. Amended 3/30/2003. Amended 2/23/05; Amended and Restated 6/30/2005; Renewed until 4/6/2009.
6.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and [*] dated January 22, 1999. Renewed through 12/31/04. Amended 9/1/2001. Amended 4/30/2003; Amended 12/15/04; Terminated 8/30/06. Agreement to allow existing inventory of packaging to be sold until 6/30/2008 for school bid commitments only.
7.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and Atlanta Aktiengesellschaft AG dated January 12, 1999.
8.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and Laysun (Far East) Limited dated August 7, 1998.
9.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and Chiquita-DeNadai Japan Limited dated August 7, 1998.
10.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and ZEUS Service, S.A. (currently named “Servicios Chiquita Chile Limitada”) and Exportadora Chiquita Limitada (currently named Exportadora Chiquita Chile Limitada”) dated September 15, 1998.
11.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and Meneu Distribucion, S.A. dated January 1, 1995.


12.    License Agreement between United Fruit Company B.V. (currently named Chiquita Banana Company B.V.) and Chiquita Packaged Goods Distributing S.R.L. dated August 30, 1993 (as amended). Agreement assumed by Chiquita Italia S.p.A. at the end of 2002 when the CPGD business was merged into Chiquita Italia S.p.A.
13.    Grant of Rights between Chiquita Brands International, Inc. and Chiquita Italia S.p.A. dated October 1, 1990.
14.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and Chiquita Brands International, Inc. dated February 14, 2001.
15.    License Agreement between Chiquita Brands, Inc. (currently named Chiquita Brands L.L.C.) and Chiquita International Limited dated November 1, 2001. Addendum 1 to Trademark License Agreement dated July 1, 2007.
16.    License Agreement between Chiquita Brands L.L.C. and [*] dated January 27, 2006.
17.    License Agreement between Chiquita Brands L.L.C. and [*] dated January 27, 2006.
18.    Co-Branding Agreement between Chiquita Brands L.LC. and [*] dated January 27, 2006.
19.    2005 License Agreement between Chiquita Brands L.L.C. and Chiquita Fruit Bar GmbH dated April 25, 2006.
20.    License Agreement among Chiquita Banana Company B.V., Chiquita International Limited and Chiquita Brands L.L.C. dated as of 1/1/2006.
21.    License Agreement between [*] and Chiquita Brands L.L.C. dated 11/20/2006.
22.    Trademark License Agreement between Chiquita Brands L.L.C. and [*] dated as of 11/18/2006.
23.    Trademark License Agreement between Chiquita Brands L.L.C. and [*] dated as of 11/18/2006.
24.    Trademark License Agreement between Chiquita Brands L.L.C. and [*] dated as of 11/18/2006.
25.    Trademark License Agreement between Chiquita Brands L.L.C. and [*] dated 12/31/2006, effective as of 1/1/2007.
26.    Trademark License Agreement between Chiquita Brands L.L.C., Chiquita International Limited and [*] dated January 30, 2007.


27.    Endorsement License Agreement between Chiquita Brands L.L.C. and [*] dated February 1, 2007.
28.    Trademark License Agreement between Fresh Express Incorporated and Atlanta AG dated June 27, 2007.
29.    License Agreement between [*] and Chiquita Brands L.L.C. dated January 27, 2006; Amended 1/25/2007; Amended 2/1/2007 (Schedule 1 Amendment); Amended [no date] (Schedule 2 Amendment); Amended [no date] (Schedule 3 Amendment);Amended 2/7/2007 (Schedule 4 Amendment); Amended 2/7/2007 (Schedule 5 Amendment).
30.    Trademark License Agreement between Chiquita Brands L.L.C. and [*] dated 12/31/2007, effective as of 1/1/2008.
31.    Product Merchandising Agreement dated April 1, 2005 by and between Fresh Express, Inc. and [*].
32.    Product Supply Agreement dated April 8, 2004 by and between Fresh Express Incorporated and [*].
33.    Agreement to Supply Packaged Salad Products dated February 1, 2004 by and between Fresh Express Incorporated and [*].
34.    Agreement to Supply Packaged Salad Products dated March 15, 2004 by and between Fresh Express Incorporated and [*].
35.    Agreement to Supply Packaged Salad Products dated December 1, 2003 by and between Fresh Express Incorporated and [*].
36.    Agreement to Supply Packaged Salad Products dated October 1, 2004 by and between Fresh Express Incorporated and [*].
37.    Product Supply Agreement dated April 8, 2004 by and between Fresh Express Incorporated, [*].
38.    Retail Products Broker Agreement dated January, 2002 by and between Fresh Express Incorporated and [*].
39.    Fresh Foods Agreement dated May 13, 2002 by and between Fresh Express and [*].
40.    Merchandising Agreement dated September 23, 2003 by and between Fresh Express, Inc. and [*].
41.    Product Merchandising Agreement dated March 15, 2004 by and between Fresh Express Incorporated and [*].


42.    Product Merchandising Agreement dated December 5, 2003 by and between Fresh Express Incorporated and [*].
43.    Product Merchandising Agreement dated November 14, 2003 by and between Fresh Express Incorporated and [*].
44.    Merchandising Agreement dated August 18, 2003 by and between Fresh Express and [*].
45.    Product Merchandising Agreement dated October 6, 2003 by and between Fresh Express Incorporated and [*].
46.    Product Supply Agreement dated April 8, 2004 by and between Fresh Express Incorporated and [*].
47.    Product Supply Agreement dated April 12, 2004 by and between Fresh Express Incorporated and [*].
48.    Product Supply Agreement dated April 5, 2004 by and between Fresh Express Incorporated and [*].
49.    Product Merchandising Agreement dated August 1, 2004 by and between Fresh Express and [*].
50.    Product Merchandising Agreement dated June 1, 2004 by and between Fresh Express Incorporated and [*].
51.    Product Merchandising Agreement dated December 1, 2003 by and between Fresh Express Incorporated and [*].
52.    Vegetable Growing and Co-Packing Agreement dated January 1, 2005 by and between Fresh Express Incorporated and [*].
53.    Product Merchandising Agreement dated June 1, 2004 by and between Fresh Express and [*].
54.    Product Merchandising Agreement dated November 1, 2004 by and between Fresh Express and [*].
55.    Exclusivity Agreement dated January 10, 2003 by and between Fresh Express and [*].
56.    Product Merchandising Agreement dated December 15, 2003 by and between Fresh Express Incorporated and [*].
57.    Exclusivity Agreement dated February 24, 2003 by and between Fresh Express and [*].


58.    Continuing Business Proposal dated February 1, 2003 by and between Fresh Express and [*].
59.    Product Merchandising Agreement dated January 1, 2004 by and between Fresh Express Incorporated and [*].
60.    Merchandising Agreement dated February 8, 2003 by and between The Fresh Express Company and [*].
61.    Partnership Agreement dated March 15, 2002 by and between Fresh Express and [*].
62.    Merchandising Agreement dated June 6, 2003 by and between Fresh Express and [*].
63.    Merchandising Agreement dated August 13, 2003 by and between Fresh Express and [*].
64.    Product Merchandising Agreement dated October 8, 2003 by and between Fresh Express Incorporated and [*].
65.    Exclusivity Agreement dated May 1, 2003 by and between Fresh Express and [*].
66.    Exclusivity Agreement dated November 24, 2003 by and between Fresh Express and [*].
67.    Partnership Agreement dated May 1, 2003 by and between Fresh Express and [*].
68.    Agreement dated June 6, 2003 by and between Fresh Express Fresh Foods and [*].
69.    Exclusive Business Agreement dated June 1, 2003 by and between Fresh Express and [*].
70.    Merchandising Agreement dated June 5, 2003 by and between Fresh Express Company and [*].
71.    Partnership Agreement dated September 19, 2002 by and between Fresh Express Farms and [*].
72.    Agreement dated June 10, 2003 by and between Fresh Express Fresh Foods and [*].
73.    Agreement dated September 18, 2002 by and between Fresh Express Fresh Foods and [*].
74.    Product Merchandising Agreement by and between Fresh Express Incorporated and [*].


75.    Exclusivity Agreement dated December 18, 2002 by and between Fresh Express and [*].
76.    Tectrol Pallet Service Agreement dated January 1, 2004 by and between TransFRESH Corporation and [*].
77.    Tectrol Pallet Service Agreement dated January 1, 2003 by and between TransFRESH Corporation and [*].
78.    Product Merchandising Agreement dated December 22, 2003 by and between Fresh Express and [*].
79.    Product Merchandising Agreement dated January 1, 2004 by and between Fresh Express Incorporated and [*].
80.    Merchandising Agreement dated November 20, 2003 by and between Fresh Express and [*].
81.    Merchandising Agreement dated July 1, 2003 by and between Fresh Express and [*].
82.    Fresh Express Trademark Agreement dated January 1, 2005 by and between Fresh Express Incorporated and [*].
83.    Product Merchandising Agreement dated April 1, 2004 by and between Fresh Express Incorporated and [*].
84.    Product Merchandising Agreement dated April 1, 2004 by and between Fresh Express and [*].
85.    Product Merchandising Agreement dated April 15, 2004 by and between Fresh Express and [*].
86.    Product Merchandising Agreement dated April 1, 2004 by and between Fresh Express and [*].
87.    Product Merchandising Agreement dated August 1, 2004 by and between Fresh Express and [*].
88.    Product Merchandising Agreement dated October 1, 2004 by and between Fresh Express and [*].
89.    Product Merchandising Agreement dated May 1, 2004 by and between Fresh Express and [*].
90.    Product Merchandising Agreement dated July 1, 2004 by and between Fresh Express and [*].


91.    Supply Agreement dated March 1, 2004 and Amendment No. 1 Supply Agreement dated September 1, 2004 by and between Fresh Express Incorporated and [*].
92.    Product Merchandising Agreement dated September 23, 2003 by and between Fresh Express Incorporated and [*].
93.    Product Merchandising Agreement dated April 8, 2004 by and between Fresh Express Incorporated and [*].
94.    Product Merchandising Agreement dated April 8, 2004 by and between Fresh Express Incorporated and [*].
95.    Product Merchandising Agreement dated April 1, 2005 by and between Fresh Express, Inc. and [*].
96.    Service Agreement dated December 12, 2002 by and between TransFRESH Corporation and [*].
97.    Tectrol Pallet Service Contract dated January 1, 2003 by and between TransFRESH Corporation and [*].
98.    Product Merchandising Agreement dated January 1, 2004 by and between Fresh Express Inc. and [*].
99.    Tectrol Pallet Service Contract dated January 1, 2004 by and between TransFRESH Corporation and [*].
100.    Agreement effective September 14, 2003 by and between Fresh Express and [*].
101.    Vendor Agreement and Certification dated May 1, 2007 by and between Verdelli Farms, Inc. and [*].
102.    Implied license to use the Star-K symbol on certain products, subject to the terms of the Star-K Certification letters delivered by [*] to Verdelli Farms, Inc. on May 25, 2007 and September 5, 2006.


Schedule 4.01(n)(6)

Principal Trademarks

PRINCIPAL TRADEMARKS - AUSTRIA

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Austria    CHIQUITA    AM2723/66    66041    29 Int., 31 Inst., 32 Int.    28-Nov-1966    26-Jan-1970   

CLASS 29: MEAT AND FISH PRODUCTS, MEAT EXTRACTS; CANNED MEAT, FISH, FRUIT AND VEGETABLES; MEAT, FISH, FRUIT, AND VEGETABLE JELLIES

 

CLASS 31: FRESH FRUIT AND VEGETABLES

 

CLASS 32: FRUIT JUICES

Austria    CHIQUITA    AM4903/88    124080    30 Int.    28-Oct-1988    17-Feb-1989    Class 30: Confectionary, edible ices and ice cream
Austria    CHIQUITA & Design (‘86 version)    AM3457/92    144307    29 Int., 31 Int., 32 Int.    14-Jul-1992    13-Oct-1992    Preserved, dried & cooked fruits & vegetables; fresh fruits & vegetables; fruit drinks & fruit juices, non-alcoholic drinks, syrups & other preparations for making beverages


PRINCIPAL TRADEMARKS - BENELUX

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Benelux    CHIQUITA    559439    77133    29 Int., 30 Int., 31 Int.    02-Dec-1971    02-Dec-1971    29; Meat, fish, poultry and games; meat extracts, preserved, dried and cooked fruits and vegetables…30: Coffee, tea, cocoa, sugar, rice tapioca… 31: Agricultural, horticultural and forestry products and grains not included in other classes;
Benelux    CHIQUITA    1116586    814474    30 Int.    03-Aug-2006    28-Dec-2006    Class 30: Confectionary, edible ices and ice cream
Benelux    CHIQUITA    630329    359433    32 Int.    15-May-1979    15-May-1979    Class 32: Fruit juice (non-fermented) and other non-alcoholic drinks; syrups and other preparations for making beverages
Benelux    CHIQUITA    835891    559254    30 Int.    21-Oct-1994    21-Oct-1994    Class 30: Baked goods
Benelux    CHIQUITA & Design (‘86 version)    782927    518783    29 Int., 31 Int., 32 Int.    13-Jul-1992    13-Jul-1992   

Class 29: Preserved, dried and cooked fruits and vegetables

Class 31: Fresh fruits and vegetables

Class 32: Fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)

Benelux    CHIQUITA & Design (‘86 version)    1116582    810252    30 Int.    03-Aug-2006    07-Nov-2006    Class 30: Confectionary, edible ice and ice cream
Benelux    CHIQUITA & Design (‘86 version)    835892    559255    30 Int.    21-Oct-1994    21-Oct-1994    Class 30: Baked goods


PRINCIPAL TRADEMARKS - CANADA

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Canada    CHIQUITA    199307    30205    N/A    08-May-1948    08-May-1948    Bananas
Canada    CHIQUITA    860713    499243    N/A    06-Nov-1997    25-Aug-1998    Fresh fruits and vegetables
Canada    CHIQUITA    262757    124564    N/A    05-May-1961    01-Dec-1961    Bananas - Cake mixes and frosting mixes - muffin mixes - and fresh vegetables
Canada    CHIQUITA    877738    544150    N/A    08-May-1998    26-Apr-2001    Preserved, dried or cooked fruits and vegetables
Canada    CHIQUITA    749610    444056    N/A    15-Mar-1994    16-Jun-1995    Fruit cups
Canada    CHIQUITA    582768    388834    N/A    23-Apr-1987    13-Sep-1991    Frozen desserts sold in the form of bars and in tub containers, namely ice cream, ice cream and fruit mixture; frozen fruit juice deserts; Fresh fruit juices, frozen fruit juices
Canada    CHIQUITA    809268    511076    N/A    09-Apr-1996    26-Apr-1999    Beverages, namely, fruit juices, fruit drinks, ready-to-drink teas, and juice concentrates
Canada    CHIQUITA    829444    516503    N/A    20-Nov-1996    20-Sep-1999    Candy
Canada    CHIQUITA    1001837    555898    N/A    12-Jan-1999    02-Jan-2002    Cookies
Canada    CHIQUITA    1206818    642351    N/A    12-Feb-2004    17-Jun-2005    Breakfast cereals
Canada    CHIQUITA & Design (‘86 version)    569398    333401    N/A    16-Sep-1986    23-Oct-1987    Bananas; fresh vegetables; desserts, namely preserved fruits, jellies and puddings; frozen desserts, namely frozen fruits and juice bars, frozen fruit and cream bars, frozen fruit, milk and cream bars; pineapples, melons (honeydew, cantaloupes), citrus
Canada    CHIQUITA &    860714    499242    N/A    06-Nov-    25-Aug-    Fresh fruits and


   Design (‘86 version)             1997    1998    vegetables
Canada    CHIQUITA & Design (‘86 version)    877737    544201    N/A    08-May-1998    27-Apr-2001    Preserved, dried or cooked fruits and vegetables
Canada    CHIQUITA & Design (‘86 version)    809267    510752    N/A    09-Apr-1996    13-Apr-1999    Beverages, namely, fruit juices, fruit drinks, ready-to-drink teas, and juice concentrates
Canada    CHIQUITA & Design (‘86 version)    1001836    555914    N/A    12-Jan-1999    02-Jan-2002    Cookies
Canada    CHIQUITA & Design (‘86 version)    829445    516502    N/A    20-Nov-1996    20-Sep-1999    Candy
Canada    CHIQUITA & Design (‘86 version)    738765    444960    N/A    12-Oct-1993    07-Jul-1995    Fruit Juice
Canada    CHIQUITA & Design (‘86 version)    1206817    642353    N/A    12-Feb-2004    17-Jun-2005    Breakfast cereals


PRINCIPAL TRADEMARKS - FINLAND

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Finland    CHIQUITA    T196200085    40677    31 Int.    09-Jan-1962    17-Apr-1963    Bananas
Finland    CHIQUITA    T196604112    52351    29 Int., 31 Int.    25-Nov-1966    06-May-1968    All goods in Classes 29 and 31
Finland    CHIQUITA    T198804550    109192    30 Int., 32 Int.    14-Oct-1988    05-Oct-1990    30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery ices; honey, treacle; yeast, baking-powder, salt, mustard; vinegar, sauces (condiments); spices; ice
Finland    CHIQUITA & Design (‘86 version)    3556/92    127656    29 Int., 31 Int.    22-Jul-1992    20-Aug-1993    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)
Finland    CHIQUITA & Design (‘86 version)    T198804551    109193    30 Int., 32 Int.    14-Oct-1988    05-Oct-1990   

Class 30: Confectionary, edible ices and ice cream

Class 32: Fruit juices and beverages


PRINCIPAL TRADEMARKS - GERMANY

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Germany    CHIQUITA    U2780/26    837138    29 Int., 31 Int., 32 Int.    26-Nov-1966    18-Sep-1967    Meat and Fish Products, Canned Meats, Fish, Vegetable and Fruit, Vegetables, Fruit, Fruit Juices, Meat, Fish, Fruit and Vegetable Jellies
Germany    CHIQUITA    U38210/3    1147654    30 Int.    14-Oct-1988    11-Oct-1989    Confectionary, confit, sweetmeats, edible ices and ice cream
Germany    CHIQUITA    C47726/30    2907232    30 Int.    21-Oct-1994    30-May-1995    Baked goods
Germany    CHIQUITA & Design (‘86 version)    C43825/29WZ    2042813    29 Int., 31 Int.    22-Jul-1992    19-Aug-1993    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)
Germany    CHIQUITA & Design (‘86 version)    C47727/30    2907231    30 Int.    21-Oct-1994    30-May-1995    Baked goods
Germany    CHIQUITA & Design (‘86 version)       645774    32 Int.    17-Jul-1987    25-Aug-1987    Beer; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages


PRINCIPAL TRADEMARKS - GREECE

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Greece    CHIQUITA    91465    91465    30 Int., 32 Int.    30-Nov-1988    17-Oct-1991    Confectionery, edible ices and ice cream, fruit juices and beverages
Greece    CHIQUITA    36527    36527    29 Int., 31 Int.    24-Nov-1966    18-Dec-1967    Agricultural and Forestry products and Grains not included in other classes, Living Animals, Fresh Fruits and Vegetables, Seeds, Live Plants and Flowers, Foodstuffs for Animals, Malt
Greece    CHIQUITA & Design (‘86 version)    91464    91464    30 Int., 32 Int.    30-Nov-1988    17-Oct-1991    Confectionary edible ices and ice-cream, fruit juices and beverages
Greece    CHIQUITA & Design (‘86 version)    110234    110234    29 Int., 31 Int.    12-Aug-1992    17-Oct-1994    Preserved, dried or cooked fruits and vegetables (29); Fresh fruits and vegetables (31)


