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GMCR » Topics » CONDITIONS PRECEDENT

This excerpt taken from the GMCR 10-K filed Dec 11, 2008.

CONDITIONS PRECEDENT

The obligation of the Agent and the Lenders to make the foregoing amendment to the Credit Agreement is subject to the fulfillment of the following conditions precedent:

(a) The Borrower shall have executed and delivered (or caused to be delivered) to the Agent originals of this Amendment No. 1, which shall be in form and substance satisfactory to the Agent;

(b) Each Lender who is a signatory to this Amendment shall have received an amendment fee from the Borrower in an amount equal to 5 basis points multiplied by such Lender’s Commitment amount; and

(c) The Agent and the Required Lenders shall have executed this Amendment No. 1.

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