FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 3rd, 2008 • Herbalife Ltd. • Wholesale-drugs, proprietaries & druggists' sundries • New York
Contract Type FiledNovember 3rd, 2008 Company Industry JurisdictionFIFTH AMENDMENT TO CREDIT AGREEMENT, dated as of September 25, 2008 (this “Amendment”), among Herbalife International, Inc., a Nevada corporation (“Borrower”), Herbalife Ltd., a Cayman Islands exempted company with limited liability (“Holdings”), and the other guarantors identified as such on the signature pages hereto (together with Borrower and Holdings, the “Loan Parties”), the Lenders signatory hereto and Merrill Lynch Capital Corporation (“MLCC”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), in connection with that certain Credit Agreement, dated as of July 21, 2006, as amended by that certain First Amendment to Credit Agreement, dated as of June 21, 2007, that certain Second Amendment to Credit Agreement, dated as of September 17, 2007, that certain Third Amendment to Credit Agreement, dated as of November 30, 2007 and that certain Fourth Amendment to Credit Agreement, dated as of February 21, 2008 (as further amended, restated, suppleme