PRINCIPAL TRADEMARKS - ITALY

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Italy    CHIQUITA    T0963150    754494    29 Int., 31 Int.    12-Feb-1987    16-Feb-1987    Agricultural, Horticultural and Forestry Products and Grains not Included in Other Classes; Living Animals; Fresh Fruits and Vegetables; Seeds; Live Plants and Flowers; Foodstuffs for animals; Malt
Italy    CHIQUITA    T02001C002098    613053    32 Int.    24-Jun-1971    26-Jun-1971    Beer, ale and porter, mineral and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages
Italy    CHIQUITA    37059C/88    819004    30 Int.    25-Oct-1988    25-Oct-1988    Confectionary, edible ices and ice cream
Italy    CHIQUITA    T094C002872    685025    30 Int.    25-Oct-1994    25-Jul-1996    Baked goods
Italy    CHIQUITA & Design (‘86 version)    T02002C001215    639085    29 Int., 31 Int.    30-Jun-1992    21-Dec-1994    Preserved, dried and cooked fruits and vegetables (29); Fresh fruit and vegetables (31)
Italy    CHIQUITA & Design (‘86 version)    35349C/87    783484    32 Int.    10-Aug-1987    29-Dec-1988    Fruit drinks, fruit juices and beverages
Italy    CHIQUITA & Design (‘86 version)    T0982547    819005    30 Int.    25-Oct-1988    25-Oct-1988    Confectionary, edible ices and ice cream
Italy    CHIQUITA & Design (‘86 version)    T094C002873    685026    30 Int.    25-Oct-1994    25-Jul-1996    Baked goods


PRINCIPAL TRADEMARKS - POLAND

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Poland    CHIQUITA    Z-6585    46546    31 Int.    29-Nov-1966    29-Nov-1986    Bananas
Poland    CHIQUITA    Z-176464    122245    29 Int., 30 Int.    30-Jul-1997    09-Jan-2001    29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour
Poland    CHIQUITA    Z-149547    103465    32 Int.    20-Jul-1995    12-Oct-1998    Beverages
Poland    CHIQUITA    Z-74467    54202    29 Int.    22-May-1975    22-May-1985    Processed banana puree
Poland    CHIQUITA & Design (‘86 version)    Z-111994    78966    29 Int., 31 Int., 32 Int.    29-Jul-1992    24-Oct-1994    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)
Poland    CHIQUITA & Design (‘86 version)    Z-149671    102583    32 Int.    24-Jul-1995    24-Jul-1995    Beverages


PRINCIPAL TRADEMARKS - SPAIN

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Spain    CHIQUITA    249236    249236    31 Int.    13-Jul-1951    10-Nov-1951    Oranges, Tangerines, Lemons, and Other Fresh Fruits
Spain    CHIQUITA    692641    692641    31 Int.    10-Nov-1972    02-Dec-1975    Oranges, Manderines, Lemons, Bananas, Tomatoes, Onions and All Kinds of Fresh Fruit and Vegetables
Spain    CHIQUITA    76009    76009    31 Int.    17-Apr-1929    17-Apr-1929    COOKIES, BISCUITS, GAUFFRETS AND SWEETS IN GENERAL
Spain    CHIQUITA    2170841    2170841    29 Int.    25-Jun-1998    29-May-2000    PRESERVED, DRIED OR COOKED FRUITS AND VEGETABLES
Spain    CHIQUITA & Design (‘86 version)    1715207    1715207    31 Int.    29-Jul-1992    05-May-1993    Fresh fruits and vegetables
Spain    CHIQUITA & Design (‘86 version)    2170842    2170842    29 Int.    25-Jun-1998    29-May-2000    Preserved, dried or cooked fruits and vegetables


PRINCIPAL TRADEMARKS - SWEDEN

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

Sweden    CHIQUITA    66-05064    120042    29 Int., 31 Int.    24-Nov-1966    16-Jun-1967    29: Meat, Fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats 31: Agricultural, horticultural and forestry products and grains not include
Sweden    CHIQUITA    8625/88    251263    30 Int., 32 Int.    11-Oct-1988    03-Sep-1993    Confectionary, edible ices and ice cream (30); Fruit juices and beverages (32)
Sweden    CHIQUITA & Design (‘86 version)    9911/92    251394    31 Int.    11-Nov-1992    03-Sep-1993    Fresh fruits and vegetables
Sweden    CHIQUITA & Design (‘86 version)    8626/88    254716    30 Int., 32 Int.    11-Oct-1988    28-Jan-1994    Cakes and pastries (30); Fruit juices and drinks (32)
Sweden    CHIQUITA & Design (‘86 version)    97/06245    332346    29 Int.    02-Jul-1997    13-Aug-1999    All goods in Class 29


PRINCIPAL TRADEMARKS - TURKEY

 

Country

  

Trademark

  

Appn No

  

Filing Date

  

Class

  

Regn No

  

Regn Date

  

Goods

Turkey    CHIQUITA       15-Dec-1966    29 Int., 31 Int.    98844    15-Dec-1966    Bananas, banana puree
Turkey    CHIQUITA    97/12651    28-Aug-1997    30 Int.    195752    28-Aug-1997    Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes, flour and breakfast cereal, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces, spices, ice
Turkey    CHIQUITA    96/19788    30-Dec-1996    32 Int.    179599    30-Dec-1996    NO-ALCOHOLIC DRINKS, BEERS, MINERAL AND AERATED WATERS; OTHER NON-ALCOHOLIC DRINKS, NAMELY, FRUIT AND VEGETABLE JUICES, FRUIT DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES
Turkey    CHIQUITA & Design (‘86 version)    97/12650    28-Aug-1997    30 Int.    196816       Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes, flour and breakfast cereal, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces, spices, ice
Turkey    CHIQUITA & Design (‘86 version)    5969/92    20-Jul-1992    29 Int., 31 Int., 32 Int.    138721    20-Jul-1992    Preserved, dried and cooked fruit and vegetables; fresh fruits and vegetables; and fruit dinks, beverage and non-alcoholic beverages


PRINCIPAL TRADEMARKS - UNITED KINGDOM

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

UK    CHIQUITA    902128    902128    29 Int.    25-Nov-1966    25-Nov-1987    Preserved, dried and cooked fruits and vegetables
UK    CHIQUITA    902129    902129    31 Int.    25-Nov-1966    25-Nov-1987    Fresh Fruits and Vegetables
UK    CHIQUITA    1115174    1115174    32 Int.    31-May-1979    31-May-1979    Non-alcoholic drinks, preparations for making such drinks and syrups, fruit juices for use as a beverage
UK    CHIQUITA    1589113    1589113    30 int.    25-Oct-1994    22-Dec-1995    Bakery products; flour and preparations made from cereals, bread, pastry and confectionary; coffee, tea, salt, cocoa, sugar, rice; honey, treacle; yeast, baking powder, spices; all included in Class 30
UK    CHIQUITA    1359573    1359573    30 Int.    03-Oct-1998    27-Apr-1990    Confectionary, edible ices, ice cream
UK   

CHIQUITA & Design

(‘86 version)

   1359551    1359551    29 Int.    03-Oct-1998    03-Oct-1988    Fruits and Vegetables, All Being Preserved, Dried or Cooked; Jellies and Jams
UK   

CHIQUITA & Design

(‘86 version)

   1506265    1506265    31 Int.    10-Jul-1992    20-Aug-1993    Fresh fruits and vegetables
UK   

CHIQUITA & Design

(‘86 version)

   1589116    1589116    30 Int.    25-Oct-1994    22-Dec-1995    Bakery products; flour and preparations made from cereals, bread, pastry and confectionary; coffee, tea, salt, cocoa, sugar, rice; honey, treacle; yeast, baking powder; spices; all included in Class 30
UK   

CHIQUITA & Design

(‘86 version)

   1359552    1359552    30 Int.    03-Oct-1988    03-Oct-1988    Fruits and Vegetables, All Being Preserved, Dried or Cooked; Jellies and Jams


PRINCIPAL TRADEMARKS - UNITED STATES

 

Country

  

Trademark

  

Appn No

  

Regn No

  

Class

  

Filing Date

  

Regn Date

  

Goods

U.S.    CHIQUITA    73/616812    1442357    31 Int.    20-Aug-1986    09-Jun-1987    Fresh pineapples
U.S.    CHIQUITA    73/268455    1183170    31 Int.    30-Jun-1980    22-Dec-1981    Honeydew melon and cantaloupe
U.S.    CHIQUITA    75/741176    2422224    29 Int.    01-Jul-1999    16-Jan-2001    Processed fruits and vegetables
U.S.    CHIQUITA    75/421925    2238638    31 Int.    22-Jan-1998    13-Apr-1999    Fresh vegetables
U.S.    CHIQUITA    73/668297    1478925    31 Int.    24-Jun-1987    01-Mar-1988    Fresh fruits
U.S.    CHIQUITA    73/628661    1446707    32 Int.    05-Nov-1986    07-Jul-1987    Fresh juice
U.S.    CHIQUITA    72/100555    711622    31 Int.    08-Jul-1960    21-Feb-1961    Bananas
U.S.    CHIQUITA    72/037919    670320    29 int.    26-Sep-1957    24-Nov-1958    Bananas puree (mashed banana)
U.S.    CHIQUITA    74/538570    1991773    32 Int.    16-Jun-1994    06-Aug-1996    Flavored drinking water, soft drinks, fruit juices and fruit drinks
U.S.    CHIQUITA    74/127290    1711944    29 Int.    28-Dec-1990    01-Sep-1992    Processed bananas
U.S.    CHIQUITA    72/254337    853740    30 Int.    12-Sep-1966    30-Jul-1968    Cake, muffin, and frosting mixes
U.S.    CHIQUITA    74/480838    1906730    30 Int.    21-Jan-1994    18-Jul-1995    Cookies and breakfast cereals
U.S.    CHIQUITA & Design (‘86 version)    75/741177    2424101    29 Int.    01-Jul-1999    23-Jan-2001    Processed fruits and vegetables
U.S.    CHIQUITA & Design (‘86 version)    73/668344    1490411    31 Int.    24-Jun-1987    31-May-1988    Fresh fruits
U.S.    CHIQUITA & Design (‘86 version)    75/421920    22401561    31 Int.    22-Jan-1998    20-Apr-1999    Fresh vegetables


U.S.    CHIQUITA & Design (‘86 version)    74/442265    1903716    30 Int.    29-Sep-1993    04-Jul-1995    Cookies
U.S.    CHIQUITA & Design (‘86 version)    73/295611    1175379    29 Int.    04-Feb-1981    27-Oct-1981    Processed bananas
U.S.    CHIQUITA & Design (‘86 version)    73/628678    1445498    32 Int.    05-Nov-1986    30-Jun-1987    Fresh juice
U.S.    Fresh Express & leaves logo    78534042    3028912    29 Int.       12/13/2005    Precut fresh packaged fruits and veg., salad kits consisting of precut vegetables or fruits and salad dressings
U.S.    Leaves design    75786914    2350349    29 Int.       5/16/2000    Fresh cut fruits/veg. and garden salads, salad kits comprised of mixed garden salad and salad dressings
U.S.    FRESH EXPRESS    75571155    2346673    29, 30, 31 Int.       5/2/2000    Cut ready to serve fresh vegetables; salad dressings; fresh vegetables


Schedule 4.01(n)(7)

Lien Filings

As summarized below and detailed on the following pages, liens will be filed against the following registrations in the following countries.

Part I - Chiquita

 

COUNTRY

   LIEN FILINGS TO BE MADE
   ALL MARKS
REGISTERED
IN COUNTRY
     ALL MARKS
WITH THE
WORD
“CHIQUITA”

BENELUX

      X

CANADA

     X      

CZECH REPUBLIC

      X

EUROPEAN UNION

      X

FINLAND

      X

GERMANY

      X

IRELAND

      X

POLAND

      X

PORTUGAL

      X

SWEDEN

      X

SWITZERLAND

      X

UNITED KINGDOM

      X

UNITED STATES

     X      


Part II – Other parties to the Trademark Security Agreement

Fresh Express Incorporated

Fresh International Corp.

TransFRESH Corporation

Great White Fleet Ltd.

Verdelli Farms, Inc.

 

COUNTRY

   LIEN FILINGS
TO BE MADE
   ALL MARKS
REGISTERED
IN COUNTRY

UNITED STATES

   X


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Benelux    CHIQUITA    559439    02-Dec-1971    77133    02-Dec-1971    29 Int., 30 Int., 31 Int.    29; Meat, fish, poultry and games; meat extracts, preserved, dried and cooked fruits and vegetables…30: Coffee, tea, cocoa, sugar, rice tapioca… 31: Agricultural, horticultural and forestry products and grains not included in other classes;
Benelux    CHIQUITA    1116586    03-Aug-2006    814474    28-Dec-2006    30 Int.    Class 30: Confectionary, edible ices and ice cream
Benelux    CHIQUITA    630329    15-May-1979    359433    15-May-1979    32 Int.    Class 32: Fruit juice (non-fermented) and other non-alcoholic drinks; syrups and other preparations for making beverages
Benelux    CHIQUITA    835891    21-Oct-1994    559254    21-Oct-1994    30 Int.    Class 30: Baked goods
Benelux    CHIQUITA & Design (‘86 version)    782927    13-Jul-1992    518783    13-Jul-1992    29 Int., 31 Int., 32 Int.   

Class 29: Preserved, dried and cooked fruits and vegetables

Class 31: Fresh fruits and vegetables

Class 32: Fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)

Benelux    CHIQUITA & Design (‘86 version)    1116582    03-Aug-2006    810252    07-Nov-2006    30 Int.    Class 30: Confectionary, edible ice and ice cream
Benelux    CHIQUITA & Design (‘86 version)    835892    21-Oct-1994    559255    21-Oct-1994    30 Int.    Class 30: Baked goods
Benelux    (OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE    634917    05-Mar-1980    364000    05-Mar-1980    28 Int.    Games and toys
Benelux    (OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE    630328    15-May-1979    360656    15-May-1979    32 Int.    Fruit juice
Benelux    CHIQUITA & DEVICE    1069270    10-Jan-2005    767967    10-Jun-2005    35 Int., 41 Int.   

CLASS 35:

PUBLICITY; MANAGEMENT OF COMMERCIAL MATTER; PROMOTION

 

CLASS 41:

ORGANISATION OF SPORT-LOVING AND RECREATIONAL EVENTS AND ACTIVITIES

Benelux    CHIQUITA DEMAND MORE FROM YOUR BANANA & DESIGN    1059281    20-Jul-2004    759235    10-Jan-2005    31 Int.    BANANAS
Benelux    CHIQUITA JR.    786923    07-Oct-1992    520930    07-Oct-1992    31 Int.    Fresh fruit


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Benelux    CHIQUITA JR. and Design    784254    10-Aug-1992    521834    10-Aug-1992    31 Int.    Fresh fruits and vegetables, namely bananas
Benelux    CHIQUITA JR. and Design    848924    29-May-1995    571528    29-May-1995    31 Int.    Fresh fruits and vegetables, namely bananas
Benelux    CHIQUITA PARTNERS IN KWALITEIT    1069329    11-Jan-2005    767993    10-Jun-2005    31 Int., 35 Int.   

CLASS 31: FRESH POTATOES AND VEGETABLES; FRESH FRUIT; GRAINS AND UNMANUFACTURED PULSES.

CLASS 35: RETAIL TRADE SERVICES WITH REGARD TO VEGETABLE AND FRUIT; ADVERTISING; MANAGEMENT OF COMMERCIAL BUSINESS; ADMINISTRATIVE SERVICES IN BOX OF FRAME AND CLOSING OF FRANCHISE AGREEMENT; ASSISTANCE REGARDING COMMERCIAL ACCOUNTING OF BUSINESS IN FRAME OF FRANCHISING

Benelux    CHIQUITA POPS with OVAL DEVICE    685856    04-Aug-1986    424882    04-Aug-1986    29 Int., 30 Int., 31 Int.    29: Dried and cooked fruits and vegetables; jellies and jams. 30: Confections, edible ices and ice cream. 31: Fresh fruit and vegetables.
Benelux    CHIQUITA. LA PLUS BANANE DES BANANES    1010027    24-Apr-2002    713124    01-Dec-2002    31 Int.    BANANAS
Benelux    CHIQUITA. POUR UNE BANANE ENCORE MEILLEURE    1085238    13-Sep-2005    782931    07-Feb-2006    31 Int.   

Class: 31 Int.

BANANAS

Benelux    NATUURLIJK CHIQUITA    862285    22-Dec-1995    588513    01-Dec-1996    31 Int.   

Class: 31 Int.

