BANK OF MONTREAL 115 S. LaSalle Street Chicago, Illinois 60603Receivables Purchase Agreement • January 9th, 2001 • Imperial Sugar Co /New/ • Sugar & confectionery products
We refer to the Receivables Purchase Agreement dated as of June 30, 1999, as amended by Amendment No. 1 dated as of December 13, 1999, as amended by Amendment No. 2 dated as of March 27, 2000 (as amended through the date hereof and as amended, restated and otherwise modified from time to time the "Receivables Purchase Agreement"), among Imperial Securitization Corporation, as seller (the "Seller") Imperial Distributing, Inc., as servicer ("IDI"), Imperial Sugar Company, as guarantor ("Imperial"), Fairway Finance Corporation, as purchaser (the "Purchaser") and BMO Nesbitt Burns Corp. (formerly known as Nesbitt Burns Securities Inc.), as agent for the Purchaser, (the "Agent"). Capitalized terms used but not otherwise defined herein have the meanings ascribed thereto in Exhibit I to the Receivables Purchase Agreement.
IMPERIAL SUGAR COMPANYInterim Waiver Agreement • January 9th, 2001 • Imperial Sugar Co /New/ • Sugar & confectionery products
We refer to the Interim Waiver Agreement between us dated as of September 30, 2000 (the "Interim Waiver Agreement"), capitalized terms used without definition below to have the meanings ascribed to them in the Interim Waiver Agreement. Upon receipt by the Administrative Agent of counterparts hereof which, taken together, bear the signatures of the Borrower, the Subsidiary Guarantors, the Requisite Restructuring Lenders and the Majority Revolving Credit Facility Lenders, the Interim Waiver Agreement shall be amended by (i) striking the date "January 8, 2001" wherever such date appears therein other than in Section 5 thereof and substituting the date "January 14, 2001" therefor and (ii) Section 5 of the Interim Waiver Agreement shall not be applicable after January 8, 2001. Except as specifically amended hereby all of the terms, conditions and provisions of the Interim Waiver Agreement shall stand and remain unchanged and in full force and effect. No reference to this First Amendment to
