JARDEN CORPORATION
Exhibit 10.6
EXECUTION VERSION
JARDEN CORPORATION
000 XXXXXXXX XXXXX XXXXXX
XXXXX X-000
XXX, XXX XXXX 00000
August 8, 2007
SunTrust Xxxxxxxx Xxxxxxxx, Inc.
00xx Xxxxx, XX0000
000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxx 00000
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 XXXXXXXX XXXXXXXX, 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 Jarden’s 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/ Xxxx X. Xxxxx | |
Name: | Xxxx X. Xxxxx | |
Title: | Senior Vice President |
[Signature Page to Performance Undertaking Reaffirmation Letter]