FRESH BANANAS AND OTHER FRESH FRUITS

Benelux    Oval Design with CHIQUITA word    917024    29-May-1998    644553    29-May-1998    30 Int.    Class Heading for International Class 30


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Canada    CHIQUITA    199307    08-May-1948    30205    08-May-1948    N/A    Bananas
Canada    CHIQUITA    860713    06-Nov-1997    499243    25-Aug-1998    N/A    Fresh fruits and vegetables
Canada    CHIQUITA    262757    05-May-1961    124564    01-Dec-1961    N/A    Bananas - Cake mixes and frosting mixes - muffin mixes - and fresh vegetables
Canada    CHIQUITA    877738    08-May-1998    544150    26-Apr-2001    N/A    Preserved, dried or cooked fruits and vegetables
Canada    CHIQUITA    749610    15-Mar-1994    444056    16-Jun-1995    N/A    Fruit cups
Canada    CHIQUITA    582768    23-Apr-1987    388834    13-Sep-1991    N/A    Frozen desserts sold in the form of bars and in tub containers, namely ice cream, ice cream and fruit mixture; frozen fruit juice deserts; Fresh fruit juices, frozen fruit juices
Canada    CHIQUITA    809268    09-Apr-1996    511076    26-Apr-1999    N/A    Beverages, namely, fruit juices, fruit drinks, ready-to-drink teas, and juice concentrates
Canada    CHIQUITA    829444    20-Nov-1996    516503    20-Sep-1999    N/A    Candy
Canada    CHIQUITA    1001837    12-Jan-1999    555898    02-Jan-2002    N/A    Cookies
Canada    CHIQUITA    1206818    12-Feb-2004    642351    17-Jun-2005    N/A    Breakfast cereals
Canada    CHIQUITA & Design (‘86 version)    569398    16-Sep-1986    333401    23-Oct-1987    N/A    Bananas; fresh vegetables; desserts, namely preserved fruits, jellies and puddings; frozen desserts, namely frozen fruits and juice bars, frozen fruit and cream bars, frozen fruit, milk and cream bars; pineapples, melons (honeydew, cantaloupes), citrus
Canada    CHIQUITA & Design (‘86 version)    860714    06-Nov-1997    499242    25-Aug-1998    N/A    Fresh fruits and vegetables
Canada    CHIQUITA & Design (‘86 version)    877737    08-May-1998    544201    27-Apr-2001    N/A    Preserved, dried or cooked fruits and vegetables
Canada    CHIQUITA & Design (‘86 version)    809267    09-Apr-1996    510752    13-Apr-1999    N/A    Beverages, namely, fruit juices, fruit drinks, ready-to-drink teas, and juice concentrates
Canada    CHIQUITA & Design (‘86 version)    1001836    12-Jan-1999    555914    02-Jan-2002    N/A    Cookies
Canada    CHIQUITA & Design (‘86 version)    829445    20-Nov-1996    516502    20-Sep-1999    N/A    Candy
Canada    CHIQUITA & Design (‘86 version)    738765    12-Oct-1993    444960    07-Jul-1995    N/A    Fruit Juice
Canada    CHIQUITA & Design (‘86 version)    1206817    12-Feb-2004    642353    17-Jun-2005    N/A    Breakfast cereals
Canada    ALWAYS FRESH. ALWAYS CHIQUITA.    1004104    03-Feb-1999    556856    25-Jan-2002    31 Int.    Fresh fruit and vegetables
Canada    AMIGO    846008    23-May-1997    526986    25-Apr-2000       Fresh fruit and vegetables
Canada    AMIGO    333666    05-Jun-1970    187221    15-Dec-1972       FRESH BANANAS


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Canada    AMIGO & DESIGN    334559    09-Jul-1970    187223    15-Dec-1972       FRESH BANANAS
Canada    AMIGO & Design
(‘92 version)
   845973    23-May-1997    526895    20-Apr-2000       Fresh fruit and vegetables
Canada    BANANA & Design    262755    05-May-1961    124563    01-Dec-1961       Bananas
Canada    BIG KICK BERRY    749578    15-Mar-1994    444702    30-Jun-1995    32 Int.    Fruit juices
Canada    CALYPSO BREEZE    774611    02-Feb-1995    511336    29-Apr-1999    32 Int.    Beverages, namely blended fruit juice drinks
Canada    CARIBBEAN SPLASH    773878    25-Jan-1995    458001    24-May-1996    32 Int.    Beverages, namely blended fruit juice drinks
Canada    CHICO    846007    23-May-1997    526985    25-Apr-2000       Fresh fruits
Canada    CHICO & Design
(‘01 version)
   1092402    12-Feb-2001    604198    04-Mar-2004       Fresh fruit and vegetables
Canada    CHICO & OVAL Design    645715    28-Nov-1989    388622    06-Sep-1991       Fresh fruits
Canada    CHICO IN OVAL IN COLOR    548396    29-Aug-1985    318702    19-Sep-1986       Fresh fruit
Canada    CHIQUITA    877736    08-May-1998    544200    27-Apr-2001    28 Int.    HOLIDAY ORNAMENTS NAMELY CHRISTMAS ORNAMENTS, ORNAMENTAL BOXES, GLASS BALLS AND MOLDED BALLS
Canada    CHIQUITA    1056536    26-Apr-2000    580791    06-May-2003    39 Int.    Freight transportation by ship and truck
Canada    CHIQUITA & Design (‘86 version)    877735    08-May-1998    544199    27-Apr-2001    28 Int.    Christmas ornaments, ornamental boxes, glass balls and molded balls
Canada    CHIQUITA    1056537    26-Apr-2000    580789    06-May-2003       Freight transportation by ship and truck
Canada    CHIQUITA & Design (‘94 version)    761001    08-Aug-1994    488483    28-Jan-1998       BEVERAGE GOODS: NON-ALCOHOLIC BEVERAGES, NAMELY FRUIT JUICES, FRUIT DRINKS, READY-TO-DRINK TEAS AND JUICE CONCENTRATES
Canada    CHIQUITA & Design (Horizontal)    572033    31-Oct-1986    337959    11-Mar-1988       Bananas
Canada    CHIQUITA & Design (Old version in green)    280789    28-Feb-1964    136877    07-Aug-1964       Bananas
Canada    CHIQUITA & Design (Old version in red)    280788    28-Feb-1964    136876    07-Aug-1964       Bananas
Canada    CHIQUITA & Design (Old version in yellow)    280787    28-Feb-1964    136875    07-Aug-1964       Bananas
Canada    CHIQUITA BANANA & Dancing Mexican Banana    262756    05-May-1961    124953    12-Jan-1962       Bananas
Canada    CHIQUITA BRAND BANANAS & Design    280298    04-Feb-1964    136872    07-Aug-1964       Bananas


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Canada    CHIQUITA BRAND BANANAS & OVAL DESIGN    273940    12-Feb-1963    132884    27-Sep-1963       Bananas
Canada    CHIQUITA FRESH AND READY    1298692    21-Apr-2006    696610    17-Sep-2007       FRESH FRUITS
Canada    CHIQUITA FRESH CUT FRUIT & DESIGN    1185279    22-Jul-2003    630610    19-Jan-2005       FRESH FRUIT AND VEGETABLES
Canada    CHIQUITA JR.    710586    07-Aug-1992    434660    21-Oct-1994       Fresh fruit
Canada    CHIQUITA JR. & DESIGN (NEW)    811662    03-May-1996    473987    27-Mar-1997       Fresh fruit
Canada    CHIQUITA KIDS    1029842    23-Sep-1999    568088    26-Sep-2002       Providing access via a world-wide computer network to a database featuring information on a wide variety of topics
Canada    CHIQUITA MINI’S    1225454    22-Jul-2004    696623    17-Sep-2007       FRESH FRUITS AND VEGETABLES
Canada    CHIQUITA POPS    556045    23-Jan-1986    326225    10-Apr-1987       Frozen desserts, namely, frozen fruit and juice bars, frozen fruit and cream bars, frozen fruit, milk and cream bars.
Canada    CHIQUITA SOLUTIONS    894639    28-Oct-1998    552390    15-Oct-2001       Produce handling, transportation by boat, truck and rail, inventory and ripening services performed for others.
Canada    CHIQUITA TO GO    1364940    24-Sep-2007             FRESH FRUITS AND FRESH VEGETABLES
Canada    CHIQUITA TROPICALS    805860    01-Mar-1996    472623    13-Mar-1997       Beverages namely non-alcoholic fruit drinks
Canada    CHIQUITA W/ LADY IN OVAL DESIGN    1185280    22-Jul-2003    629357    05-Jan-2005       FRESH FRUITS AND VEGETABLES
Canada    CHIQUITA. EVERYTHING ELSE IS JUST A BANANA.    1029752    22-Sep-1999    628377    14-Dec-2004    31 Int.    Fresh fruits and vegetables
Canada    CHIQUITA. PARFAITS POUR
LA VIE.
   1135424    26-Mar-2002    642352    17-Jun-2005       Fresh fruits and vegetables
Canada    CHIQUITA. PERFECT FOR LIFE.    1106594    15-Jun-2001    628378    14-Dec-2004       Fresh fruits and vegetables
Canada    CHIQUITA. YOUR BANANA SOLUTION.    894640    28-Oct-1998    552391    15-Oct-2001       Produce handling, transportation by boat, truck and rail, inventory and ripening services performed for others
Canada    CHIQUITA. YOUR PRODUCE SOLUTION.    894641    28-Oct-1998    552392    15-Oct-2001    39 Int.    Produce handling, transportation by boat, truck and rail, inventory and ripening services performed for others


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Canada    CHIQUITA-TIZE    1004107    03-Feb-1999    556857    25-Jan-2002       Fresh fruits and vegetables
Canada    CHIQUITA-TIZE YOUR WORLD    1005923    19-Feb-1999    556860    25-Jan-2002    31 Int.    Fresh fruits and vegetables
Canada    CONSUL    632107    17-May-1989    388558    06-Sep-1991       Fresh fruits.
Canada    CONSUL & Design    628015    22-Mar-1989    388546    06-Sep-1991       Fresh fruits.
Canada   

ENERGIZE.

MAXIMIZE.

CHIQUITA-TIZE

   1004106    03-Feb-1999    557441    05-Feb-2002    31 Int.    Fresh fruits and vegetables
Canada    FLAVOR SAVOR    1196832    13-Nov-2003    694713    24-Aug-2007       ICE CREAM, ICE MILK, FROZEN YOGURT; FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF PASTA OR RICE; CHEESE FLAVORED SNACKS; FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF CHEESE, MEAT AND/OR PROCESSED FRUIT; CHEESE, CHEESE SPREADS; MILK, MILK-BASED BEVERAGES, YOGURT AND YOGURT-BASED BEVERAGES
Canada    FLAVOR SAVOR    1196727    13-Nov-2003    694714    24-Aug-2007       FROZEN, PREPARED AND/OR PACKAGED MEALS CONSISTING PRIMARILY OF MEAT, FISH, POULTRY, FRUITS AND/OR VEGETABLES
Canada    FLAVOR SAVOR    1196726    13-Nov-2003    694714    24-Aug-2007       FRESH FRUITS AND VEGETABLES
Canada    FUNANAS    1145210    27-Jun-2002    626795    26-Nov-2004       Fresh fruits and vegetables; and processed fruits and vegetables
Canada    FUNKY FRUIT PUNCH    749639    15-Mar-1994    444057    16-Jun-1995    32 Int.    Fruit juices
Canada    GO FOOD    1143765    14-Jun-2002    625591    16-Nov-2004       Fresh fruits and vegetables, processed fruits and vegetables
Canada    GO FRUIT    1143766    14-Jun-2002    629943    11-Jan-2005    24 Int.    Fresh fruits and vegetables, processed fruits and vegetables
Canada    JUICE BOOST    751234    05-Apr-1994    457754    24-May-1996       Fruit juice beverages
Canada    MISS C LOGO    1034597    02-Nov-1999    568148    27-Sep-2002       FRESH FRUITS AND VEGETABLES
Canada    ONLY THE BEST. ONLY CHIQUITA. EVERYDAY.    894642    28-Oct-1998    552603    18-Oct-2001    31 Int.    Fresh fruits and vegetables
Canada    ORANGE BANANA SUNRISE    766175    11-Oct-1994    462442    30-Aug-1996       Non-alcoholic fruit drinks
Canada    PEPE PAPAYA AND Design    709823    27-Jul-1992    450971    01-Dec-1995       Fresh fruit
Canada    PERFECT FOR LIFE    1140866    15-May-2002    6313354    27-Jan-2005       Fresh fruits and vegetables


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Canada    QUITE POSSIBLY THE WORLD’S PERFECT FOOD    751235    05-Apr-1994    460435    26-Jul-1996    32 Int.    Fresh fruit
Canada    START FRESH WITH CHIQUITA    1024551    03-Aug-1999    566129    21-Aug-2002    31 Int.    Point of sale displays for fresh fruits and vegetables
Canada    THE GRAB ‘N GO FRUIT    1060347    24-May-2000    647438    07-Sep-2005    31 Int.    Fresh fruits and vegetables
Canada    THE PERFECT FAST FOOD    1140193    08-May-2002    647413    07-Sep-2005       Fresh fruits and vegetables
Canada    TROPICAL PARADISE    749638    15-Mar-1994    457743    24-May-1996    32 Int.    Fruit juices
Canada    TROPICALS Black & White Design    882822    29-Jun-1998    515318    25-Aug-1999    32 Int.    Fruit juice and frozen juice concentrate
Canada    TROPICALS Color Design    882821    29-Jun-1998    523111    15-Feb-2000    32 Int.    Fruit juices and frozen juice concentrate
Canada    WHEN A LITTLE IS EXACTLY ENOUGH    775324    13-Feb-1995    461646    23-Aug-1996       Fresh fruits and vegetables
Canada    WILD BERRY SPLASH    832599    05-Nov-1996    502687    22-Oct-1998       Fruit juices
Canada    WOMAN & Design    199308    08-May-1948    UCA30206    08-May-1948       Bananas


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Czech Republic    CHIQUITA    28132    31-Jan-1963    155749    11-Mar-1964    29 Int., 30 Int., 31 Int.    Preserved, dried and cooked fruits and vegetables (29); Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice (30); fresh fruits and vegetables (31)
Czech Republic    CHIQUITA    112607    27-Jun-1996    205691    21-Nov-1997    32 Int.    beer of all kinds, any non-alcoholic drinks, syrups and other preparations for drink production.
Czech Republic    CHIQUITA & Design (‘86 version)    70383    20-Jul-1992    180637    31-Oct-1994    29 Int., 31 Int., 32 Int.    Preserved, dried and cooked fruits and vegetables (29); ; fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages
Czech Republic    PICTURE OF LADY          155750    31-Jan-1983    29 Int., 30 Int., 31 Int.    Preserved, dried and cooked fruits and vegetables (29); Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard, vinegar, sauces (condiments); spices, ice (30); fresh fruits and vegetables (31)


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

European Community    CHIQUITA    101089    01-Apr-1996    101089    01-Apr-1996    29 Int., 30 Int., 31 Int., 32 Int.   

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats (Class 29); Coffee, tea, cocoa, sugar, rice, tapioca, sago, artsago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustartd; vinegar, sauces (condiments); spices; ice (Class 30);

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt (Class 31); Beers; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages (Class 32)

European Community    CHIQUITA & Design (‘86 version)    101113    01-Apr-1996    101113    01-Apr-1996    29 Int., 30 Int., 31 Int., 32 Int.   

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats (Class 29); Coffee, tea, cocoa, sugar, rice, tapioca, sago, artsago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustartd; vinegar, sauces (condiments); spices; ice (Class 30);

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt (Class 31); Beers; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages (Class 32)


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

European Community    CHIQUITA & Design (‘94 version)    672832    10-Nov-1997    672832    10-Nov-1997    29 Int., 30 Int., 31 Int., 32 Int.   

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats (Class 29); Coffee, tea, cocoa, sugar, rice, tapioca, sago, artsago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustartd; vinegar, sauces (condiments); spices; ice (Class 30);

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt (Class 31); Beers; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages (Class 32)

European Community    CHIQUITA DEMAND MORE FROM YOUR BANANA & DESIGN    2096279    21-Feb-2001    2096279    21-Feb-2001    31 Int.   

Class: 31 Int.

BANANAS

European Community    CHIQUITA EXIGEZ PLUS DE VOS BANANES & DESIGN    2097004    21-Feb-2001    2097004    21-Feb-2001    31 Int.   

Class: 31 Int.

BANANAS

European Community    CHIQUITA FRESH FRUITSHAKE    4580684    05-Aug-2005    4580684    05-Aug-2005    32 Int.   

Class: 32 Int.

PRE-PACKAGED BEVERAGES MADE FROM BLENDED FRESH FRUIT AND FRUIT JUICE

European Community    CHIQUITA FRUIT BAR    5328679    21-Sep-2006    5328679    21-Sep-2006    29 Int., 30 Int., 31 Int., 32 Int., 43 Int.   

Class: 29 Int.

CANNED, PROCESSED, PRESERVED, DRIED, FROZEN AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS; FRUIT CAUSES; MILK, MILK PRODUCTS, YOGHURTS; MOUSSES, CREAMS, DESSERT CREAMS; BEVERAGES MADE MAINLY FROM MILK OR MILK FERMENTS, MILK BEVERAGES CONTAINING FRUIT.

 

Class: 30 Int.

COFFEE, RICE, BREAD, ICES, SAUCES,

 


                             

SPICES, ICE CREAM, FROZEN
CONFECTIONS, CONFECTIONERY,
BISCUITS, CAKES, DESSERTS.

 

Class: 31 Int.

AGRICULTURAL, HORTICULTURAL
AND FORESTRY PRODUCTS AND
GRAINS NOT INCLUDED IN OTHER
CLASSES; FRESH FRUITS AND
VEGETABLES.

 

Class: 32 Int.

NON-ALCOHOLIC DRINKS AND
BEVERAGES; FRUIT DRINKS AND
FRUIT JUICES, SYRUPS AND OTHER
NON-ALCOHOLIC PREPARATIONS
FOR MAKING SUCH DRINKS AND
BEVERAGES.

 

Class: 43 Int.

SERVICES FOR PROVIDING FOOD
AND DRINK; RESTAURANT
SERVICES; BAR SERVICES

European Community    CHIQUITA MINI’S & DESIGN    4917738    17-Feb-2006    17-Feb-2006    31 Int.   

Class: 31 Int.

FRESH FRUITS

European Community    CHIQUITA TO GO    6076641    06-Jul-2007    06-Jul-2007    30 Int.,
31 Int.,
32 Int.
  

Class: 30 Int.

CONFECTIONERY; EDIBLE ICES, ICE CREAM

 

Class: 31 Int.

FRESH FRUITS AND VEGETABLES

 

Class: 32 Int.

FRUIT DRINKS AND FRUIT JUICES

European Community    CHIQUITA TO GO & DESIGN    6076541    06-Jul-2007    06-Jul-2007    30 Int.,
31 Int.,
32 Int.
  

Class: 30 Int.

CONFECTIONERY; EDIBLE ICES, ICE CREAM

 

Class: 31 Int.

FRESH FRUITS AND VEGETABLES

 

Class: 32 Int.

FRUIT DRINKS AND FRUIT JUICES


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

European Community    CHIQUITA VERLANGEN SIE MEHR VON IHRER BANANE & DESIGN    2096980    21-Feb-2001    2096980    21-Feb-2001    31 Int.   

Class: 31 Int.

BANANAS

European Community    CHIQUITA GROWING A BETTER BANANA    4625331    08-Sep-2005    4625331    08-Sep-2005    31 Int.   

Class: 31 Int.

BANANAS

European Community    CHIQUITA. LA PLUS BANANE DES BANANES    792558    24-Sep-2002    792558    24-Sep-2002    31 Int.    Class: 31 Int. Bananas


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Finland

   (OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE    T196702823    25-Jul-1967    52709    20-Jun-1968   

29 Int.,

31 Int.

   Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)

Finland

   CHIQUITA    T196604112    52351    29 Int., 31 Int.    25-Nov-1966    06-May-1968    All goods in Classes 29 and 31

Finland

   CHIQUITA    T196200085    40677    31 Int.    09-Jan-1962    17-Apr-1963    Bananas

Finland

   CHIQUITA    T198804550    109192    30 Int., 32 Int.    14-Oct-1988    05-Oct-1990    30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery ices; honey, treacle; yeast, baking-powder, salt, mustard; vinegar, sauces (condiments); spices; ice

Finland

   CHIQUITA & Design (‘86 version)    3556/92    127656    29 Int., 31 Int.    22-Jul-1992    20-Aug-1993    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)

Finland

   CHIQUITA & Design (‘86 version)    T198804551    109193    30 Int., 32 Int.    14-Oct-1988    05-Oct-1990   

Class 30: Confectionary, edible ices and ice cream

Class 32: Fruit juices and beverages

Finland

   CHIQUITA BANANA FIGURE    T196103012    12-Oct-1961    40676    17-Apr-1963    29 Int.    Preserved, dried and cooked fruits and vegetables

Finland

   CHIQUITA JUST FRUIT IN A BOTTLE & DESIGN    T200700750    07-Mar-2007    239900    31-Jul-2007    32 Int.   

Class: 32 Int.

