EXHIBIT 10.45
[XXXXXX'X GRAND ICE CREAM, INC. LOGO]
October 22, 2003
Nestle S.A.
00 Xxxxxx Xxxxxx
XX-0000 Xxxxx
Xxxxxxxxxxx
Attn: Xxxxxxxx Xxxxxxxxx, Vice President and Group Treasurer
Re: Bridge Loan Facility for up to USD 400 million dated June 11, 2003 by and
between Nestle S.A. (Nestle) and Xxxxxx'x Grand Ice Cream Holdings, Inc.
(Dreyer's)
Dear Xx. Xxxxxxxxx,
We agree to amend the referenced Bridge Loan Facility effective as of September
26, 2003 by replacing in its entirety the Term paragraph with the following:
Term: Twelve months. At the option of the
Borrower, and upon not less than thirty (30)
days' prior notice to the Lender, the Loan
may be extended for additional periods not to
exceed 12 months, provided however that the
Loan may not be extended beyond December 31,
2005; and provided that, at the date of the
extension request, the sum of Borrower's
reported Stockholders Equity and Class A
Callable Puttable Common Stock is not less
than USD 2,000,000,000 (two billion US
dollars).
All other terms and conditions of the Bridge Loan Facility are unchanged by
this amendment and remain in full force and effect.
Please indicate your agreement by signing and returning to us the attached copy
of the amendment.
Agreed and Accepted:
XXXXXX'X GRAND ICE CREAM HOLDINGS, INC. NESTLE S.A.
/s/ Xxxxxxx X. Xxxxxxxxxx /s/ X. Xxxxxxxxx
Xxxxxxx X. Xxxxxxxxxx,
Executive Vice President By: X. Xxxxxxxxx
Chief Financial Officer ---------------------------
Its:
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Date: 27.10.2003
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510.652.8187 - 800.888.3442
0000 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx 00000
xxx.xxxxxxx.xxx
