Performance Undertaking Reaffirmation Letter between Jarden Corporation and SunTrust Robinson Humphrey, Inc. dated August 8, 2007
Jarden Corporation confirms to SunTrust Robinson Humphrey, Inc. that its obligations as Performance Guarantor under a prior Performance Undertaking remain in effect, even after the addition of new originators to the related Receivables Contribution and Sale Agreement. This letter ensures that Jarden continues to guarantee the obligations of both existing and newly added originators under the referenced agreements. The reaffirmation is effective as of August 8, 2007.
Exhibit 10.6
EXECUTION VERSION
JARDEN CORPORATION
555 THEODORE FREMD AVENUE
SUITE B-302
RYE, NEW YORK 10580
August 8, 2007
SunTrust Robinson Humphrey, Inc.
26th Floor, MC3950
303 Peachtree Street
Atlanta, Georgia 30308
Ladies and Gentlemen:
Reference is made to the Amended and Restated Loan Agreement dated as of August 8, 2007 (the Loan Agreement) by and among JARDEN RECEIVABLES, LLC, as the Borrower, JARDEN CORPORATION (Jarden), as the initial Servicer, THREE PILLARS FUNDING LLC, as the Lender, and SUNTRUST ROBINSON HUMPHREY, INC., as the Administrator, the Amended and Restated Receivables Contribution and Sale Agreement, dated as of August 8, 2007 (the Receivables Contribution and Sale Agreement), among Borrower and certain other parties thereto, and the Performance Undertaking, dated as of August 24, 2006 (the Undertaking), executed by Jarden as the Performance Guarantor. Capitalized terms used and not otherwise defined herein are used with the meanings attributed thereto in the Loan Agreement, the Receivables Contribution and Sale Agreement referenced therein, or the Undertaking, as applicable.
By its signature below, the Jarden hereby acknowledges that Jardens obligations under the Undertaking remain in full force and effect notwithstanding the addition of the Restatement Date Originators under the Receivable Contribution and Sale Agreement, and that the Undertaking applies to the Guaranteed Obligations of the Restatement Date Originators with the same force and effect as it applied to the existing Originators.
[Signature Page Follows]
Very truly yours, | ||
JARDEN CORPORATION, as Performance Guarantor | ||
By: | /s/ John E. Capps | |
Name: | John E. Capps | |
Title: | Senior Vice President |
[Signature Page to Performance Undertaking Reaffirmation Letter]