FRUIT JUICES


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Germany    (OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE    U4573/30    07-May-1976    959331    07-May-1986    30 Int.    and cereal preparations for food, bread, biscuits, cake, chocolate, sweetmeats, sweets, fine bakery and confectionery goods, edible ice, honey, treacle, yeast,
Germany    CHIQUITA    U2780/26    837138    29 Int., 31 Int., 32 Int.    26-Nov-1966    18-Sep-1967    Meat and Fish Products, Canned Meats, Fish, Vegetable and Fruit, Vegetables, Fruit, Fruit Juices, Meat, Fish, Fruit and Vegetable Jellies
Germany    CHIQUITA    C47726/30    2907232    30 Int.    21-Oct-1994    30-May-1995    Baked goods
Germany    CHIQUITA    U38210/3    1147654    30 Int.    14-Oct-1988    11-Oct-1989    Confectionary, confit, sweetmeats, edible ices and ice cream
Germany    CHIQUITA & Design (‘86 version)    C43825/29WZ    2042813    29 Int., 31 Int.    22-Jul-1992    19-Aug-1993    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31)
Germany    CHIQUITA & Design (‘86 version)    C47727/30    2907231    30 Int.    21-Oct-1994    30-May-1995    Baked goods
Germany    CHIQUITA & Design (‘86 version)       645774    32 Int.    17-Jul-1987    25-Aug-1987    Beer; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Germany    CHIQUITA JR & Design    C43926/31 Wz    12-Aug-1992    2035449    04-May-1993    31 Int.    Fresh fruits and vegetables, namely bananas
Germany    CHIQUITA’S AND CHIQUITA BANANA FIGURE    U1472/26    22-Sep-1959    742381    11-Nov-1960   

29 Int.,

31 Int.,

32 Int.

   Fruit and tropical fruit, bananas, fruit puree, banana puree, fruit juices


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Ireland    CHIQUITA & BANANA FIGURE          72348    25-Jul-1967    31 Int.    Fresh fruits and Vegetables
Ireland    (OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE          98377    24-Sep-1979    32 Int.    Fruit juice (non-fermented), non-alcoholic drinks; syrups, preparations for making beverages
Ireland    CHIQUITA          71083    23-Nov-1966    31 Int.    Fresh fruits and Vegetables
Ireland    CHIQUITA          71084    23-Nov-1966    29 Int.    Preserved, dried and cooked fruits and vegetables
Ireland    CHIQUITA          98376    24-Sep-1979    32 Int.    Fruit juice (non-fermented), non-alcoholic drinks; syrups, preparations for making beverages
Ireland    CHIQUITA          134467    10-Oct-1988    30 Int.    Confectionary, Edible Ices and Ice Cream
Ireland    CHIQUITA & Design (‘86 version)          134465    10-Oct-1988    29 Int.    Preserved, Dried and Cooked Fruits ad Vegetables, Jellies and Jams
Ireland    CHIQUITA & Design (‘86 version)          134466    10-Oct-1988    30 Int.    Confectionary, Edible Ices and Ice Cream
Ireland    CHIQUITA & Design (‘86 version)    3729/92    13-Jul-1992    154069    13-Jul-1992    31 Int.    Fresh fruits and vegetables
Ireland    CHIQUITA JUST FRUIT IN A BOTTLE       12-Mar-08          32 Int.    Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.


Country

   Trademark   Appn No    Filing Date    Regn No    Regn Date    Class   

Goods

Poland    CHIQUITA   Z-6585    46546    31 Int.    29-Nov-1966    29-Nov-1986    Bananas
Poland    CHIQUITA   Z-176464    122245    29 Int.,
30 Int.
   30-Jul-1997    09-Jan-2001   

29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour

Poland    CHIQUITA   Z-149547    103465    32 Int.    20-Jul-1995    12-Oct-1998    Beverages
Poland    CHIQUITA   Z-74467    54202    29 Int.    22-May-1975    22-May-1985    Processed banana puree
Poland    CHIQUITA
& Design
(‘86 version)
  Z-111994    78966    29 Int.,
31 Int.,
32 Int.
   29-Jul-1992    24-Oct-1994    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)
Poland    CHIQUITA
& Design
(‘86 version)
  Z-149671    102583    32 Int.    24-Jul-1995    24-Jul-1995    Beverages


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Portugal    CHIQUITA       21-Oct-1971    171598    25-Jun-1979    29 Int.    Preserved bananas.
Portugal    CHIQUITA    251179    11-Nov-1988    251179    07-Jul-1992    30 Int.    Confectionary, edible ices and ice cream
Portugal    CHIQUITA    251180    11-Nov-1988    251180    07-Jul-1992    32 Int.    Fruit juices and non-alcoholic beverages
Portugal    CHIQUITA       28-Feb-1967    141104    18-Mar-1968    31 Int.    Bananas
Portugal    CHIQUITA & Design (‘86 version)    251181    11-Nov-1988    251181    07-Jul-1992    30 Int.    Confectionary, edible ices and ice cream
Portugal    CHIQUITA & Design (‘86 version)       11-Nov-1988    251182    07-Jul-1992    32 Int.    Fruit juices and beverages
Portugal    CHIQUITA & Design (‘86 version)    284990C    31-Jul-1992    284990C    28-Apr-1994    31 Int.    Fresh fruits and vegetables
Portugal    CHIQUITA BRAND BANANAS & OVAL DESIGN    145234    19-Oct-1967    145234    19-Nov-1968    31 Int.    Bananas


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Sweden    (OLD) DEVICE with CHIQUITA & BANANA FIGURE       24-Jul-1967    123681    31-May-1968   

29 Int.,

31 Int.

   ALL GOODS IN CLASSES 29 AND 31
Sweden    CHIQUITA    8625/88    11-Oct-1988    251263    03-Sep-1993   

30 Int.,

32 Int.

   Confectionary, edible ices and ice cream (30); Fruit juices and beverages (32)
Sweden    CHIQUITA    66-05064    24-Nov-1966    120042    16-Jun-1967   

29 Int.,

31 Int.

  

29: Meat, Fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

31: Agricultural, horticultural and forestry products and grains not include

Sweden    CHIQUITA & Design (‘86 version)    9911/92    11-Nov-1992    251394    03-Sep-1993    31 Int.    Fresh fruits and vegetables
Sweden    CHIQUITA & Design (‘86 version)    8626/88    11-Oct-1988    254716    28-Jan-1994    30 Int., 32 Int.    Cakes and pastries (30); Fruit juices and drinks (32)
Sweden    CHIQUITA & Design (‘86 version)    97/06245    02-Jul-1997    332346    13-Aug-1999    29 Int.    All goods in Class 29


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

Switzerland    CHIQUITA    2772/1979    18-May-1979    300720    14-Nov-1979    32 Int.    FRUIT JUICES (NOT FERMENTED) AND OTHER NON-ALCOHOLIC DRINKS; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES
Switzerland    CHIQUITA    225466    28-Nov-1986    351331    23-Mar-1987    29 Int., 30 Int., 31 Int.    Foodstuffs, including freshness, conserved and in cans filled up fruits and vegetables
Switzerland    CHIQUITA & Design (‘86 version)    5346/1992.5    15-Jul-1992    399575    25-Mar-1993    29 Int., 31 Int., 32 Int.    Preserved, dried and cooked fruits and vegetables (29); fresh fruits and vegetables (31); fruit drinks and fruit juices, non-alcoholic drinks, syrups and other preparations for making beverages (32)
Switzerland    CHIQUITA & Design (‘86 version)    04359/1996    14-Jun-1996    438282    10-Apr-1997    30 Int.    All goods in International Class 30
Switzerland    CHIQUITA FRESH FRUITSHAKE    56328/2005    03-Aug-2005    537568    03-Aug-2005    32 Int.   

Class: 32 Int.

PRE-PACKAGED BEVERAGES MADE FROM BLENDED FRESH FRUIT AND FRUIT JUICE

Switzerland    CHIQUITA JR.    7338/1992    12-Oct-1992    402097    12-Oct-1992    31 Int.    Fresh fruit
Switzerland    CHIQUITA JR. and Design    6115/1992    11-Aug-1992    399805    05-Apr-1993    31 Int.    Fresh fruits and vegetables, namely bananas
Switzerland    CHIQUITA MINIS & DESIGN    58517/2006    21-Sep-2006    552711    05-Dec-2006    31 Int.   

Class: 31 Int.

FRESH BANANAS

Switzerland    CHIQUITA POPS with OVAL DEVICE          352309    06-Aug-1986    29 Int., 30 Int., 31 Int.   

CLASS 29: DRIED AND COOKED FRUITS AND VEGETABLES, JELLIES, AND JAMS

CLASS 30: CONFECTIONS, EDIBLE ICES AND ICE CREAM

CLASS 31: FRESH FRUIT AND VEGETABLES

Switzerland    CHIQUITA’S AND CHIQUITA BANANA FIGURE    177321       301974    16-Aug-1979    29 Int., 30 Int., 31 Int.    Natural or ready-made foodstuff products


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

United Kingdom    (OLD) OVAL DEVICE with CHIQUITA & BANANA FIGURE          929929    23-Aug-1989    31 Int.    Fresh fruits and vegetables
United Kingdom    CHIQUITA    902128    25-Nov-1966    902128    25-Nov-1987    29 Int.    Preserved, dried and cooked fruits and vegetables
United Kingdom    CHIQUITA    902129    25-Nov-1966    902129    25-Nov-1987    31 Int.    Fresh Fruits and Vegetables
United Kingdom    CHIQUITA    1359573    03-Oct-1998    1359573    27-Apr-1990    30 Int.    Confectionary, edible ices, ice cream
United Kingdom    CHIQUITA    1589113    25-Oct-1994    1589113    22-Dec-1995    30 int.    Bakery products; flour and preparations made from cereals, bread, pastry and confectionary; coffee, tea, salt, cocoa, sugar, rice; honey, treacle; yeast, baking powder, spices; all included in Class 30
United Kingdom    CHIQUITA    1115174    31-May-1979    1115174    31-May-1979    32 Int.    Non-alcoholic drinks, preparations for making such drinks and syrups, fruit juices for use as a beverage
United Kingdom   

CHIQUITA & Design

(‘86 version)

   1359551    03-Oct-1998    1359551    03-Oct-1988    29 Int.    Fruits and Vegetables, All Being Preserved, Dried or Cooked; Jellies and Jams
United Kingdom   

CHIQUITA & Design

(‘86 version)

   1359552    03-Oct-1988    1359552    03-Oct-1988    30 Int.    Fruits and Vegetables, All Being Preserved, Dried or Cooked; Jellies and Jams
United Kingdom   

CHIQUITA & Design

(‘86 version)

   1589116    25-Oct-1994    1589116    22-Dec-1995    30 Int.    Bakery products; flour and preparations made from cereals, bread, pastry and confectionary; coffee, tea, salt, cocoa, sugar, rice; honey, treacle; yeast, baking powder; spices; all included in Class 30
United Kingdom   

CHIQUITA & Design

(‘86 version)

   1506265    10-Jul-1992    1506265    20-Aug-1993    31 Int.    Fresh fruits and vegetables


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

U.S.    ALWAYS FRESH. ALWAYS CHIQUITA.    75/635240    05-Feb-1999    2510902    20-Nov-2001    31 Int.    Fresh fruits and vegetables
U.S.    AMIGO    72/359925    15-May-1970    910452    23-Mar-1971    31 Int.    Bananas
U.S.   

AMIGO & Design

(‘92 version)

   74/182170    03-Jul-1991    1688035    19-May-1992    31 Int.    Fresh fruits and vegetables
U.S.    BANANEWS    76/194425    16-Jan-2001    2681719    28-Jan-2003    16 Int.    Trade newsletter featuring articles and discussion related to banana sales and promotion
U.S.    CALYPSO BREEZE    74/088398    16-Aug-1990    1693443    09-Jun-1992    32 Int.    Blended fruit juice and blended fruit juice drinks
U.S.   

CHICO & Design

(‘01 version)

   76/206273    07-Feb-2001    2646913    05-Nov-2002    31 Int.    Fresh fruits and vegetables
U.S.    CHIQUITA    73/668302    24-Jun-1987    1478926    01-Mar-1988    31 Int.    Fresh citrus fruits.
U.S.    CHIQUITA    73/616812    20-Aug-1986    1442357    09-Jun-1987    31 Int.    Fresh pineapples
U.S.    CHIQUITA    73/668297    24-Jun-1987    1478925    01-Mar-1988    31 Int.    Fresh fruits
U.S.    CHIQUITA    74/480838    21-Jan-1994    1906730    18-Jul-1995    30 Int.    Cookies and breakfast cereals
U.S.   

CHIQUITA & Design

(‘86 version)

   73/680095    24-Aug-1987    1486128    26-Apr-1988    16 Int., 25 Int., 28 Int.    Pens, pencils, decals, writing paper and playing cards (16); Jackets, aprons, caps, hats, shirts & t-shirts (25); Dolls, balloons, golf balls & inflatable toys (28)
U.S.    CHIQUITA    74/538570    16-Jun-1994    1991773    06-Aug-1996    32 Int.    Flavored drinking water, soft drinks, fruit juices and fruit drinks
U.S.    CHIQUITA    76/033311    24-Apr-2000    2574376    28-May-2002    39 Int.    Freight transportation of produce for others by ship, truck, air, or railway
U.S.    CHIQUITA    72/100555    08-Jul-1960    711622    21-Feb-1961    31 Int.    Bananas
U.S.    CHIQUITA    75/421925    22-Jan-1998    2238638    13-Apr-1999    31 Int.    Fresh vegetables
U.S.    CHIQUITA    72/037919    26-Sep-1957    670320    24-Nov-1958    29 int.    Bananas puree (mashed banana)
U.S.    CHIQUITA    73/628661    05-Nov-1986    1446707    07-Jul-1987    32 Int.    Fruit juice
U.S.    CHIQUITA    72/254337    12-Sep-1966    853740    30-Jul-1968    30 Int.    Cake, muffin, and frosting mixes
U.S.    CHIQUITA    73/268455    30-Jun-1980    1183170    22-Dec-1981    31 Int.    Honeydew melon and cantaloupe
U.S.    CHIQUITA    75/741176    01-Jul-1999    2422224    16-Jan-2001    29 Int.    Processed fruits and vegetables
U.S.    CHIQUITA    74/127290    28-Dec-1990    1711944    01-Sep-1992    29 Int.    Processed bananas
U.S.   

CHIQUITA & Design

(‘86 version)

   74/442265    29-Sep-1993    1903716    04-Jul-1995    30 Int.    Cookies
U.S.   

CHIQUITA & Design

(‘86 version)

   75/741177    01-Jul-1999    2424101    23-Jan-2001    29 Int.    Processed fruits and vegetables
U.S.   

CHIQUITA & Design

(‘86 version)

   73/680404    24-Aug-1987    1486128    26-Apr-1988    16 Int., 25 Int., 28 Int.    Pens, pencils, decals, writing paper and playing cards (16); Jackets, aprons, caps, hats, shirts & t-shirts (25); Dolls, balloons, golf balls & inflatable toys (28)


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U.S.    CHIQUITA & Design
(‘86 version)
   73/668296    24-Jun-1987    1478924      01-Mar-1988    31 Int.    Fresh citrus fruits
U.S.    CHIQUITA & Design
(‘86 version)
   73/668344    24-Jun-1987    1490411      31-May-1988    31 Int.    Fresh fruits
U.S.    CHIQUITA & Design
(‘86 version)
   75/421920    22-Jan-1998    22401561      20-Apr-1999    31 Int.    Fresh vegetables
U.S.    CHIQUITA & Design
(‘86 version)
   76/033312    24-Apr-2000    2589433      02-Jul-2002    39 Int.    Freight transportation of produce for others by ship, truck, air or railway
U.S.    CHIQUITA & Design
(‘86 version)
   73/628678    05-Nov-1986    1445498      30-Jun-1987    32 Int.    Fresh juice
U.S.    CHIQUITA & Design
(‘86 version)
   73/295611    04-Feb-1981    1175379      27-Oct-1981    29 Int.    Processed bananas
U.S.    CHIQUITA & Design
(‘94 version)
   75/211700    11-Dec-1996    2204386      17-Nov-1998    30 Int.    Frozen confections
U.S.    CHIQUITA & Design
(‘94 version)
   75/242238    14-Feb-1997    2179540      04-Aug-1998    30 Int.    Candy
U.S.    CHIQUITA & Design
(‘94 version)
   75/976071    15-Aug-1994    2090170      19-Aug-1997    32 Int.    Fruit juices and fruit drinks
U.S.    CHIQUITA & Oval Design    72/180249    31-Oct-1963    775094      11-Aug-1964    07 Int.    Bananas
U.S.    CHIQUITA BANANA & Design    71/536969    06-Oct-1947    508492      12-Apr-1949    31 Int.    Fresh Bananas
U.S.    CHIQUITA BRAND BANANAS & OVAL DESIGN    72/167427    23-Apr-1963    765610      25-Feb-1964    31 Int.    Bananas
U.S.    CHIQUITA EXPRESS    74/002912    16-Nov-1989    1679058      10-Mar-1992    39 Int.    Transport brokerage services
U.S.    CHIQUITA FRESH CUT FRUIT & DESIGN    78/276075    18-Jul-2003    3024402      06-Dec-2005    31 Int.    FRESH VEGETABLES; FRESH FRUIT
U.S.    CHIQUITA FRUIT BITES    78/886554    18-May-2006    3211448      20-Feb-2007    29 Int.    Class: 29 Int. CUT FRUITS
U.S.    CHIQUITA FRUIT BITES & Design    78/879921    09-May-2006    3302163      02-Oct-2007    29 Int.    Class: 29 Int. CUT FRUITS
U.S.    CHIQUITA FRUIT SNACK & DESIGN    78/739679    25-Oct-2005    3082896      18-Apr-2006    29 Int.    Class: 29 Int. FRUITS, NAMELY, PUREED AND PROCESSED FRUIT
U.S.    CHIQUITA JR & DESIGN    74/246159    12-Feb-1992    1741559      22-Dec-1992    31 Int.    FRESH FRUITS AND VEGETABLES
U.S.    CHIQUITA JR.    74/287741    23-Jun-1992    1797234      05-Oct-1993    31 Int.    Fresh fruit


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U.S.    CHIQUITA KIDS    75/808146    24-Sep-1999    2528220      08-Jan-2002    42 Int.    Providing information in the field of children’s nutrition, health, and fitness education and children’s entertainment and activities by means of a global computer network
U.S.    CHIQUITA MINI’S    78/451985    16-Jul-2004    3096646      23-May-2006    31 Int.    FRESH FRUITS AND VEGETABLES
U.S.    CHIQUITA MINI’S & DESIGN    78/731026    11-Oct-2005    3082895      18-Apr-2006    31 Int.    FRESH FRUITS
U.S.    CHIQUITA SOLUTIONS    76/317516    26-Sep-2001    2825756      23-Mar-2004   

39 Int.,

40 Int.

  

39: Produce handling and transportation by boat, truck and rail

40: Treating produce with chemicals to hasten ripening performed for others

U.S.    CHIQUITA TO GO    78/614595    22-Apr-2005    3228690      10-Apr-2007    31 Int.    FRESH FRUIT
U.S.    CHIQUITA W/ LADY IN OVAL DESIGN    78/276073    18-Jul-2003            31 Int.    FRESH VEGETABLES; FRESH FRUIT
U.S.    CHIQUITA – EVERYTHING ELSE IS JUST A BANANA    75/805840    22-Sep-1999    2854063      15-Jun-2004    31 Int.    Fresh fruits and vegetables
U.S.    CHIQUITA. PERFECT FOR LIFE.    76/270636    13-Jun-2001    2820213      02-Mar-2004    31 Int.    Fresh fruit and vegetables
U.S.    CHIQUITA. YOUR PRODUCE SOLUTION.    76/317515    26-Sep-2001    2604594      06-Aug-2002   

39 Int.,

40 Int.

  

