FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 6th, 2012 • Imperial Sugar Co /New/ • Sugar & confectionery products • Texas
Notwithstanding the foregoing, from December 29, 2011, through December 31, 2011, margins shall be determined as if Level IV were applicable. Thereafter, the margins shall be subject to increase or decrease upon receipt by Agent pursuant to Section 10.1.2 of the financial statements and corresponding Compliance Certificate for the last calendar month, which change shall be effective on the first day of the calendar month following receipt. If, by the first day of a month, any financial statement or Compliance Certificate due in the preceding month has not been received, then, at the option of Agent or Required Lenders, the margins shall be determined as if Level IV were applicable, from such day until the first day of the calendar month following actual receipt. Notwithstanding anything to the contrary set forth in the table above, at all times after December 31, 2011, and from and after the initial date (if any) when (a) no Event of Default has occurred and is continuing and (b) the s
