0001169232-05-005391 Sample Contracts

THIRD AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT AND WAIVER
Term Loan and Security Agreement • November 15th, 2005 • Easy Gardener Products LTD • Agricultural chemicals

THIS THIRD AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of this 19th day of October 20, 2005, by and among EASY GARDENER PRODUCTS, LTD., a Texas limited partnership (the “Borrower”), EYAS INTERNATIONAL, INC., a Texas corporation, EG, L.L.C., a Nevada limited liability company, E G PRODUCT MANAGEMENT, L.L.C., a Texas limited liability company, WEATHERLY CONSUMER PRODUCTS GROUP, INC., a Delaware corporation, WEATHERLY CONSUMER PRODUCTS, INC., a Delaware corporation, and NBU GROUP, LLC, a Texas limited liability company (each a “Guarantor” and collectively the “Guarantors”; and collectively with the Borrower, the “Credit Parties”), the Lenders (as defined in the Loan Agreement defined below) and CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (the “Agent”), as agent for itself and on behalf of the Lenders.

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WAIVER AND AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 15th, 2005 • Easy Gardener Products LTD • Agricultural chemicals

This Waiver and Amendment No. 3 to Loan and Security Agreement (this “Amendment”) dated as of October 20, 2005, by and among LaSalle Business Credit, LLC, for itself, as a lender, and as Agent (“Agent”) for the lenders (“Lenders”) from time to time party to the Loan Agreement (as defined below), the Lenders party hereto, Easy Gardener Products, Ltd., a Texas limited Partnership (“Borrower”), EYAS International, Inc., a Texas corporation (“EYAS”), E G Product Management, L.L.C., a Texas limited liability company (“E G Product”), E G, L.L.C., a Nevada limited liability company (“E G”), Weatherly Consumer Products Group, Inc., a Delaware corporation (“WCP Group”), Weatherly Consumer Products, Inc., a Delaware corporation (“WCP”), and NBU Group, LLC, a Texas limited liability company (“NBU”; Borrower, EYAS, E G Product, E G, WCP Group, WCP and NBU are collectively referred to herein as the “Credit Parties” and each individually as a “Credit Party”).

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