FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 3rd, 2003 • Poore Brothers Inc • Miscellaneous food preparations & kindred products
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of September 27, 2003 by and among POORE BROTHERS, INC., a Delaware corporation (“PBI”) (including POORE BROTHERS ARIZONA, INC., formerly an Arizona corporation (“PBAI”) and POORE BROTHERS DISTRIBUTING, INC., formerly an Arizona corporation (“PBDI”), both of which are now merged with and into PBI by operation of merger under Delaware and Arizona law), TEJAS PB DISTRIBUTING, INC., an Arizona corporation (“Tejas”), POORE BROTHERS - BLUFFTON, LLC (formerly known as Wabash Foods, LLC (“Wabash”)), a Delaware limited liability company (“PBB”), BOULDER NATURAL FOODS, INC., an Arizona corporation (“Boulder”), and BN FOODS, INC., a Colorado corporation (“BNF”) (PBI, Tejas, PBB, Boulder and BNF each a “Borrower” and collectively the “Borrower” or the “Borrowers”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, successor in interest to U.S. BANCORP REPUBLIC COMMERCIAL FINANCE, INC., a Minn
