THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 9th, 2010 • Harry & David Holdings, Inc. • Retail-retail stores, nec • New York
This CREDIT AGREEMENT (this “Agreement”), dated as of March 20, 2006 (as amended by the First Amendment dated as of June 21, 2007 (the “First Amendment Effective Date”), the Consent and Second Amendment dated as of August 8, 2008 (the “Second Amendment Effective Date”) and the Third Amendment dated as of July 7, 2010 (the “Third Amendment Effective Date”)), is entered into by and among HARRY AND DAVID, an Oregon corporation (“Borrower”), HARRY & DAVID HOLDINGS, INC., a Delaware corporation (“Holdings”), the other Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC, as lead arranger (in such capacity, “Arranger”), UBS LOAN FINANCE LLC, as a Lender and as swingline lender (in such capacity, “Swingline Lender”), UBS AG, STAMFORD BRANCH (“UBS AG”), as issuing bank (in such capacity, “Issuing Bank”), as the administrative collateral agent (in such capacity, the “Administrative Collate
