0001193125-08-198507 Sample Contracts

CONSENT AND SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • September 19th, 2008 • Harry & David Holdings, Inc. • Retail-retail stores, nec • New York

This CONSENT AND SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is effective as of August 8, 2008 by and among HARRY AND DAVID, an Oregon corporation (as successor by merger to Harry & David Operations Corp., 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 the Credit Agreement referenced below), the Lenders signatory hereto, UBS AG, STAMFORD BRANCH, as administrative collateral agent and as administrative agent (in its capacity as administrative agent, the “Administrative Agent”) for the Lenders, and GMAC Commercial Finance LLC, as collateral agent (the “Collateral Agent”) for the Secured Parties and Issuing Bank.

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