39: Produce handling and transportation by boat, truck and rail

40: Treating produce with chemicals to hasten ripening performed for others

U.S.    CHIQUITASTORE.COM    76/337981    14-Nov-2001    2615199      03-Sep-2002    35 Int.    On-line retail store services featuring apparel, clothing accessories, collectibles, kitchen items and toys
U.S.    CHIQUITA-TIZE    75/635241    05-Feb-1999    2505051      06-Nov-2001    31 Int.    Fresh fruit and vegetables
U.S.    COMIENZA SANAMENTE CON CHIQUITA    75/894925    13-Jan-2000    2589237      02-Jul-2002    31 Int.    Fresh fruits and vegetables
U.S.    CONSUL    76/342985    29-Nov-2001    3259682      10-Jul-2007    31 Int.    FRESH FRUITS
U.S.    CONSUL & DESIGN    76/342984    29-Nov-2001    3259681      10-Jul-2007    31 Int.    FRESH FRUITS
U.S.    Design    72/100554    08-Jul-1960    714807      02-May-1961    46 Int.    Bananas
U.S.    DESIGN OF AN OVAL    73/793130    13-Apr-1989    1580381      30-Jan-1990    31 Int.    FRESH FRUITS
U.S.    GREAT WHITE FLEET    74/310386    28-Aug-1992    1824638      01-Mar-1994    39 Int.    FREIGHT TRANSPORTATION BY SHIP AND TRUCK
U.S.    GREAT WHITE FLEET LTD. & Design    74/310255    28-Aug-1992    1818185      25-Jan-1994    39 Int.    Freight transportation by ship and truck


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U.S.    MISS C Logo    75/834672    29-Oct-1999    2507921      13-Nov-2001    31 Int.    Fresh fruits and vegetables
U.S.    Miss Chiquita Full Lady Design    76/374913    25-Feb-2002    2680536      28-Jan-2003    31 Int.    Fresh fruits and vegetables
U.S.    MISS CHIQUITA LADY DESIGN    78/848622    29-Mar-2006    3288029      04-Sep-2007    31 Int.    FRESH FRUITS; FRESH VEGETABLES
U.S.    ONLY THE BEST. ONLY CHIQUITA. EVERYDAY.    75/583458    05-Nov-1998    2513055      27-Nov-2001    31 Int.    Fresh fruit and vegetables
U.S.    ORCHARD WAVE    76/075136    20-Jun-2000    2595465      16-Jul-2002    32 Int.    Fruit juice and fruit drinks
U.S.    PACK A HEALTHY SNACK    77/113892    22-Feb-2007    3306358      09-Oct-2007    29 Int.    Cut fruits
U.S.    PEEL. EAT. REPEAT DAILY.    78/616283    25-Apr-2005    3228696      10-Apr-2007    31 Int.    FRESH FRUIT
U.S.    PERFECT FOR LIFE    76/356881    09-Jan-2002    2757195      26-Aug-2003    31 Int.    Fresh fruit and vegetables
U.S.    PETITE 150’s    73/699053    04-Dec-1987    1531118      21-Mar-1989    31 Int.    Fresh bananas
U.S.    PLACE STICKER ON FOREHEAD. SMILE.    78/616279    25-Apr-2005    3122121      25-Jul-2006    31 Int.    FRESH FRUIT
U.S.    POTASSIUM POWER    78/627854    11-May-2005    3234824      24-Apr-2007    31 Int.    FRESH FRUIT
U.S.    PRODUCE EXPRESS    75/812316    30-Sep-1999    2518350      11-Dec-2001    31 Int.    Fresh fruits and vegetables
U.S.    PRODUCE SOLUTIONS    75/376868    21-Oct-1997    2559102      09-Apr-2002    35 Int.    Merchandising and advertising services for distributors of fresh, frozen and processed fruits and vegetables
U.S.    QUITE POSSIBLY, THE WORLD’S PERFECT FOOD    74/022148    24-Jan-1990    1682463      07-Apr-1992    31 Int.    Fresh fruit, namely, bananas.
U.S.    RRR – THREE R’S & Design    73/304028    03-Apr-1981    1181417      08-Dec-1981    31 Int.    Fresh melons
U.S.    SUN CLASSICS    74/330186    10-Nov-1992    1859255      18-Oct-1994    32 Int.    Fruit Juices and Fruit Drinks
U.S.    SUNRISE SPLASH    76/097904    27-Jul-2000    2586342      25-Jun-2002    32 Int.    Fruit juices and fruit drinks
U.S.    THE FIRST LADY OF FRUIT    73/754329    22-Sep-1988    1542790      06-Jun-1989    31 Int.    Fresh fruit
U.S.    THE PERFECT FAST FOOD    76/343212    29-Nov-2001    2748373      05-Aug-2003    31 Int.    Fresh fruits and vegetables
U.S.    WHEN A LITTLE IS EXACTLY ENOUGH    74/291240    02-Jul-1992    1834848      03-May-1994    31 Int.    Fresh fruit
U.S.    WILD BERRY SPLASH    75/299019    28-May-1997    2171247      07-Jul-1998    32 Int.    Fruit juices


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U.S.    YES! BANANAS    74/166737    15-May-1991    1684600      28-Apr-1992    31 Int.    Fresh bananas
U.S.    YES! BANANAS AND Design (BLACK & WHITE)    74/166736    15-May-1991    1684599      28-Apr-1992    31 Int.    Fresh bananas
U.S.    THE PERFECT FAST FOOD    76/343212    29-Nov-2001    2748373      05-Aug-2003    31 Int.    Fresh fruits and vegetables
U.S.    50/50 MIX    78646684    8-Jun-2005    3140699      5-Sep-2006    29    Fresh packaged vegetable salads comprised primarily of lettuces
U.S.    ASIAN SUPREME    78565804    11-Feb-2005    3108155      20-Jun-2006    29    Precut fresh packaged fruits and vegetables; salad kits consisting of precut vegetables or fruits and salad dressings
U.S.    B.L.T CAESAR    78496501    7-Oct-2004    3125077      1-Aug-2006    29    Packaged pre-cut ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor
U.S.    BABY! FLAVORFUL BLENDS & Circle Design    78876010    3-May-2006    3286149      28-Aug-2007    29    Fresh vegetable salads comprised primarily of lettuces
U.S.    CAESAR SUPREME    75309861    17-Jun-1997    2178338      4-Aug-1998    29    Prepackaged salads except macaroni, rice and pasta salads
U.S.    CAESARLITE    78496511    7-Oct-2004    3047134      17-Jan-2006    29    Packaged pre-cut ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings and croutons
U.S.    CAFÉ FRESH    78222163    5-Mar-2003    2859000      29-Jun-2004    29    Prepackaged fresh cut salads, fruits and vegetables
U.S.    CALIFORNIA CRISP    78304503    23-Sep-2003    2877711      24-Aug-2004    29    Precut, packaged fresh vegetables for salads
U.S.    COOL WATERMELON    76360152    17-Jan-2002    2720004      27-May-2003    29    PRECUT PACKAGED FRUITS AND SALADS AND SNACK KITS COMPRISED IN PART OF PRECUT FRUIT AND SALADS
U.S.    COOL WATERMELON GRAPE    76266565    4-Jun-2001    2707767      15-Apr-2003    29    PRECUT PACKAGED FRUITS AND SALADS
U.S.    CRISP APPLE ORANGE    76292637    30-Jul-2001    2714741      6-May-2003    29    PACKAGED, PRE-CUT FRUITS AND FRUIT SALADS
U.S.    DOUBLE CARROTS    75756214    21-Jul-1999    2384248      5-Sep-2000    29    FRESH CUT VEGETABLES AND FRESH PACKAGED SALADS
U.S.    EVERYTHING BUT THE DRESSING    78211964    6-Feb-2003    2880392      31-Aug-2004    29    Garden salads; salad kits consisting primarily of lettuce, nuts, berries, fruits, cheese, and also including croutons; fresh packaged vegetables and fruits


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USA    EXPERIENCE THE FRESHNESS    78825399    28-Feb-2006    3263184      10-Jul-2007    29    Packaged pre-cut ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor.
USA    EXPERIENCE THE FRESHNESS & Design    78859413    11-Apr-2006    3299910      25-Sep-2007    29    Precut packaged fresh vegetables and garden salads
USA    FLAVORFUL BABY! BLENDS    78864295    18-Apr-2006    3306885      9-Oct-2007    29    Packaged pre-cut ready to serve lettuces
USA    FRESH ADVANTAGE    75977005    21-Feb-1991    2155832      5-May-1998    31    fresh fruits and vegetables
U.S.    FRESH EXPRESS    75571155       2346673      5/2/2000   

29, 30,

31 Int.

   Cut ready to serve fresh vegetables; salad dressings; fresh vegetables
U.S.    FRESH EXPRESS & Leaves Logo    75623223    19-Jan-1999    2363302      27-Jun-2000    29    CUT, READY-TO-SERVE FRESH VEGETABLES
U.S.    Fresh Express & leaves logo    78534042       3028912      12/13/2005    29 Int.    Precut fresh packaged fruits and veg., salad kits consisting of precut vegetables or fruits and salad dressings
U.S.    FRESH EXPRESS AMERICA’S FRESH COLE SLAW & Design    75736625    24-Jun-1999    2462558      19-Jun-2001    29    Cole slaw
U.S.    FRESH EXPRESS PROMISE & Circle Design    78859869    12-Apr-2006            29, 30    Precut packaged fresh vegetables and garden salads
U.S.    FRESH EXPRESS REAL! FRESH! FRUIT! & Design    78207608    27-Jan-2003    2866618      27-Jul-2004    29    Precut fresh packaged fruits
U.S.    FRESH EXPRESS SALAD SPOT & Design    78656137    22-Jun-2005    3349587      4-Dec-2007    29    Precut fresh packaged fruits and vegetables, salad kits consisting of precut vegetables or fruits and salad dressings
U.S.    FRESHSTICKS    77065694    15-Dec-2006            21    eating utensils in the nature of modified chopsticks
U.S.    FRUIT SNACKERS    76368557    8-Feb-2002    2776542      21-Oct-2003    29    Packaged, precut fruits and fruit salads including packaged snack kits consisting of precut fruits ad fruit salads


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U.S.    FRUIT SNACKERS    76414075    3-Jun-2002    2826982    30-Mar-2004    29    Snack kits comprised primarily of packaged, precut fruits and fruit salads, dairy products, namely cheese, processed cheese and yogurt, and also containing snack foods, namely, bagels, crackers, granola, wheat-based snack products, and grain and cereal-based food bars
U.S.    GOLD PINEAPPLE    78269990    2-Jul-2003    3067366    14-Mar-2006    29    Precut, packaged fresh fruits
U.S.    GOURMET CAFÉ SALADS    77050290    22-Nov-2006          29, 30    pre-cut fruit and vegetable salads and salad kits comprised of pre-cut fruit, pre-cut vegetables, salad dressing, cheese, prepared meat, processed edible seeds, nut meats salad kits comprised of croutons, corn chips
U.S.    GREEN & CRISP & Design    78308731    2-Oct-2003    2895732    19-Oct-2004    29    Precut, packaged fresh vegetables for salads
U.S.    GREENER EUROPEAN    75569601    14-Oct-1998    2313742    1-Feb-2000    29    GARDEN SALADS
U.S.    ICEBERG LOVER’S    75775664    13-Aug-1999    2458415    5-Jun-2001    29    FRESH CUT VEGETABLES AND GARDEN SALADS, SALAD KITS COMPRISED OF MIXED GARDEN SALAD AND SALAD DRESSING
U.S.    KEEP-CRISP    75569917    14-Oct-1998    2388846    19-Sep-2000    29    GARDEN SALADS
U.S.    KEEP-CRISP    77167050    26-Apr-2007          29    Plastic food storage bags for food packaging, sold as an integral component of fresh cut produce, namely, cut fruits, cut vegetables and pre-cut vegetable salads.
U.S.    Leaves design    75786914       2350349    5/16/2000    29 Int.    Fresh cut fruits/veg. and garden salads, salad kits comprised of mixed garden salad and salad dressings
U.S.    LETTUCE TRIO    78305662    25-Sep-2003    2928418    22-Feb-2005    29    Prepackaged vegetable salads and salad kits
U.S.    LETTUCE TRIO & Design    78308724    2-Oct-2003    2895731    19-Oct-2004    29    Prepackaged vegetable salads
U.S.    Lettuce Trio Package Design    78310651    7-Oct-2003    3185035    12-Dec-2006    29    Precut, packaged, ready-to-serve vegetable salads, salad kits, and precut fresh vegetables for salads
U.S.    MAKE IT A MEAL TONIGHT!    76233880    28-Mar-2001    2581704    18-Jun-2002    29    PACKAGED, PRE-CUT, READY TO SERVE VEGETABLE SALADS AND SALAD KITS, CONSISTING OF VEGETABLE SALADS, SALAD DRESSINGS, CROUTONS, SEEDS, NETS, CHEESE, AND/OR VEGETABLE PROTEIN BITS HAVING A BACON FLAVOR


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U.S.    MAKE TONIGHT SALAD NIGHT!    76233881    28-Mar-2001    2578100    11-Jun-2002    29    Packaged, pre-cut, ready to serve vegetable salads and salad kits, consisting of vegetable salads, salad dressings, croutons, seeds, nuts, cheese, and/or vegetable protein bits having a bacon flavor
U.S.    MEDITERRANEAN SUPREME    77050306    22-Nov-2006    3310719    16-Oct-2007    29    Packaged fresh pre-cut vegetable salads and salad kits comprised of packaged fresh pre-cut vegetable salads, cheese, croutons, salad dressing
U.S.    MORE CARROT GOODNESS THAN OUR REGULAR ICEBERG SALA    78299439    11-Sep-2003    2936112    29-Mar-2005    29    Prepackaged vegetable salads
U.S.    MORE CARROTS AMERICAN    75569621    14-Oct-1998    2315991    8-Feb-2000    29    GARDEN SALADS
U.S.    ORIGINAL ICEBERG GARDEN SALAD    78837141    14-Mar-2006    3183887    12-Dec-2006    29    Prepackaged fresh cut garden salads
U.S.    PACIFICA! VEGGIE SUPREME    77050305    22-Nov-2006          29    Packaged fresh pre-cut vegetable salads and salad kits comprised of packaged fresh pre-cut vegetable salads, edible seeds, soy nuts, salad dressing
U.S.    PREMIUM ROMAINE & Design    78309406    3-Oct-2003    2910836    14-Dec-2004    29    Precut, packaged fresh vegetables for salads
U.S.    R REDI-CUT FOODS, INC. (stylized)    74265112    13-Apr-1992    1736904    1-Dec-1992    31    fresh pre-cut vegetables
U.S.    REAL! Fresh! Fruit! & 3-Pack Side Label Design    78156592    21-Aug-2002    2833193    13-Apr-2004    29    Precut fresh packaged fruits
U.S.    REAL! FRESH! FRUIT! & Circumference Label Design    78156595    21-Aug-2002    2858841    29-Jun-2004    29    Precut fresh packaged fruits
U.S.    REAL! FRESH! FRUIT! (stylized)    78175631    17-Oct-2002    2827812    30-Mar-2004    29    Precut packaged fruits and salads
U.S.    REAL! FRESH! FRUIT! FRUIT SNACKERS! & Label Design    78156598    21-Aug-2002    2847447    1-Jun-2004    29    Precut fresh packaged fruits, crackers, sold as a unit


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U.S.    ROYAL BLEND    76221150    6-Mar-2001    2961624    14-Jun-2005    29    PACKAGED PRE-CUT READY TO SERVE VEGETABLE SALADS AND SALAD KITS
U.S.    SALSA! ENSALADA SUPREME    78547363    13-Jan-2005    3152061    3-Oct-2006    29    Precut fresh packaged vegetables, salad kits consisting of precut vegetables, cheese, tortilla strips and salad dressing
U.S.    SHREDS!    78598554    30-Mar-2005    3343791    27-Nov-2007    29    Prepackaged lettuce
U.S.    Sunrise Design (Everything but the Dressing)    78296912    5-Sep-2003    2932855    15-Mar-2005    29    Salad kits consisting primarily of lettuce, vegetables, nuts and berries
U.S.    Sunrise Organic Package Design    78167078    23-Sep-2002    3275997    7-Aug-2007    29    Packaged pre-cut ready to serve vegetable salads, fruit salads and salad kits, comprised of precut fruits, vegetables and salad dressing
U.S.    Sunrise Package Design    76246252    24-Apr-2001    2694754    11-Mar-2003    29    PACKAGED PRE-CUT READY TO SERVE VEGETABLE SALADS AND SALAD KITS
U.S.    SWEET MELON MEDLEY    76266564    4-Jun-2001    2707766    15-Apr-2003    29    PRECUT PACKAGED FRUITS AND SALADS
U.S.    TASTE HOW GOOD SALADS CAN BE!    76148679    16-Oct-2000    2555381    2-Apr-2002    29    PACKAGED PRE-CUT READY TO SERVE VEGETABLE SALADS AND SALAD KITS
U.S.    TEENS 4 GREENS    78911816    19-Jun-2006    3350300    4-Dec-2007    41    Sponsoring contests and incentive award programs to encourage teenagers to set up and achieve goals relating to fitness, healthy eating, salads, and creation of salad recipes
U.S.    TEENS FOR GREENS    77178954    11-May-2007    3351871    11-Dec-2007    16    Recipe cards containing recipes
U.S.    TEENS FOR GREENS    78889432    22-May-2006    3290870    11-Sep-2007    41    Sponsoring contests and incentive award programs to encourage teenagers to set up and achieve goals relating to fitness, healthy eating, salads and creation of salad recipes
U.S.    THOROUGHLY WASHED FRESH FROM NATURE & Design    78304508    23-Sep-2003    2910811    14-Dec-2004    29    Packaged pre-cut ready to serve vegetable salads, fruit salads and salad kits comprised of precut fruits, vegetables and salad dressing
U.S.    TRIPLE HEARTS    78299428    11-Sep-2003    2968918    12-Jul-2005    29    Prepackaged vegetable salads
U.S.    VEGGIE LOVER’S    75570130    14-Oct-1998    2323505    29-Feb-2000    29    GARDEN SALADS
U.S.    VEGGIE SUPREME SALAD    78270960    7-Jul-2003    2924362    1-Feb-2005    29    Packaged precut fresh vegetables and salad dressing
U.S.    WHY WE’RE SO FRESH    75761646    27-Jul-1999    2345719    25-Apr-2000    29    FRESH CUT VEGETABLES AND GARDEN SALADS
U.S.    WHY WE’RE SO FRESH! & Design    75622887    19-Jan-1999    2321207    22-Feb-2000    29    CUT, READY-TO-SERVE FRESH VEGETABLES


Country

  

Trademark

  

Appn No

  

Filing Date

  

Regn No

  

Regn Date

  

Class

  

Goods

U.S.    TECTROL    76327387    19-Oct-2001    2720662    3-Jun-2003    39    preparing foodstuff packaging for transport by adding gas to the carrying containers, for the preservation of the foodstuff and its appearance
U.S.    TRANSFRESH    74703025    18-Jul-1995    2036587    11-Feb-1997    1, 39   

Gases and mixture of gases for preserving and maintaining the freshness appearance of fresh fruits, fresh vegetables, fresh meat, fresh vegetables, fresh meat, fresh poultry, fresh fish and fresh shellfish

 

transportation by truck and trailer of gases, hardware, and plastic sheeting for use by others in providing gas-filled containers for fresh produce

U.S.    TRANSFRESH    78616598    26-Apr-2005    3164771    31-Oct-2006    39    preparing foodstuff packaging for transport by adding gas to the carrying containers, for the preservation of the foodstuff and its appearance
U.S.    CATCH A CARAMEL WAVE    SN: 76-218704    5-Mar-2001    RN: 2,595,873    16-Jul-2002    29    Packaged snack food consisting of sliced fresh fruit and dipping sauce
U.S.    IF YOU LIKE FRESH, YOU’LL LOVE VERDELLI    SN:75-776391    16-Aug-1999    RN: 2,538,956    19-Feb-2002    29    Packaged fresh cut fruit and packaged garden salads
U.S.    MISCELLANEOUS DESIGN    SN: 76-218705    5-Mar-2001    RN: 2,595,874    16-Jul-2002    29    Packaged snack food consisting of sliced fresh fruit and dipping sauce
U.S.    VERDELLI    SN: 75-776388    16-Aug-1999    RN: 2,452,546    22-May-2001    29    Packaged fresh cut fruit and packaged garden salads
U.S.    VERDELLI and Design    SN: 75-776389    16-Aug-1999    RN: 2,452,547    22-May-2001    29    Packaged fresh cut fruit and packaged garden salads
U.S.    VERDELLI and Design    SN: 76-288017    23-Jul-2001    RN: 2,594,252    16-Jul-2002    29    Packaged fresh cut fruit and packaged garden salads


Schedule 4.01(q)

Significant Subsidiaries

See Schedule 4.01(q) attached hereto and incorporated herein.

