WAIVER AND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 25th, 2007 • Atari Inc • Services-prepackaged software • New York
WAIVER AND AMENDMENT TO CREDIT AGREEMENT, dated as of October 23, 2007 (this “Amendment”), among ATARI, INC., a Delaware corporation, as borrower (the “Borrower”), the lenders party to the Credit Agreement referred to below (the “Lenders”), and BLUEBAY HIGH YIELD INVESTMENTS (LUXEMBOURG) S.A.R.L., as successor administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings given them in the Credit Agreement referred to below.
Guggenheim Corporate Funding, LLC, as Administrative Agent 135 East 57th Street 7th Floor New York, New York 10022 Attention: Tony Minella Re: Second Waiver under Credit Agreement (this “Waiver”) Ladies and Gentlemen:Credit Agreement • October 25th, 2007 • Atari Inc • Services-prepackaged software
We refer to the Credit Agreement dated as of November 3, 2006 (as amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”) among Atari, Inc. (the “Borrower”), the lenders party thereto (the “Lenders”) and Guggenheim Corporate Funding, LLC, in its capacity as administrative agent for the Lenders thereunder (the “Administrative Agent”). Capitalized terms used herein and not defined herein are used herein as defined in the Credit Agreement.
