AGREEMENT TO INCREASE COMMITMENTS
Exhibit 10.1
AGREEMENT TO INCREASE COMMITMENTS
December 1, 2006
Pursuant to Section 4.18 of the Credit Agreement dated as of March 31, 2004 among ARAMARK Services, Inc., ARAMARK Uniform & Career Apparel Group, Inc., and ARAMARK Canada Ltd., as Borrowers, ARAMARK Corporation, as Parent Guarantor, the Lenders party thereto, JPMorgan Chase Bank, N.A., as General Administrative Agent, JPMorgan Chase Bank, Toronto Branch, as Canadian Administrative Agent and the Syndication Agents party thereto (as amended, the “Credit Agreement”), the undersigned U.S. Lenders hereby agree to increase their U.S. Commitments as set forth on the Commitment Increase schedule attached hereto, effective as of the date hereof.
Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Credit Agreement.
As required by Section 4.18 of the Credit Agreement, each Obligor by its signature below represents that (i) immediately before and after the foregoing increase, no Default has occurred and is continuing and (ii) the representations and warranties of the Obligors contained in the Financing Documents are true in all material respects on and as of the date hereof.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed by their respective authorized officers as of the day and year first above written.
| JPMORGAN CHASE BANK, N.A., as General Administrative Agent and U.S. Lender | ||
| By: | /s/ Barbara. N March | |
| Name: | Barbara N. March | |
| Title: | ||
| BANK OF AMERICA, N.A. | ||
| By: | /s/ Irene Bertozzi Bartenstein | |
| Name: | Irene Bertozzi Bartenstein | |
| Title: | Principal | |
| CITIBANK, N.A. | ||
| By: | /s/ John McQuiston | |
| Name: | John McQuiston | |
| Title: | Vice President & 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/ Samuel L. Hill | |
| Name: | Samuel L. Hill | |
| Title: | Managing Director | |
| By: | /s/ David Cagle | |
| Name: | David Cagle | |
| 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/ Adriaan Weststrate | |
| Name: | Adriaan Weststrate | |
| Title: | Managing Director | |
| By: | /s/ Rebecca Morrow | |
| Name: | Rebecca Morrow | |
| Title: | Executive Director | |
| BANK OF TOKYO-MITSUBISHI UFJ TRUST COMPANY | ||
| By: | /s/ Nobuo Harima | |
| Name: | Nobuo Harima | |
| Title: | Vice President | |
| BARCLAYS BANK PLC | ||
| By: | /s/ Nicholas Bell | |
| Name: | Nicholas Bell | |
| Title: | Director | |
| NATIONAL CITY BANK | ||
| By: | /s/ Eleanor Orlando | |
| Name: | Eleanor Orlando | |
| Title: | Corporate Banking Officer | |
| THE BANK OF NOVA SCOTIA | ||
| By: | /s/ Todd S. Meller | |
| Name: | Todd S. Meller | |
| Title: | Managing Director | |
| COMERICA BANK | ||
| By: | /s/ Richard C. Hampson | |
| Name: | Richard C. Hampson | |
| Title: | Vice President | |
| DEUTSCHE BANK AG NEW YORK BRANCH | ||
| By: | /s/ Frederic W. Laird | |
| Name: | Frederick W. Laird | |
| Title: | Managing Director | |
| By: | /s/ Ming K. Chu | |
| Name: | Ming K. Chu | |
| Title: | Vice President | |
| KBC BANK N.V. | ||
| By: | /s/ Robert M. Surdam, Jr. | |
| Name: | Robert M. Surdam, Jr. | |
| Title: | Vice President | |
| By: | /s/ Robert Snauffer | |
| Name: | Robert Snauffer | |
| Title: | First Vice President | |
| MELLON BANK, N.A. | ||
| By: | /s/ Laurie G. Dunn | |
| Name: | Laurie G. Dunn | |
| Title: | First Vice President | |
| U.S. BANK N.A. | ||
| By: | /s/ Frances W. Josephic | |
| Name: | Frances W. Josephic | |
| Title: | Vice President | |
| WILLIAM STREET CREDIT CORPORATION | ||
| By: | /s/ Mark Walton | |
| Name: | Mark Walton | |
| Title: | Assistant Vice President | |
Accepted and Agreed:
| ARAMARK SERVICES, INC. | ||
| By: | /s/ Christopher S. Holland | |
| Name: | Christopher S. Holland | |
| Title: | President and Treasurer | |
| ARAMARK UNIFORM & CAREER APPAREL GROUP, INC. | ||
| By: | /s/ Christopher S. Holland | |
| Name: | Christopher Holland | |
| Title: | Treasurer | |
| ARAMARK CANADA LTD. | ||
| By: | /s/ L. Frederick Sutherland | |
| Name: | L. Frederick Sutherland | |
| Title: | President | |
| ARAMARK CORPORATION. | ||
| By: | /s/ L. Frederick Sutherland | |
| Name: | L. Frederick Sutherland | |
| Title: | Executive Vice President | |
COMMITMENT INCREASE SCHEDULE
| U.S. Lender | Increase in U.S. Commitment | ||
| JPMorgan Chase Bank, N.A. | $ | 16,000,000 | |
| Cooperative Centrale Raiffeisen- Boerenleenbank B.A. “Rabobank International”, New York Branch | $ | 15,250,000 | |
| Bank of America, N.A. | $ | 14,062,500 | |
| Citibank, N.A. | $ | 14,062,500 | |
| Sumitomo Mitsui Banking Corporation | $ | 14,062,500 | |
| Wachovia Bank, N.A. | $ | 14,062,500 | |
| Bank of Tokyo-Mitsubishi UFJ Trust Company | $ | 10,000,000 | |
| Calyon New York Branch | $ | 9,375,000 | |
| PNC Bank, National Association | $ | 9,375,000 | |
| Barclays Bank PLC | $ | 5,625,000 | |
| Comerica Bank | $ | 3,750,000 | |
| Deutsche Bank AG New York Branch | $ | 3,750,000 | |
| KBC Bank N.V. | $ | 3,750,000 | |
| Mellon Bank, N.A. | $ | 3,750,000 | |
| National City Bank | $ | 3,750,000 | |
| The Bank of Nova Scotia | $ | 3,750,000 | |
| U.S. Bank N.A. | $ | 3,750,000 | |
| William Street Credit Corporation | $ | 1,875,000 | |
| Total | $ | 150,000,000 | |
Signature Page to ARAMARK Credit Agreement
