0000950134-05-000366 Sample Contracts

Amendment No. 5 to Fourth Amended and Restated Receivables Purchase Agreement and Reaffirmation of Performance Undertakings
Receivables Purchase Agreement • January 7th, 2005 • Dean Foods Co/ • Ice cream & frozen desserts • Illinois

This Amendment No. 5 to Fourth Amended and Restated Receivables Purchase Agreement and Reaffirmation of Performance Undertakings (this “Amendment”) is entered into as of January 3, 2005, among Dairy Group Receivables, L.P. (“Dairy I”), Dairy Group Receivables II, L.P. (“Dairy II”), Specialty Group Receivables, L.P. (“Specialty”), Dean National Brand Group, L.P. (“National Brand” and together with Dairy I, Dairy II and Specialty, the “Sellers” and each a “Seller”), each entity signatory hereto as an Additional Servicer (each an “Additional Servicer” and collectively, the “Additional Servicers”), each entity signatory hereto as a Financial Institution (each a “Financial Institution” and collectively, the “Financial Institutions”), each entity signatory hereto as a Company (each a “Company” and collectively, the “Companies”), JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as Agent (the “Agent”), and Dean Foods Company, as Provider (“Provider”). Capi

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