Schedule 4.01(q)

 

SUBSIDIARIES

                

Entity Name

   Jurisdiction     

Classes of Equity
Securities

  

Number & Percentage of Equity Securities owned directly or
indirectly by CBII or Borrower Entities

US SUBSIDIARIES

        

Chiquita Brands L.L.C.

     DE       1 Class (Membership Interests)    100% Membrship Interest (Equity Securities) is owned by Chiquita Brands International, Inc.

Bocas Fruit Co. L.L.C.

     DE       1 Class (Membership Interests)    100% Membership Interest (Equity Securities) is owned by Chiquita International Limited, which is 100% owned by Fresh Holding C.V.

Chiquita Fresh North America L.L.C.

     DE       1 Class (Membership Interests)    100% Membership Interest (Equity Securities) is owned by Borrower.

Coast Citrus Distributors Holding Company

     DE       1 Class (Common)    100 Shares (100% of the Equity Securities) are owned by Borrower.

Fresh International Corp.

     DE       1 Class (Common)    100 Shares (100% of the Equity Securities) are owned by Borrower.

TransFRESH Corporation

     DE       1 Class (Common)    1,500 Shares (100% of the Equity Securities) are owned by Fresh International Corp.

Fresh Express Incorporated

     DE       1 Class (Common)    600 Shares (100% of the Equity Securities) are owned by Fresh International Corp.

Verdelli Farms Inc.

     PA       1 Class (Common)    500 Shares (100% of the Equity Securities) are owned by Fresh Express Incorported.

B C Systems, Inc.

     DE       1 Class (Common)    7,088 Shares (100% of the Equity Securities) are owned by Fresh Express Incorporated.

American Produce Company

     DE       1 Class (Common)    100 Shares (100% of the Equity Securities) are owned by Borrower.

SIGNIFICANT SUBSIDIARIES

        

Chiquita Brands L.L.C.

     DE       1 Class (Membership Interests)    100% Membrship Interest (Equity Securities) is owned by Chiquita Brands International, Inc.

Bocas Fruit Co. L.L.C.

     DE       1 Class (Membership Interests)    100% Membership Interest (Equity Securities) is owned by Chiquita International Limited.

Chiquita Fresh North America L.L.C.

     DE       1 Class (Membership Interests)    100% Membership Interest (Equity Securities) owned by Borrower.

Fresh International Corp.

     DE       1 Class (Common)    100 Shares (100% of the Equity Securities) are owned by Borrower.

TransFRESH Corporation

     DE       1 Class (Common)    1,500 Shares (100% of the Equity Securities) are owned by Fresh International Corp.

Fresh Express Incorporated

     DE       1 Class (Common)    600 Shares (100% of the Equity Securities) are owned by Fresh International Corp.


Entity Name

   Jurisdiction   

Classes of Equity
Securities

  

Number & Percentage of Equity Securities owned directly or
indirectly by CBII or Borrower Entities

B C Systems, Inc.

   DE    1 Class (Common)    7,088 (100% of Equity Securities) are owned by Fresh International Corp.

Verdelli Farms Inc.

   PA    1 Class (Common)    500 Shares (100% of the Equity Securities) are owned by Fresh Express Incorported.

American Produce Company

   DE    1 Class (Common)    100 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Atlanta Aktiengesellschaft

   Germany    1 Class    100 Shares (100% Equity Securities) are owned by “Hameico” Fruit Trade GmbH.

Direct Fruit Marketing DFM GmbH

   Germany    1 Class    950,000 Shares (100% of the Equity Securities) are owned by Atlanta Aktiengesellschaft.

Chiquita Banana Company B.V.

   Netherlands    1 Class    5,001 Shares (100% of the Equity Interest) are owned by Fresh Holding C.V.

Chiquita International Limited

   Bermuda    1 Class    12,100 Shares (100% of the Equity Interest) are owned by Fresh Holding C.V.

Chiquita Italia, S.p.A.

   Italy    1 Class    120,000 Shares (100% if the Equity Interest) are owned by Chiquita Banana Company B.V.

Meneu Distribucion,S.A.

   Spain    1 Class    2,800 Shares (50% Equity Secuirites) are owned by Chiquita Banana Company B.V. 2,800 Shares (50%) are owned by Atlanta World Trade GmbH which is 100% owned by Atlanta Aktiengesellschaft.

Josef Ahorner GmbH

   Austria    1 Class    100 Shares - 100% of equity interests are owned by Atlanta World Trade GmbH.
Compania Bananera Guatemalteca Independiente, Sociedad Anonima    Guatemala    1 Class    5,338,478 Shares (100% of the Equity Securities) are owned by Chiquita International Limited. The company reorganized during 2007 and new certificates to be issued in connection with Chiquita International Limited’s pledge of these securities with this credit facility.

Compania Bananera Atlantica Limitada

   Costa Rica    1 Class    100 Shares (100% of the Equity Securities) are owned by Chiquita International Limited.

Chiquita UK Limited

   United
Kingdom
   1 Class    100% of equity interests are owned by Chiquita Banana Company B.V.

Great White Fleet (US) Ltd.

   Bermuda    1 Class    12,000 Shares (100% of the Equity Securities) are owned by Great White Fleet Ltd.

Tela Railroad Company Ltd.

   Bermuda    1 Class    12,000 Shares (100% of the Equity Securities) are owned by Chiquita International Limited.

Exportadora Chiquita Chile Limitada

   Chile    1 Class    67.93% of the equity interests are owned by Alsama Ltd. and 32.07% of the equity interests are owned by Heaton Holdings Ltd.

Spiers N.V.

   Belgium    1 Class    100% of equity interests are owned by Chiquita Banana Company B.V.

“Hameico” Fruit Trade GmbH

   Germany    1 Class    5,050,000 Shares - 80% of the equity interests are owned by Chiquita Banana Company B.V. and 20% of the equity interests are owned by American Produce Company.

Fresh Holding C.V.

   Netherlands    1 Class    99% of the equity interests are owned by Borrower. 1% of the equity interests is owned by Chiquita Fresh North America L.L.C.

Great White Fleet Ltd.

   Bermuda    1 Class    12,000 Shares (100% of Equity Securities) are owned by Chiquita International Limited.


Entity Name

   Jurisdiction   

Classes of Equity
Securities

  

Number & Percentage of Equity Securities owned directly or
indirectly by CBII or Borrower Entities

Chiquita Poland Spolka Z Ograniczona

   Poland    1 Class    565,000 Shares - 100% of equity interests are owned by Chiquita Banana Company B.V.

Chiquita Deutschland GmbH

   Germany    1 Class    1 Share - 100% of the equity interests are owned by “Hameico” Fruit Trade GmbH.

Chiquita Nordic Ltd.

   Finland    1 Class    150 Shares - 100% of equity interests are owned by Chiquita Banana Company B.V., which is 100% owned by Borrower.
Chiquita Hellas Anonimi Eteria Tropikon Ke Allon Frouton    Greece    1 Class    6,000 Shares - 99.9% of equity interests (5,999 shares) are owned by Chiquita Banana Company B.V. and 0.1% of equity interest (1 share) is owned by Chiquita Italia, S.p.A.

Compania Mundimar S.A.

   Costa
Rica
   1 Class    58,100 Shares - 100% Membership Interest (Equity Securities) owned by Borrower.

Processed Fruit Ingredients B.V.B.A

   Belgium    1 Class    501 Shares - 99.8% of equity interests (500 shares) are owned by Chiquita Banana Company B.V. 0.2% of equity interests (1 share) is owned by Chiquita Fresh B.V.B.A.

Chiquita Fresh B.V.B.A

   Belgium    1 Class    500 Shares - 99% of equity interests (495 shares) are owned by Chiquita Frupac B.V., which is 100% owned by Chiquita Banana Company B.V., which is owned 100% by Borrower. 1% (5 shares) is owned by Chiquita Banana Company B.V.

DE MINIMUS U.S. SUBSIDIARIES

     

Chiquita Fresh Cut, L.L.C.

   DE    1 Class (Membership Interests)    100 Units - 100% Membership Interest (Equity Securities) owned by Chiquita Fresh North America, L.L.C.

CB Containers, Inc.

   DE    1 Class    100 Shares - 100% of equity interests owned by Chiquita Fresh North America, L.L.C.

Chiquita Store.com L.L.C.

   DE    1 Class (Membership Interests)    100 Units - 100% Membership Interest (Equity Securities) owned by Chiquita Fresh North America, L.L.C.

Chiquita Citrus Packers, Inc.

   DE    1 Class    10,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Chiquita Melon Packers, Inc.

   DE    1 Class    1,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Chriqui Land Company

   DE    1 Class    20,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Puerto Armuelles Fruit Company

   DE    1 Class    12,000 Shares - 100% of equity interests are owned by Chriqui Land Company

Compania Agricola de Rio Tinto

   DE    1 Class    1,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Compania Agricola del Guayas

   DE    1 Class    4,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Intrepid Investment Company

   DE    1 Class    1,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

St. James Investments

   DE    1 Class    1,000 Shares - 100% of equity interests are owned by Chiquita Brands L.L.C.

Alamo Land Company

   DE    1 Class    3,000 Shares - 100% of equity interests are owned by B C Systems, Inc.


Entity Name

   Jurisdiction   

Classes of Equity
Securities

  

Number & Percentage of Equity Securities owned directly or

indirectly by CBII or Borrower Entities

V.F. Transportation, L.L.C.

   PA    1 Class (Membership Interests)    100% Membership Interest (Equity Securities) owned by Verdelli Farms, Inc.

G & V Farms, LLC

   PA    1 Class (Membership Interests)    100 Units - 100% Membership Interest (Equity Securities) owned by Verdelli Farms, Inc.


Schedule 4.01(w) Insurance

Chiquita Brands International, Inc. as of 3/31/08

 

Policy

   Inception      Expiration      Limit   Deductible   Insurer

International Credit Insurance

     1/1/2007         1/1/2010       [*]   [*]   [*]

Marine Open Cargo - CBII

     1/1/2008         1/1/2009       [*]   [*]   [*]

Marine Bunkers

     1/15/2008         1/15/2009       [*]   [*]   [*]

Marine Tropical Watercraft

     2/20/2008         2/20/2009       [*]   [*]   [*]

Marine Container

     2/20/2008         2/20/2009       [*]   [*]   [*]

Marine Consultant Health

     2/20/2008         2/20/2009       [*]   [*]   [*]

Marine Bumbershoot

     4/30/2007         4/30/2008       [*]   [*]   [*]

Marine Charterer’s Liability

     4/30/2007         4/30/2008       [*]   [*]   [*]

Fiduciary - CBII

     5/31/2007         10/15/2008       [*]   [*]   [*]

Fidelity (Crime)

     5/31/2007         10/15/2008       [*]   [*]   [*]

Worldwide Property

     6/28/2007         6/28/2008       [*]   [*]   Lloyds of London, Ace, Allianz

Employment Practices Liability

     7/31/2007         10/31/2008       [*]   [*]   Chubb

International General Liability, Auto Liability,

Workers Compensation (Foreign DIC Coverage)

     7/31/2007         7/31/2008       [*]   [*]   Chubb

Workers Comp - US

     7/31/2007         7/31/2008       [*]   [*]   Chubb

General Liability - US

     7/31/2007         7/31/2008       [*]   [*]   Chubb

Auto Liability - US

     7/31/2007         7/31/2008       [*]   [*]   Chubb

Excess Workers Comp (USL&H,OH,WA)

     7/31/2007         7/31/2008       [*]   [*]   Chubb

Umbrella/Excess

     7/31/2007         7/31/2008       [*]   [*]   [*]

Product Recall

     9/29/2007         9/29/2008       [*]   [*]   [*]

Aviation/Hull/5 Trop

     10/4/2007         10/4/2008       [*]   [*]   [*]

Aviation Seat Accident

     2/20/2007         10/4/2008       [*]   [*]   [*]

Directors & Officers Liability

     10/15/2007         10/15/2008       [*]   [*]   [*]

Marine Cargo

     10/15/2007         10/15/2008       [*]   [*]   [*]

Marine Cargo E.U. License

     12/31/2007         12/31/2008       [*]   [*]   [*]

[*]

Atlanta AG Policy Summary

 

Policy Type

  

Sums/Limits/Deductibles

  

Carrier

Marine Cargo

   [*]    [*]

Group Accident

   [*]    [*]

Trade Credit

   [*]    [*]

Fidelity

   [*]    [*]

Automobile Fleet

   [*]    Allianz Versicherung
Frankfurt, Policy:
GKR90/0738/8134100/317

Automobile

   [*]    Allianz Versicherung AG,
Frankfurt 8134243

Automobile – forklift trucks

   [*]    Allianz Versicherung AG,
Frankfurt 8134242

Property

   [*]   

Gothaer
Versicherungsbank WaG

Arnoldiplatz 1

50969 Koln

Extra Expense

   [*]    [*]

Commercial General Liability
and Environmental
Impairment Liability

   [*]   

Chubb Insurance
Company of Europe S.A.,
Hamburg /

7498-1358

D & O

   [*]    [*]

Professional Liability

   [*]    [*]

Professional Liability

   [*]    [*]

Marine Cargo Additional Coverage

   [*]    [*]

EDP Package

   [*]    [*]


Schedule 4.01(x)

Contracts with Officers and Directors.

The inclusion of any item on this Schedule 4.01(x) is not deemed to be an admission or representation that the included item is on terms not at least as favorable to such Loan Party as an arm’s length transaction with unaffiliated Persons, nor that such agreements are material.

 

  1. Employment Contract between Chiquita International Services Group N.V. (C.I.S.G.) and Michel Loeb dated December 29, 2003.

 

  2. Employment Agreement Managing Director between Chiquita Banana Company B.V. and Michel Loeb dated January 4, 2007.

 

  3. Employment Agreement between Fernando Aguirre and Chiquita Brands International, Inc. dated January 12, 2004 and Letter Agreement dated April 12, 2007 between Fernando Aguirre and Chiquita Brands International, Inc.

 

  4. Mortgage Subsidy Arrangement for Tanios Viviani as described in Form 8-K dated January 10, 2006 for more information.


Schedule 4.01(z)

Mortgaged Properties

See Schedule 4.01(z) attached hereto and incorporated herein.

 

   

OWNER

  

ADDRESS/DESCRIPTION

  

[*]

   Fair Value  
1   B C Systems, Inc., a Delaware corporation    1200 / 1220 Merrill Street Salinas, CA (Monterey County)    [*]      1,750,000   
2   B C Systems, Inc., a Delaware corporation    1225 / 1227 Merrill Street Salinas, CA (Monterey County)         3,160,000   
3   B C Systems, Inc., a Delaware corporation   

1341 Merrill Street Salinas, CA

(Monterey County)

        5,100,000   
4   B C Systems, Inc., a Delaware corporation   

900 E. Blanco Rd. Salinas, CA

(Monterey County)

        22,150,000   
5   B C Systems, Inc., a Delaware corporation   

Spreckels Land Hunter Lane, CA

(Monterey County)

   [*]      2,700,000   
6   B C Systems, Inc., a Delaware corporation    Spreckels Land Hunter Lane, CA(Monterey County)    [*]      2,200,000   
7   Fresh Express, Incorporated, a Delaware corporation (formerly Fresh-Cuts, Inc., dba Fresh Express Atlanta)   

1361 Southern Rd. Morrow, GA

(Clayton County)

        14,900,000   
8   Verdelli Farms, Inc.    7800 Wilmer Drive Harrisburg, PA (Dauphin County)   

Tax parcel

63-018-046

     600,000   
9   Verdelli Farms, Inc.    7505 Grayson Road and adjacent land Harrisburg, PA (Dauphin County)    Tax parcel 63-018-116 & Tax parcel 63-018-104      12,000,000   


Schedule 4.01(aa)

Leased Properties

See Schedule 4.01(aa)(i) attached hereto and incorporated herein for a list of leased ranch properties.

See Schedule 4.01(aa)(ii) attached hereto and incorporated herein for a list of leased facility properties.

