AMENDMENT NO. 2 TO CREDIT AGREEMENT

Contract Categories: Business Finance - Credit Agreements
EX-10.1 2 dex101.htm AMENDMENT DATED AS OF SEPTEMBER 29, 2006 TO THE CREDIT AGREEMENT Amendment dated as of September 29, 2006 to the Credit Agreement

Exhibit 10.1

AMENDMENT NO. 2 TO CREDIT AGREEMENT

AMENDMENT dated as of September 29, 2006 to the Credit Agreement dated as of March 31, 2004 (as heretofore amended, the “Credit Agreement”) among ARAMARK SERVICES, INC., ARAMARK UNIFORM & CAREER APPAREL GROUP, INC., and ARAMARK CANADA LTD. (the “Borrowers”), ARAMARK CORPORATION (the “Parent Guarantor”), the LENDERS party hereto, JPMORGAN CHASE BANK, N.A. (as “General Administrative Agent”), and JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, (as “Canadian Administrative Agent”).

The parties hereto agree as follows:

SECTION 1. Defined Terms; References. Unless otherwise specifically defined herein, each term used herein that is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement. Each reference to “hereof”, “hereunder”, “herein” and “hereby” and each other similar reference and each reference to “this Agreement” and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.

SECTION 2. Amendment. The figure “$150,000,000” appearing in the last sentence of Section 2.04(b) is changed to “$300,000,000”.

SECTION 3. Representations of Obligors. Each Obligor listed on the signature pages hereof represents and warrants that (i) the representations and warranties of such Obligor set forth in Article 6 of the Credit Agreement are true in all material respects on and as of the date hereof and (ii) no Default has occurred and is continuing on the date hereof.

SECTION 4. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of New York.

SECTION 5. Counterparts. This Amendment may be signed in any number of counterparts, each of which shall be an original, and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument.

SECTION 6. Effectiveness. This Amendment shall become effective as of the date hereof upon receipt by the General Administrative Agent of a counterpart hereof signed by the Parent Guarantor, each U.S. Borrower and U.S. Lenders having a majority in amount of the U.S. Commitments, or facsimile or other written confirmation (in form satisfactory to the General Administrative Agent) that such party has signed a counterpart hereof.


IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date first above written.

 

ARAMARK SERVICES, INC.
By:  

/s/ L. Frederick Sutherland

Name:   L. Frederick Sutherland
Title:   Executive Vice President and Chief Financial Officer

 

ARAMARK UNIFORM & CAREER APPAREL GROUP, INC.
By:  

/s/ Alex Marino

Name:   Alex Marino
Title:   Vice President

 

ARAMARK CANADA, LTD.
By:  

/s/ L. Frederick Sutherland

Name:   L. Frederick Sutherland
Title:   President and Chief Operating Officer


ARAMARK CORPORATION
By:  

/s/ L. Frederick Sutherland

Name:   L. Frederick Sutherland
Title:   Executive Vice President and Chief Financial Officer


JPMORGAN CHASE BANK, N.A., as

General Administrative Agent and U.S. Lender

By:  

/s/ Barbara R. Marks

Name:   Barbara R. Marks
Title:   Vice President


BANK OF AMERICA, N.A.
By:  

/s/ Irene Bertozzi Bartenstein

Name:   Irene Bertozzi Bartenstein
Title:   Principal


CITIBANK, N.A.
By:  

/s/ Sandy Salgado

Name:   Sandy Salgado
Title:   Managing Director


SUMITOMO MITSUI BANKING CORPORATION
By:  

/s/ Shigeru Tsuru

Name:   Shigeru Tsuru
Title:   Joint General Manager


WACHOVIA BANK, N.A.
By:  

/s/ John G. Taylor

Name:   John G. Taylor
Title:   Vice President


CALYON New York Branch
By:  

/s/ David Cagle

Name:   David Cagle
Title:   Managing Director

 

By:  

/s/ Robert Smith

Name:   Robert Smith
Title:   Managing Director


PNC BANK, NATIONAL ASSOCIATION
By:  

/s/ Denise D. Killen

Name:   Denise D. Killen
Title:   Senior Vice President


COOPERATIEVE CENTRALE

    RAIFFEISEN-BOERENLEENBANK

    B.A. “RABOBANK

    INTERNATIONAL”, NEW YORK BRANCH

By:  

/s/ Theodore W. Cox

Name:   Theodore W. Cox
Title:   Executive Director
By:  

/s/ Rebecca O. Morrow

Name:   Rebecca O. Morrow
Title:   Executive Director


BANK OF TOKYO-MITSUBISHI

    TRUST COMPANY

By:  

/s/ Christian Giordano

Name:   Christian Giordano
Title:   Vice President


BARCLAYS BANK PLC
By:  

/s/ Nicholas Bell

Name:   Nicholas Bell
Title:   Director


THE BANK OF NEW YORK
By:  

/s/ Roger Grossman

Name:   Roger Grossman
Title:   Vice President


THE ROYAL BANK OF SCOTLAND plc
By:  

/s/ Philippe Sandmeier

Name:   Philippe Sandmeier
Title:   Managing Director


NATIONAL CITY BANK
By:  

/s/ Anne Marie Hughes

Name:   Anne Marie Hughes
Title:   Senior Vice President


THE BANK OF NOVA SCOTIA
By:  

/s/

Name:  
Title:  


COMERICA BANK
By:  

/s/ Richard C. Hampson

Name:   Richard C. Hampson
Title:   Vice President


DEUTSCHE BANK AG NEW YORK BRANCH
By:  

/s/ Frederick W. Laird

Name:   Frederick W. Laird
Title:   Managing Director
By:  

/s/ Ming K. Chu

Name:   Ming K. Chu
Title:   Vice President


MELLON BANK, N.A.
By:  

/s/ Laurie G. Dunn

Name:   Laurie G. Dunn
Title:   First Vice President


WILLIAM STREET CREDIT CORPORATION
By:  

/s/ Mark Walton

Name:   Mark Walton
Title:   Assistant Vice President