FOURTH AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS AND CONSENTFourth Amendment to Certain Operative Agreements and Consent • November 12th, 2002 • Performance Food Group Co • Wholesale-groceries, general line • Maryland
Contract Type FiledNovember 12th, 2002 Company Industry JurisdictionTHIS FOURTH AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS AND CONSENT dated as of November 12, 2001 (this "Amendment") is by and among PERFORMANCE FOOD GROUP COMPANY, a Tennessee corporation (the "Lessee" or the "Construction Agent"); WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION (as successor to First Security Bank, National Association), a national banking association, not individually (in its individual capacity, the "Trust Company"), but solely as the Owner Trustee under the PFG Real Estate Trust 1997-1 (the "Owner Trustee", the "Borrower" or the "Lessor"); the various banks and other lending institutions which are parties hereto from time to time as lenders (subject to the definition of Lenders in Appendix A to the Participation Agreement (hereinafter defined), individually, a "Lender" and collectively, the "Lenders"); FIRST UNION NATIONAL BANK, a national banking association ("First Union"), as the agent for the Lenders and respecting the Security Documents, as the agent for the L