DEUTSCHE BANK TRUST COMPANY AMERICAS 60 WALL STREET NEW YORK, NEW YORK 10005 May 8, 2008
Exhibit 10.2
DEUTSCHE BANK TRUST COMPANY AMERICAS
00 XXXX XXXXXX
XXX XXXX, XXX XXXX 00000
00 XXXX XXXXXX
XXX XXXX, XXX XXXX 00000
May 8, 2008
Xxxxxxx, Inc.
1041 000 Xxxxxxxxx Xxxxxx Xxxxx
Xxxx Xxxx, Xxxxx Xxxxxxxx 00000
Attention: Chief Financial Officer
and Treasurer and Chief Accounting Officer
1041 000 Xxxxxxxxx Xxxxxx Xxxxx
Xxxx Xxxx, Xxxxx Xxxxxxxx 00000
Attention: Chief Financial Officer
and Treasurer and Chief Accounting Officer
Re: Xxxxxxx, Inc. Credit Agreement dated as of February 27, 2008
Reference is hereby made to that certain Credit Agreement, dated as of February 27, 2008, by
and among Xxxxxxx, Inc. (the “Funds Administrator”) and the other Borrowers party thereto,
as debtors and debtors in possession, as Borrowers, the Lenders from time to time party thereto,
Deutsche Bank Trust Company Americas, as Administrative Agent (in such capacity, the
“Administrative Agent”) and Collateral Agent, and the other agents signatory thereto (as
amended, restated, supplemented, or otherwise modified from time to time, the “Credit
Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the
meanings assigned to such terms in the Credit Agreement.
The undersigned Administrative Agent, on behalf of the Majority Lenders, hereby consents to
the Funds Administrator’s request that Section 9.1(i)(xvi) of the Credit Agreement be modified by
replacing the text “within 90 days after the Petition Date” therein with the text “on or before
May 29, 2008”. Except as expressly amended hereby, the Credit Agreement continues in full force
and effect and the amendment set forth above shall be limited precisely as written.
[signature page follows]
Very truly yours, | ||||||
DEUTSCHE BANK TRUST COMPANY | ||||||
AMERICAS, as Administrative Agent | ||||||
By: | /s/ Xxxxxxxxxx Xxxxxx
|
|||||
Title: | Director | |||||
By: | /s/ Xxxxxxx Xxxxxxxx
|
|||||
Title: | Vice President |
Acknowledged and agreed as of | ||||
This 8 day of May, 2008 | ||||
XXXXXXX, INC. | ||||
By:
|
/s/ Xxxxx X. Xxxxxxxx | |||
Title:
|
Chief Financial Officer |
Signature Page to Consent