Schedule 4.01(aa)(i)

Leased Ranch Properties

 

DESCRIPTION OF

PREMISES

   BORROWER
PARTY ROLE
   NAME OF LESSOR  

NAME OF LESSEE

   RENTAL COST   CURRENT
TERM END

ANDERSON RANCH 1[*], Monterey County, CA*

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

ANDERSON RCH 2[*], Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

Lease No. 01-69, [*], Yuma County, AZ

   Lessee    [*]   Bruce Church Inc.    [*]   [*]

Lease No. 01-70,[*], Yuma County, AZ

   Sublesee    [*]   Fresh Express Incorporated    [*]   [*]

Lease No. 03-1190, [*], Yuma County, AZ

   Lessee    [*]   BC Systems Inc.    [*]   [*]

BC SYSTEMS RANCH [*], Yuma County, AZ

   Lessor    BC Systems Inc.   [*]    [*]   [*]

VIOLINI SISTERS RANCH [*], Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]


DESCRIPTION OF

PREMISES

   BORROWER
PARTY ROLE
   NAME OF LESSOR  

NAME OF LESSEE

   RENTAL COST   CURRENT
TERM END

26 Acre Cooler, Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

Girls Ranch/Township 7 [*], Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

Daniels Ranch, [*], Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

BC SYSTEMS RANCH, [*], Monterey County, CA

   Lessor    BC Systems Inc.   [*]    [*]   [*]

BC SYSTEMS RANCH, [*], Monterey County, CA

   Lessor    BC Systems Inc.   [*]    [*]   [*]


DESCRIPTION OF

PREMISES

   BORROWER
PARTY ROLE
   NAME OF LESSOR  

NAME OF LESSEE

   RENTAL COST   CURRENT
TERM END

Fresh Express Incorporated, [*], Monterey County, CA

   Lessor    Fresh Express
Incorporated
  [*]    [*]   [*]

COOLEY RANCH aka ESTEL RANCH, [*], North Gila County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

CORDA RANCH, 97 acres, Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

[*], Domingos, Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

DUNN, DWIGHT & PENNY RANCH, [*], Yuma County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

FOWLER / DAGGETT RANCH, [*], Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

GILL FARMS, [*] Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]


DESCRIPTION OF

PREMISES

   BORROWER
PARTY ROLE
   NAME OF LESSOR  

NAME OF LESSEE

   RENTAL COST   CURRENT
TERM END

HITCHCOCK RANCH, [*], Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

COREY RANCH-Lakota, [*], Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

LAKOTA - Yuma [*], Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

LAKOTA PROP. Sta.Barbara/SLO, St. Luis Obispo County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

MONTOYA RANCH, [*], Yuma County AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

SPRAGUE/ FITZHUGH, [*], Yuma County, AZ

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

TEJEDA RANCH, [*], Yuma County, Arizona

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

COREY RANCH, [*], Monterey County, CA

   Lessee    [*]   Fresh Express Incorporated    [*]   [*]

SUBLEASES (Chiquita entities lease to Growers)

HITCHCOCK RANCH, [*], Monterey County, CA

   Sublessor    Fresh Express
Incorporated
  [*]    [*]   [*]

COREY RANCH / LAKOTA, [*], Montery County, CA

   Sublessor    Fresh Express
Incorporated
  [*]    [*]   [*]

COREY RANCH / WINDING BROOK CORP, [*], Monterey County, CA

   Sublessor    Fresh Express
Incorporated
  [*]    [*]   [*]

AZ State #69, Yuma County, AZ

   Sublessor -
Grower/Dealer
arrangement
   BC Systems Inc.   [*]    [*]   [*]


DESCRIPTION OF

PREMISES

   BORROWER
PARTY ROLE
   NAME OF LESSOR   

NAME OF LESSEE

   RENTAL COST   CURRENT
TERM END

Girls Ranch/Township 7 [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

26 Acre Cooler, [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

Daniels Ranch, [*]s, Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

DUNN, DWIGHT & PENNY RANCH, [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

Lakota Resources, Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

MONTOYA RANCH, [*], Yuma County AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

SPRAGUE/ FITZHUGH, [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

Dunn, Brian, [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

TEJEDA RANCH, [*], Yuma County, Arizona

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

Gill Farms, LLC, [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

Cooley Family Investments, LLC, [*], Yuma County, AZ

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]

CORDA RANCH, [*], Monterey County, CA

   Sublessor    Fresh International
Holding Corp
   [*]    [*]   [*]

ANDERSON LP RCH 2[*], Monterey County, CA

   Sublessor    Fresh Express
Incorporated
   [*]    [*]   [*]


DESCRIPTION OF

PREMISES

   BORROWER
PARTY ROLE
   NAME OF LESSOR   

NAME OF LESSEE

   RENTAL COST   CURRENT
TERM END

ANDERSON RANCH 1[*], Monterey County, CA

   Sublessor    Fresh
Express
Incorporated
   [*]    [*]   [*]

FOWLER / DAGGETT RANCH, [*], Monterey County, CA

   Sublessor    Fresh
Express
Incorporated
   [*]    [*]   [*]

LAKOTA PROP. Sta.Barbara/SLO, Yuma County, AZ

   Sublessor    Fresh
Express
Incorporated
   [*]    [*]   [*]

VIOLINI SISTERS RANCH - (Arcotti, et al), [*], Monterey County, CA

   Sublessor    Fresh
Express
Incorporated
   [*]    [*]   [*]


LOCATION

  

PROPERTY

   BORROWER
PARTY
  

FRESH EXPRESS
ENTITY

   OTHER
PARTY
  Expiration   Option   MONTHLY
RATE

Granada Hills, CA

   10315 Woodley Avenue    Lessee    Fresh Express Incorporated    [*]   [*]   [*]   [*]

Oakland, CA

   555 Maritime St., Bldg. C-401, Oakland, CA 94607    Lessee    TransFRESH Corporation    [*]   [*]   [*]   [*]

San Francisco, CA

   222 Columbus Ave. #222    Lessee    Fresh Express Incorporated    [*]   [*]   [*]   [*]

Santa Maria, CA

  

1279 West Stowell,

Ste. I

   Lessee    TransFRESH Corporation    [*]   [*]   [*]   [*]

Forest Park, GA

  

4889 Old Dixie Hwy. Storage Nos.

502 & 450

   Lessee    Fresh Express Incorporated    [*]   [*]   [*]   [*]

Franklin Park, IL

   2607 N. 25th Avenue    Licensee    Fresh Express Incorporated    [*]   [*]   [*]   [*]

Charlotte, NC

  

7810 Ballantyne Commons Pkwy.,

Ste. 317

   Lessee    Fresh Express Incorporated    [*]   [*]   [*]   [*]

Waco, TX

  

501 Hewitt Dr.,

Space 623

   Lessee    Fresh Express Incorporated    [*]   [*]   [*]   [*]

Bentonville, AK

   900B South Walton Blvd.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]


LOCATION

  

PROPERTY

   BORROWER
PARTY
  

FRESH EXPRESS
ENTITY

   OTHER
PARTY
  Expiration   Option   MONTHLY
RATE

Fresno, CA

   401 W. Fallbrook #202    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Los Angeles, CA

   1321 Wholesale St.    Lessee    Chiquita Brands International, Inc.    [*]   [*]   [*]   [*]

Port Hueneme, CA

   Pier 1, Berth 1    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Port Hueneme, CA

   105 East Hueneme Road    Sublessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Wilmington, DE

   101 River Rd.    Lessee    Chiquita Brands International, Inc.    [*]   [*]   [*]   [*]

Wilmington, DE

   11 Gist Road    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Miami, FL

   9850 Terrace Ave.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Port Everglades, FL

   2051 SE 35th St.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Port Everglades, FL

   2051 SE 35th St.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Port Everglades, FL

   2051 SE 35th St.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Port Everglades, FL

   3401 McIntosh Rd.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Tampa, FL

   15310 Amberly St., Suite 250-44    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Atlanta, GA

   600 Atlanta S. Parkway # 200    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Mansfield, MA

   31 Suffolk Rd.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Wayzata, MN

   700 Twelve Oaks Dr. # 263    Lessee    CBC    [*]   [*]   [*]   [*]

Gulfport, MS

   13486 Fastway Lane    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Gulfport, MS

   1 Fastway Lane    Lessee    Chiquita Brands International, Inc.    [*]   [*]   [*]   [*]

Gulfport, MS

   Hwy 90 & 30th Ave.    Lessee    Chiquita Brands International, Inc.    [*]   [*]   [*]   [*]

Cincinnati, OH

   250 East Fifth Street    Lessee    Chiquita Brands International, Inc.    [*]   [*]   [*]   [*]

Freeport, TX

   350 Pete Schaff Blvd.    Lessee    Chiquita Fresh North America L.L.C.    [*]   [*]   [*]   [*]

Freeport, TX

   801 Port Road    Lessee    Chiquita Brands International, Inc.    [*]   [*]   [*]   [*]

Newburgh, NY

   20 Governor Drive    Lesee    Verdelli Farms, Inc.    [*]   [*]   [*]   [*]

SUBLEASE

                 

Rosemont, IL

  

One O’Hare Center, Suite 450,6250

North River Road,

   Sublessor    Fresh Express Incorporated    [*]   [*]     [*]

Grand Prairie, TX

   2250 W. Warrior Trail    Sublessor    Fresh Express Incorporated    [*]   [*]     [*]

Not all ranch properties have street addresses.


Schedule 4.01(bb)

Existing Indebtedness

 

         

Indebtedness ($000)

      

Borrower

  

Creditor

  

as of
12/31/07

    

as of

2/28/08

    

Description

Chiquita Brands L.L.C.

  

Wachovia Bank,

National Association,

as agent

   $ 325,727       $ 132,027       Term Loan C

Chiquita Brands L.L.C.

  

Wachovia Bank,

National Association,

As agent

   $ 0       $ 45,000       Revolver


Schedule 4.01(cc)

Surviving Indebtedness

See Schedule 4.01(cc)(i) attached hereto and incorporated herein for a list of Surviving Indebtedness.

See Schedule 4.01(cc)(ii) attached hereto and incorporated herein for a list of issued letters of credit and bank guarantees.

See Schedule 4.01(cc)(iii) attached hereto and incorporated herein for a list of guarantees.

CBII has a note payable to Borrower dated June 7, 2004, which is being pledged as security for the Loans. The total amount outstanding at December 31, 2007 was $239,649,613. This amount does not reflect, among other adjustments in 2008, $194 million of net proceeds received by CBII from the February 2008 issuance of its 4.25% convertible senior notes, which proceeds were paid to Borrower (thereby reducing the principal amount outstanding. Borrower used these proceeds to partially prepay its Term Loan C under the Existing Credit Agreement.

Schedule 4.01(cc)(i)

Surviving Indebtedness

Consolidated CBII

as of 12/31/2007

 

Description

   Amount
In Thousands  USD
     Maturity      Interest Rate
at Month  End
    Floating or
Fixed Int. Rate
 

CBII

          

7 1/2% SENIOR NOTES

     250,000         11/1/2014         7.5000     Fixed   

8 7/8% SENIOR NOTES

     225,000         12/1/2015         8.7500     Fixed   
                

TOTAL CBII

     475,000           
                

CBNA

          

CBNA- CAPITALIZED LEASES

     54         12/31/2008         8.0000     Fixed   

CBNA- CAPITALIZED LEASES

     292         12/31/2008         8.0000     Fixed   

CBNA- CAPITALIZED LEASES

     429         12/31/2009         9.0000     Fixed   

CBNA- CAPITALIZED LEASES

     347         12/31/2009         9.0000     Fixed   

CBNA- CAPITALIZED LEASES

     250         2/28/2009         10.0000     Fixed   
                

TOTAL: CBNA

     1,373           
                

FRESH EXPRESS

          

VERDELLI - CAPITALIZED LEASES

     206         1/1/2011         7.3510     Fixed   
                

TOTAL: FRESH EXPRESS

     206           
                

HAMEICO

          

ATLANTA AG CAPITAL LEASE

     692         12/31/2010         N/A     

WORKING CAPITAL- DFM- HUF

     17         8/30/2011         8.4800     Floating   

MISC.- EMPLOYEE LOANS, ETC.

     2,218            N/A     

WORKING CAPITAL - AHORNER

     7,604         6/30/2009         N/A        Floating   
                

TOTAL: HAMEICO

     10,531           
                

CHIQUITA ITALIA

          
                

Aprofruit - Ripening Facility

     75         12/31/2008         6.3750     Libor +1.0   
                

IVORY COAST

          

PURCHASE OF 4 CITROEN

     15         2/28/2008         1.6000     FIXED   

PURCHASE OF 1 ISUZU TFR 54H

     4         2/28/2008         1.6000     FIXED   

TO BUY 1 TRACTOR

     11         3/31/2008         1.6000     FIXED   
                

TOTAL: IVORY COAST

     30           
                

FOOD INNOVATION- NETHERLANDS

          

LOAN

     186         5/2/2007         4.5000     Fixed   

LOAN

     186         5/2/2007         4.5000     Fixed   

LOAN

     186         5/2/2007         4.5000     Fixed   

LOAN

     141         5/2/2007         4.5000     Fixed   

LOAN

     20           
                

TOTAL: FOOD INNOVATION

     719           
                

CHIQUITA POLAND

     62           
                

GRAND TOTAL: CBII

     487,995           
                


Schedule 4.01 (cc)(ii)

LETTER OF CREDIT POSITION

CHIQUITA BRANDS L.L.C.

AS OF March 25, 2008

*Ordered by expiry date

 

OPENING
COMPANY

   BANK     

BENEFICIARY

   L/C
NUMBER
  L/C
TYPE
   DATE
OPENED
     BEGINNING
LIABILITY
     OUTSTANDING
LIABILITY
     EXPIRY
DATE
     Obligation Covered  

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      2/1/2007       $ 4,500,000       $ 4,500,000         2/1/2009         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      2/7/2006       $ 460,000       $ 595,000         2/7/2009         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      2/7/2006       $ 1,000,000       $ 1,000,000         2/7/2009         [*]   

Fresh Express

     FULTON BANK      

[*]

   [*]   SBY      3/12/2007       $ 216,742       $ 216,742         3/12/2009         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      3/7/2006       $ 6,750,000       $ 2,000,000         3/7/2009         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      3/7/2006       $ 892,700       $ 892,700         3/7/2009         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      12/22/2006       $ 311,103       $ 311,103         5/31/2008         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      8/18/2005       $ 10,000,000       $ 11,200,000         8/18/2008         [*]   

CFNA, LLC

     WACHOVIA BANK      

[*]

   [*]   SBY      8/24/2005       $ 300,000       $ 300,000         8/24/2008         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      11/30/2006       $ 7,250,430       $ 8,150,721         11/30/2008         [*]   

CBLLC

     WACHOVIA BANK      

[*]

   [*]   SBY      12/20/2005       $ 100,000       $ 100,000         12/20/2008         [*]   
         TOTAL CHIQUITA BRANDS L.L.C       $ 31,780,975       $ 29,266,266         

****Note: LC issued for EUROS 5,354,032

The above listed Letters of Credit will be replaced with Letters of Credit issued under the Rabobank Credit Agreement.


Schedule 4.01(cc)(ii)

BANCO ATLANTIDA BANK GUARANTEES

 

Issue of guarantees

  

For

   Amount      Currency  

[*]

   Tela Railroad Company Ltd.      70,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      200,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      100,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      100,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      5,575,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      284,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      702,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      2,500,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      1,000,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      65,000.00         HNL   

[*]

   Tela Railroad Company Ltd.      11,000.00         HNL   

TOTAL

        10,607,000.00      

BCT BANK GUARANTEES

        

[*]

   COBAL      300,000.00         USD   

TOTAL

        300,000.00      


Schedule 4.01(cc)(ii)

Issued pursuant to an uncommitted bank guarantee line in the amount of EUR 26,000,000.

ABN BANK GUARANTEES

 

Issue of guarantees

       Amount           Guarantee references  

[*]

  (for CBC BV)      3,500,000.00          [*]   

[*]

       17,082.00          [*]   

[*]

       17,875.00          [*]   

[*]

       20,061.69          [*]   

[*]

       15,000.00          [*]   

[*]

       8,403.35          [*]   

[*]

       13,613.41          [*]   

[*]

       3,500,000.00          [*]   

[*]

       250,000.00          [*]   

[*]

       100,000.00          [*]   

[*]

       400,000.00          [*]   

[*]

  (for Chiquita Poland)      11,255.24        40,000.00 PLN        [*]   

[*]

  (for Chiquita Poland)      20,989.19        74,593.50 PLN        [*]   

[*]

  (for Chiquita Sweden)      2,770,384.17        26,000,000.00 SEK     

Issuing of inter-office guarantees to our foreign branches

        

[*]

  (for CDB, France)      352,000.00          [*]   

[*]

       400,000.00          [*]   

[*]

       100,000.00          [*]   

Total

       11,496,664.05       

NATIONALE BORG/ING GUARANTEES

        

[*]

       1,300,000.00       

[*]

       2,000,000.00       

Total

       3,300,000.00       

KBC GUARANTEES

        

[*]

       77,537.19        [*]     

[*]

       6,500.00        [*]     

[*]

       35,000.00       

[*]

       37,184.03        (was BEF1,500,000)     

[*]

       2,107.09        [*]     

[*]

       24,789.35        [*]     

Total

       183,117.67       

BANCA POPOLARE DI MILANO

        

[*]

  (for Chiquita Italia)      404,225.00       

Total

       404,225.00       
              

Grand Total of all European Bank Guarantees

       15,384,006.72       
              


Schedule 4.01 (cc)(iii)

 

A T L A N T A G R O U P - B A N K G U A R A N T E E S

                 2007-12-31         

Issuing Company

   Issued Day      Expiration      Type of
guarantee
    Entity requiring      Beneficiary     Currency      Amount  

1. Germany

                  

Bremer Bank

                  

Atlanta AG

     1995-10-22         unlimited         [*]        Atlanta AG         [*]        EUR         34,396.89   

Sparkasse in Bremen

                  

Atlanta AG

     2000-11-30         unlimited         [*]        Fruchtunion Wien         [*]        EUR         18,168.21   

Atlanta AG

     2005-07-12         unlimited         [*]        Atlanta AG, ZN Frankfurt         [*]        EUR         8,500.00   

Atlanta AG

     2004-06-28         unlimited         [*]        Atlanta AG, ZN Frankfurt         [*]        EUR         17,349.33   

Atlanta AG

     2007-10-01         208-07-31         [*]        Josef Ahornier, Wien         [*]        EUR         180,000.00   

Atlanta AG

     2006-07-19         unlimited         [*]        Atlanta Bremen         [*]        EUR         50,000.00   

Atlanta AG

     2006-01-01         unlimited         [*]        Atlanta AG         [*]        EUR         250,000.00   

Atlanta AG

     2007-01-17         2007-12-30         [*]        Josef Ahornier, Wien         [*]        EUR         50,000.00   

Atlanta AG

     2007-05-01         2007-12-30         [*]        Atlanta AG, Div.BS         [*]        EUR         2,000,000.00   

Atlanta AG

     2007-12-21         2005-01-31         [*]        Josef Ahornier, Wien         [*]        EUR         100,000.00   

Atlanta AG

     2007-10-01         2008-09-30         [*]        Atlanta AG         [*]        EUR         1,000,000.00   

Hermes

                  

Atlanta AG

     1974-12-28         unlimited         [*]        Atlanta AG         [*]        EUR         303,163.80   

Atlanta AG

     1995-11-10         unlimited         [*]        Atlanta AG         [*]        EUR         25,565.00   

Atlanta AG

     1995-11-10         unlimited         [*]        Atlanta AG         [*]        EUR         25,565.00   

Atlanta AG

     1998-01-27         unlimited         [*]        Atlanta AG         [*]        EUR         192,985.60   

Atlanta AG

     2000-08-04         unlimited         [*]        Atlanta AG         [*]        EUR         1,597,638.65   

Bürgschaftserklärung

                  

Atlanta AG

     2001-04-26         unlimited         [*]        Atlanta AG         [*]        EUR         178,952.00   

Total Germany:

                  EUR         6,032,284.48   

2. Foreign Countries)

                  

a) Austria

                  

Ahorner GmbH

     1999-10-01         unlimited         [*]        Ahorner GmbH         [*]        EUR         21,801.85   
                              

Total Austria:

                  EUR         21,801.85   
                              

b) Netherlands

                  

Letter of awareness

                  

Atlana AG

                  
                              

Total Netherlands:

                  EUR         0.00   
                              

Total Foreign Countries:

                  EUR         21,801.85   

Total Germany ans Foreign Countries:

                  EUR         6,054,086.33   
                              


Schedule 5.02(b)

Permitted Liens

1.    See Schedule 5.02(b)(1) attached hereto and incorporated herein for a list of liens of record on the assets of the Borrower and its Subsidiaries.

2.    See Schedule 5.02(b)(2) attached hereto and incorporated herein for a list of possible encumbrances on trademarks based on a record search.

3.    See Schedule 5.02(b)(3) attached hereto and incorporated herein for a list of possible encumbrances on patents based on a record search.

4.     The following cash deposits of “Hameico” Fruit Trade GmbH and its Subsidiaries:

 

  a. “Hameico” Fruit Trade GmbH deposited cash in the amount of EUR 1,546,322.89 with a German bank to secure pension obligations to former shareholders of Scipio GmbH & Co. KG.

 

  b. Atlanta or one of its Subsidiaries gave cash collateral in the amount of EUR 2,000,000 to Euler Hermes Kreditversicherungs AG to secure the Euro 3,460,663.06 guarantee line.

