SECOND AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 7th, 2005 • Bear Creek Direct Marketing, Inc. • Retail-retail stores, nec • New York
This SECOND AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is effective as of September 23, 2005 by and among HARRY & DAVID OPERATIONS CORP. (formerly known as Bear Creek Corporation), a Delaware corporation (“Borrower”), the Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I of the Credit Agreement referenced below), the Required Lenders signatory hereto, UBS AG, STAMFORD BRANCH, as administrative agent (the “Administrative Agent”) for the Lenders, and GMAC Commercial Finance LLC, as collateral agent (the “Collateral Agent”; and together with the Administrative Agent, the “Agents”) for the Secured Parties and Issuing Bank.
