0001104659-05-049570 Sample Contracts

RATIFICATION AND AMENDMENT AGREEMENT
Ratification and Amendment Agreement • October 21st, 2005 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties

THIS RATIFICATION AND AMENDMENT AGREEMENT dated as of October 17, 2005 (the “Amendment”), is entered into by and between CAPITALSOURCE FINANCE LLC, a Delaware limited liability company, in its capacity as “Agent” and “Lender” under the Loan Agreement referenced below (in such capacities, collectively, the “Lender”), and GARDENBURGER, INC., an Oregon corporation (“Borrower”). Capitalized terms used and not otherwise defined herein are used as defined in the Loan Agreement (as defined below).

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