0001193125-04-033101 Sample Contracts

Extension of Waiver and Ninth Amendment
Credit and Guarantee Agreement • March 2nd, 2004 • Bush Industries Inc • Wood household furniture, (no upholstered) • New York

This Extension of Waiver and Ninth Amendment, dated as of March 1, 2004 (this “Agreement”), is made in respect of the Credit and Guarantee Agreement, dated as of June 26, 1997 (as amended and in effect, the “Credit Agreement”), among Bush Industries, Inc., a Delaware corporation (the “Company”), each Foreign Subsidiary Borrower (as defined in the Credit Agreement) (together with the Company, the “Borrowers”), the several banks and other lenders from time to time parties thereto (the “Lenders”) and JPMorgan Chase Bank, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). The Credit Agreement was previously amended by the First through Eighth Amendments thereto among the Borrowers, the Lenders and the Administrative Agent.

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