EX-10.1
from 8-K
13 pages
Amendment No. 5 (This “Amendment”) Dated as of June 2, 2006, to the Credit Agreement Dated as of November 25, 2003 (As Amended, Supplemented or Otherwise Modified From Time to Time, the “Credit Agreement”), Among Crunch Holding Corp., a Delaware Corporation (“Holdings”), Pinnacle Foods Group Inc. (As Successor to Pinnacle Foods Holding Corporation), a Delaware Corporation (The “Borrower”), the Lenders Party Thereto as of the Date Hereof, Prior to Giving Effect to This Amendment (The “Existing Lenders”), Deutsche Bank Trust Company Americas, as Administrative Agent (The “Administrative Agent”), General Electric Capital Corporation, as Syndication Agent, and Jpmorgan Chase Bank, N.A. (Formerly Known as Jpmorgan Chase Bank and Referred to Herein as “Jpmcb”), Citicorp North America, Inc. and Canadian Imperial Bank of Commerce, as Co-Documentation Agents. Whereas Pursuant to the Credit Agreement, the Lenders and the Issuing Bank Have Agreed to Extend Credit to the Borrower on the Terms and Subject to the Conditions Set Forth Therein; Whereas Holdings and the Borrower Have Requested That Certain Provisions of the Credit Agreement Be Amended as Set Forth Herein; and Whereas the Undersigned Lenders Are Willing to Amend Such Provisions of the Credit Agreement on the Terms and Subject to the Conditions Set Forth Herein; Now, Therefore, in Consideration of the Mutual Agreements Herein Contained and Other Good and Valuable Consideration, the Sufficiency and Receipt of Which Are Hereby Acknowledged, and Subject to the Conditions Set Forth Herein, the Parties Hereto Hereby Agree as Follows: Section 1. Defined Terms. Capitalized Terms Used but Not Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. as Used in This Amendment: “Amendment No. 5 Effective Date” Shall Be the Date on Which All the Conditions Set Forth in Section 7 Hereof Shall Have Been Satisfied. “Clfcc” Means Chase Lincoln First Commercial Corporation, an Affiliate of Jpmcb
12/34/56