 

  c. Atlanta or one of its Subsidiaries gave cash collateral in the amount of EUR 874,396.89 to two German banks to secure bank guarantees in the total amount of EUR 4,104,086.33.

5.     Josef Ahorner Ges.m.b.H pledged its rights in the real property no. 1397/2, EZ 4016 GB 010830 in Inzersdorf BG Liesing (halls A 1 and A 3) to Bankhhaus Krentschker & Co. AG to secure a EUR 1,500,000 loan from Bankhaus Krentschker & Co. AG to Josef Ahorner Ges.m.b.H.

6.     Substantially all of Atlanta’s (and its Subsidiaries) inventory in Germany is subject to title retention rights in favor of Atlanta’s and its subsidiaries’ suppliers (other than the Borrower). The receivables arising on the sale of the inventory are assigned for security purposes to Atlanta’s and its subsidiaries’ suppliers (other than the Borrower).

7.     Under German law (§§ 562-562d of the German Federal Legal Code), landlords have a statutory lien on assets owned by the tenant which are located in or at the leased premises. This would affect assets located at the following leased premises:

 

   

Rendsburg

   

Hanover

   

Dietzenbach

   

Berlin

   

Bremen

   

Regensburg

   

Durrweitzschen

   

Neunkirchen

   

Frankfurt

   

Hamburg


   

Cologne

   

Munich

   

Radefeld

   

Stuttgart

   

Giessen

8. Pursuant to the factoring contract for Josef Ahorner Ges.m.b.H, all trade receivables from 3rd-party customers of Josef Ahorner Ges.m.b.h in Austria are sold to the FactorBank AG.


Schedule 5.02(b)(1)

U.S. Entities

(reflects liens of record at 1/23/08 other than liens created or evidencing the Security Documents)

 

DEBTOR

  

JURISDICTION

  

SECURED
PARTY

  

SCOPE OF LIEN

  

FILE NO. / FILE
DATE

  

CONTINUATION/
AMENDMENT

Chiquita Brands International Inc.

              
Arises from the settlement by and between the Department of Justice and CBII whereby CBII shall pay $25 million over 5 years. The $20 million lien reflects that $20 million remains outstanding to be paid over the next 4 years. Lien filed pursuant to Federal Debt Collection Procedures Act of 1990, 28 USC Section 3001 et. seq.    Hamilton County    United States    $20,000,000 Federal Tax Lien    07-178961, Book 1073, Page 216, 12/26/2007   

Verdelli Farms, Inc.

   (through 1/31/08)            
This lien secures only a $216K letter of credit issued by Fulton Bank expiring 3/12/2009. This letter of credit will be replaced by a letter of credit and the lien will be released upon cancellation of the Fulton Bank letter of credit.    PA/SOS    Fulton Bank    A/R and General Intangibles    22600919, 11/22/1993    Contin. 8/26/1998 # 29320987; Contin. 9/29/2003 # 20030906235; Contin. 12/6/2007 # 2007120606257;


Non U.S. Entities

Miscellaneous Obligations that may have Liens

March 2008

 

Entity Reporting

   Creditor/Beneficiary   Description of Obligation   Security,
Collateral or Lien
  Originating
Obligation Date
   Maturity
Date
   Original
Amount
  Outstanding
Amount

Brundicorpi S.A.

   [*]   [*]   [*]   4/12/07    4/11/08    [*]   [*]

Brundicorpi S.A.

   [*]   [*]   None   6/21/07    6/21/08    [*]   [*]

Brundicorpi S.A.

   [*]   [*]   None   6/21/07    6/21/08    [*]   [*]

COBIGUA

   [*]   [*]   None   6/14/07    6/13/08    [*]   [*]

COBIGUA

   [*]   [*]   None   6/3/07    6/2/08    [*]   [*]

COBIGUA

   [*]   [*]   None   10/12/07    10/11/08    [*]   [*]

COBIGUA

   [*]   [*]   None   6/28/07    8/27/08    [*]   [*]

COBAL

   [*]   [*]   [*]   6/30/2004    n/a    [*]   [*]

Ivory Coast - SAFCA

   [*]   [*]   [*]   n/a    n/a    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   2/15/08    2/15/09    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   3/24/07    3/24/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   3/24/07    3/24/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   3/29/07    3/29/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   12/6/07    12/6/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   2/8/08    2/8/09    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   8/9/07    8/9/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   8/2/07    8/2/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   8/2/07    8/2/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   8/19/07    8/19/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   3/8/07    3/8/08    [*]   [*]

Tela Railroad
Company Ltd

   [*]   [*]   None   8/17/07    8/17/08    [*]   [*]


Entity Reporting

   Creditor/Beneficiary   Description of Obligation   Security,
Collateral or Lien
  Originating
Obligation Date
   Maturity
Date
   Original
Amount
  Outstanding
Amount

Tela Railroad Company Ltd

   [*]   [*]   None   1/14/08    8/2/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   10/5/07    10/5/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   12/5/07    12/5/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   12/6/07    12/6/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   12/6/07    12/6/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   12/6/07    12/6/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   8/24/07    8/24/08    [*]   [*]

Chiquita Logistic Services Honduras

   [*]   [*]   None   10/5/07    10/5/08    [*]   [*]

Americana De Exportacion, S.A.

   [*]   [*]   None   9/13/07    9/13/08    [*]   [*]

Tela Railroad Company Ltd

   [*]   [*]   [*]   12/20/00    12/20/30    [*]   [*]

“Hameico” Fruit Trade GmbH

   [*]   [*]   None      12/31/10    [*]   [*]

“Hameico” Fruit Trade GmbH

   [*]   [*]   None      8/30/11    [*]   [*]

“Hameico” Fruit Trade GmbH

   [*]   [*]   None      N/A    [*]   [*]

“Hameico” Fruit Trade GmbH

   [*]   [*]   None      6/30/09    [*]   [*]

Chiquita Italia

   [*]   [*]   None      12/31/08    [*]   [*]

Chiquita Italia

   [*]   [*]   [*]         [*]   [*]


Schedule 5.02(b)(2)

Liens or Other Encumbrances on Active US Trademarks Found of Record During

Search of PTO Records

 

Mark

   REG. NO.    IC    GOODS   

ISSUE

AMIGO

   0910452    31    Bananas   

PTO error listing record as part of release of

Security Interest by Lincoln First Bank to C.H. Stuart Inc.

Copy of filed document does not list mark. USPTO on 3/24/08

stated it would delete this error from the record.


Schedule 5.02(b)(3)

Liens or Other Encumbrances on Active US Patents Found of Record

1.     Product Display Stand and Method of Storing and Displaying Products Using the Same (U.S. Patent 5,599,079)

To the best of our knowledge, an assignment has not been completed or recorded in the U.S. Patent and Trademark Office for this patent. Accordingly, this patent issued to Douglas Ranno and David S. Stevens, and is not currently assigned of record to Borrower. Borrower believes it holds an interest in this patent by virtue of its employment of Douglas Ranno, as an inventor, at the time of this invention was made.

2.     Container Oxygen Control System for Transporting and Ripening Perishable Foods (U.S. Patent 5,799,495)

Owned jointly by Borrower and C.A. Holdings (Chile) S.A. by virtue of assignments recorded in the U.S. Patent and Trademark Office.

3.     Process for Ripening Bananas and Other Produce (U.S. Patent 5,460,841)

To the best of our knowledge, an assignment has not been completed or recorded in the U.S. Patent and Trademark Office for this patent. According, this patent issued to Robert W. Herdeman and is not currently assigned of record to Borrower. Borrower believes it owns this patent by virtue of its employment of Robert Herdeman, as an inventor, at the time this invention was made.

4.     Stackable Container for Ripening of Fruit During Shipment and Storage (U.S. Patent 5,121,877)

Owned jointly by Borrower and Nekoosa Packaging Corporation by virtue of assignments recorded in the U.S. Patent and Trademark Office.

5.     Banana Flavoring Process (U.S. Patent 4,935,254)

To the best of our knowledge, an assignment has not been completed or recorded in the U.S. Patent and Trademark Office for this patent. Accordingly, this patent issued to Elena Nunez and is not currently assigned of record to Borrower. Borrower believes it holds an interest in this patent by virtue of its employment of Elena Nunez, as an inventor, at the time this invention was made.


6.     Controlled Atmosphere Packaging for Bananas (U.S. Patent Application No. 11/684,686)

To the best of our knowledge, an assignment has not yet been completed or recorded in the U.S. Patent and Trademark Office for this patent application. Borrower believes that it owns this application and all applications based on it by virtue of its employment of the inventors at the time the invention as made.

7.     System and Method for Processing and Packing of Fresh Fruit in a Controlled Environment (U.S. Patent Application No. 12/027,230)

To the best of our knowledge, an assignment has not yet been completed or recorded in the U.S. Patent and Trademark Office for this patent application. Fresh Express Incorporated believes that it owns this application and all applications based on it by virtue of its employment of the inventors at the time the invention as made.

8.     Fresh Pineapple Spear Pasteurization Process and Product (U.S. Patent Application No. 12/027,237)

To the best of our knowledge, an assignment has not yet been completed or recorded in the U.S. Patent and Trademark Office for this patent application. Fresh Express Incorporated believes that it owns this application and all applications based on it by virtue of its employment of the inventors at the time the invention as made.


SCHEDULE 5.02(c)(v)

Sale or Other Disposition of Assets or Entities

1. Atlanta A.G. (Germany)

2. Certain assets of “Hameico” Fruit Trade GmbH, the immediate parent of Atlanta A.G., and Meneu Distribucion (Spain), which is 50% owned by Atlanta A.G, may be sold in connection with the sale of Atlanta A.G.

3. Whether or not ATLANTA Aktiengesellschaft is sold, one of its subsidiaries and two pieces of real property it owns are being separately marketed:

(a)     Atabel (Belarus)

(b)     Real property (land) in Warsaw, Poland

(c)     Real property (apartment) in Rome, Italy


Schedule 5.02(e)

Investments

 

Asset

   Net book value at
12/31/07 $000)
 

Loans & advances

     57,271   

Grower advances

  

Receivables related to sale of Colombia division

     6,873   

Government loans

     8,994   

Receivables for asset sales (excl Colombia)

     4,970   

Deposits – utilities, leases, security, etc.

     7,076   

Employee advances

     2,987   

Restricted cash

     2,563   

Advances to joint venture/affiliates

     4,775   

Shares of Landec Corp.

     6,514   

Equity Method Investments (50% or Less Ownership, Not Consolidated)

  

Chiquita-Unifrutti Asia BV/ Laysun Far East/ Baninvest

     28,983   

Coast Citrus Distributors

     12,693   

Compania Bananera Los Laureles, S.A.

     273   

Compania Bananera Monte Blanco, S.A.

     252   

Compania Bananera La Estrella, S.A.

     239   

Hospital La Lima, S.A. de C.V.*

     —     

Uniata Union Atlantica Hortofruticola Import-Export S.L.*

     —     

Fundacion Para El Desarrollo de Comunidades Sostenibles en

  

El Valle de Sulla*

  

Associated Santa Maria Minerals

  
ProduceSupply.org LLC   

Investments in Controlled Companies with 50% or Less Ownership (Consolidated)

Sevicios de Logistica Chiquita, S.A.

Investments in Controlled Companies with greater than 50% Ownership (Consolidated)

Chiquita LLVK, s.r.o.

Chiquita Food Innovation B.V.

Chiquita Fruit Bar GmbH

Chiquita Fruit Bar (Germany) GmbH

Chiquita Hungary Trading Kft

ATABEL

NARPAK Narenciye Paketlemve Tic Ltd.Sti

C.D.B.C.I. Cie des Bananes

Promotion et Developpement de la Culture Bananaiere (PRODEBA)

Diakite & CdB

Other

1 – 25 shares of several publicly traded corporations (mainly food related businesses) owned to provide for copies of such corporations’ financial information.


Schedule 5.02(e)(xvii)

Investments in Joint Ventures

It is anticipated that Chiquita Brands L.L.C. or subsidiaries will, directly or through an offshore company, own 80% of a Peoples Republic of China company that owns and operates “Chiquita Cafes” in China. The formation costs and initial Chiquita investment (equity and debt) are expected to be [*] . Chiquita Brands L.L.C. or its subsidiaries may eventually make additional capital contributions or loans in the approximate amount of [*]; in no event shall the aggregate amount of the Investments made pursuant to Section 5.02(e)(xvii) in this company exceed [*].

It is anticipated that Chiquita Brands L.L.C. or its subsidiaries will, directly or through an offshore company, own 75% of a Peoples Republic of China company that manufactures and sells a variety of food products in China. The formation costs and initial Chiquita investment (equity and debt) are expected to be [*]. Chiquita Brands L.L.C. or its subsidiaries may eventually make additional capital contributions or loans in the approximate amount of [*]; in no event shall the aggregate amount of the Investments made pursuant to Section 5.02(e)(xvii) in this company exceed [*].


Schedule 5.02(f)(ii)

Existing CBII Liabilities

 

Liabilities    Book value at
12/31/07($000)*
 

  1/2% Senior Notes – Interest

     253,125   

  7/8% Senior Notes – Interest

     226,664   

Deferred compensation (unfunded)

     3,071   

Capital Accumulation Plan liability (employee benefit plan) (funded)

     14,713   

Pension liabilities (unfunded)

     5,212   

Advances from Borrower

     239,650 ** 

Deductible and Paid Loss Retrospective Rating Agreement with Zurich

     —     

American Insurance Company

  

4.25% Convertible Senior Notes – Interest & Conversion Payments

     200,000

 

* On February 12, 2008, Chiquita Brands International, Inc. issued $200 million of 4.25% convertible senior notes due in 2016.
** This does not include $194 million of net proceeds from the 4.25% convertible senior notes, which were paid to Borrower reducing advances and used by Borrower to prepay Term Loan C.

 

* For illustrative purposes only; the values are not intended to restrict payments to these amounts.


Schedule 5.02(g)

Other CBII Business/ Assets

 

Asset (Book Value ($000))*

     2/23/2008         12/31/2007   

Prepaid insurance for directors & officers & fiduciary

   $ 647       $ 819   

Prepaid IT maintenance

   $ 1,244       $ 715   

Capital Accumulation Plan asset (funding of employee benefit plan)

   $ 12,991       $ 14,981   

Shares of Landec Corporation

   $ 6,514       $ 6,514   

Corporate consolidation & payroll computer systems

   $ 0       $ 0   

Unamortized debt issue costs for 7  1/2% senior notes

   $ 2,961       $ 3,035   

Unamortized debt issue costs for 8 7/8% senior notes

   $ 4,368       $ 4,462   

Unamortized debt issue costs for 4.25% convertible notes

   $ 11,081       $ 0   

Investment in Chiquita Brands, LLC

   $ 944,183       $ 944,183   

.2% interest in Chiquita Mexico S. de R.L. de C.V.

   $ 0       $ 0   

Nominal amounts of shares in 1 to 25 publicly traded companies

   $ 0       $ 0   

*The values above may vary.


Schedule 5.02(n)

Negative Pledge Agreements1

 

1.    Equipment Lease Agreement between General Electric Capital Business Asset Funding Corporation and CB Containers, Inc. dated December 21, 1998.
2.    Shareholders Agreement of Compania Mundimar contains a buy/sell “shotgun” provision.
3.    Leases which are entered into the ordinary course of business that prohibit assignment.
4.    Lease Agreement dated April 1, 2004 between Development Authority of Clayton County and Fresh Express Incorporated (as successor to Fresh-Cuts LLC as successor to Fresh-Cuts, Incorporated), as amended, modified or supplemented from time to time.
5.    Bond Purchase Loan Agreement, dated for purposes of reference as of April 1, 2004 by and between the Development Authority of Clayton County and Fresh Express Incorporated (as successor to Fresh-Cuts, LLC as successor to Fresh-Cuts, Incorporated).
6.    Equipment Lease between Mead Corporation and Fresh Express Incorporated (as successor to Fresh Advantage, Inc.) dated May 15, 1999.
7.    Commercial Lease Agreements by and between Atlanta Forklifts and Fresh Express Incorporated dated July 9, 2004.
8.    Commercial Lease Agreements by and between Atlanta Forklifts and Fresh Express Incorporated dated July 1, 2002 (PFG d/ba/ Fresh Express Incorporated).
9.    Commercial Lease Agreements by and between RJMS Corporation, d/b/a Toyota Material Handling Northern CA and Fresh Express Incorporated dated July 19, 2002.
10.    Commercial Lease Agreements by and between RJMS Corporation, d/b/a Toyota Material Handling Northern CA and Fresh Express Incorporated dated February 12, 2003.
11.    Commercial Lease Agreements by and between RJMS Corporation, d/b/a Toyota Material Handling Northern CA and Fresh Express Incorporated dated September 23, 2002.
12.    Commercial Lease Agreements by and between RJMS Corporation, d/b/a Toyota Material Handling Northern CA and Fresh Express Incorporated dated February 9, 2004.
13.    Commercial Lease Agreements by and between RJMS Corporation, d/b/a Toyota Material Handling Northern CA and Fresh Express Incorporated dated August 11, 2004.
14.    Equipment Lease Agreements between Fresh Express Incorporated (as successor to Redi-Cut Foods, Inc.) and Raymond Leasing Corporation.
15.    Master lease Agreement by and between Crown Credit Company and Fresh Express Incorporated (as successor to Fresh Express Chicago-Incorporated) dated October 27, 2001.
16.    Master Lease Agreement by and between Crown Credit Company and Fresh Express Incorporated (as successor to Redi-Cut Foods, Inc.) dated September 11, 2002.

 

1

All negative pledges only cover the assets being financed.


17.    Various Lease Agreements between Atlas Pacific Engineering Company and Fresh Express Incorporated.
18.    Vehicle Service Lease by and between AIM Nationalease and Fresh Express Incorporated (as successor to Redi-Cut Foods, Inc.) dated Septembers 15, 1998.
19.    Equipment Use Agreement by and between Georgia Pacific Corporation and Fresh Express Incorporated (as successor to Fresh Advantage, Inc.) dated January 27, 2003.
20.    Equipment Rental Agreement between Power Pool Plus, Inc. and CB Containers, Inc. dated October 31, 1997.
21.    Lease Agreement between Triton Container International Limited and CB Containers, Inc. dated September 1, 2005.
22.    Lease Agreement between Triton Container International Limited and CB Containers, Inc. dated September 1, 2005.
23.    Lease Agreement between Triton Container International Limited and CB Containers, Inc. dated March 1, 2005.
24.    Lease Agreement between Triton Container International Limited and CB Containers, Inc. dated February 1, 2005.
25.    Lease Agreement between Triton Container International Limited and CB Containers, Inc. dated January 1, 2005.
26.    Lease Agreement between Triton Container International Limited and CB Containers, Inc. dated July 1, 2003.
27.    Lease Agreement between Florens Container Inc. and CB Containers, Inc. dated March 1, 2005.
28.    Term Lease Agreement between Flexi-van Leasing, Inc. and CB Containers, Inc. (currently being negotiated).
29.    Agreement on General Terms and Conditions between Carlisle Leasing International, LLC and CB Containers, Inc. dated January 23, 2004.
30.    Vehicle Lease Service Agreement between Fresh Express Incorporated (as successor to Fresh Advantage, Inc.) and PACCAR Leasing Company, a division of PACCAR Financial Corporation dated September 2, 2000.
31.    Vehicle Lease Service Agreement between Fresh Express Incorporated and MCH Truck Leasing, Inc. (PacLease) dated August 30, 2006.