0001104659-05-005796 Sample Contracts

MODIFICATION OF CREDIT AGREEMENT AND WAIVER
Modification of Credit Agreement • February 11th, 2005 • Todhunter International Inc • Malt beverages • Florida

THIS MODIFICATION OF CREDIT AGREEMENT (“Modification”) is made as of the 20th day of December, 2004 (the “Effective Date”), by and between SOUTHTRUST BANK, an Alabama corporation, formerly known as SouthTrust Bank, National Association acting as a Lender and as Administrative Agent and Funding Agent (collectively “Agent”) pursuant to the Credit Agreement (defined below), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, formerly known as First Union National Bank, a national banking association, acting as a lender, (together, the “Lenders”), and TODHUNTER INTERNATIONAL, INC., a Delaware corporation (the “Borrower”)

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