This excerpt taken from the FL 8-K filed May 21, 2008.
Existing Guarantee Agreement) among The Bank of New York as administrative agent thereunder and the Subsidiary Guarantors party thereto.
W I T N E S S E T H :
WHEREAS, pursuant to the Existing Credit Agreement (as defined in the Credit Agreement referred to below), certain Subsidiaries of the Company were required to enter into the Existing Guarantee Agreement; and
WHEREAS, it is a condition to the effectiveness of the Sixth Amended and Restated Credit Agreement dated as of May 15, 2008 (as amended, supplemented, amended and restated or otherwise modified from time to time, the Credit Agreement), among the Company, the Subsidiaries of the Company party thereto, the banks from time to time party thereto (the