ContractCredit Agreement • November 7th, 2003 • Middleby Corp • Refrigeration & service industry machinery • Illinois
Exhibit 4.1 FIRST AMENDMENT THIS FIRST AMENDMENT dated as of October 31, 2003 (this “Amendment”) amends the Amended and Restated Credit Agreement dated as of December 21, 2002 (the “Credit Agreement”) among The Middleby Corporation (the “Parent”), Middleby Marshall Inc. (the “Company”), various financial institutions (the “Lenders”) and Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms defined in the Credit Agreement are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein. WHEREAS, the parties hereto desire to amend the Credit Agreement as more fully set forth herein; NOW, THEREFORE, the parties hereto agree as follows: SECTION 1 Amendments. Subject to the satisfaction of the conditions precedent set forth in Section 3, the Credit Agreement is amended as set forth below in this Section 1. 1.1 Deletion of Definition. The definition of "Excess Cash Flow" is deleted. 1.2 Definitio
