SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • October 3rd, 2008 • Westaff Inc • Services-help supply services • California
THIS SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT (this “Agreement”), dated as of September 30, 2008, is entered into by and among the financial institutions identified on the signature pages hereto (collectively, the “Lenders”), U.S. Bank National Association, as administrative agent for the Lenders (in such capacity, the “Agent”), Westaff (USA), Inc., a California corporation (the “Borrower”), and Westaff, Inc., a Delaware corporation and the sole shareholder of the Borrower, as parent guarantor (the “Parent Guarantor”), with reference to the following facts:
