As referenced in this Business Loan Agreement:
COMERICA BANK, – THIRD MODIFICATION TO
BUSINESS LOAN AGREEMENT
This Third Modification to Business Loan Agreement (this Modification) is entered into by and between MONTEREY GOURMET FOODS, INC., a Delaware corporation (Borrower) and COMERICA BANK, successor by merger to Comerica Bank-California (Bank), whose Western Division headquarters is located at 333 West Santa Clara Street, San Jose, California as of January 5, 2005.
RECITALS
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Comerica Bank- – This Third Modification to Business Loan Agreement (this Modification) is entered into by and between MONTEREY GOURMET FOODS, INC., a Delaware corporation (Borrower) and COMERICA BANK, successor by merger to Comerica Bank- California (Bank), whose Western Division headquarters is located at 333 West Santa Clara Street, San Jose, California as of January 5, 2005.
RECITALS
This Modification is entered into upon the
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Comerica Bank- – set forth in the initial paragraph of the Agreement, and each subsequent reference thereto hereby is deleted and replaced with Monterey Gourmet Foods, Inc. mutatis, mutandis.
(b) The reference to Comerica Bank- California set forth in the initial paragraph of the Agreement, and each subsequent reference thereto hereby is deleted and replaced with Comerica Bank mutatis, mutandis.
(c) The initial sentence of
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Comerica Bank – Inc. mutatis, mutandis.
(b) The reference to Comerica Bank-California set forth in the initial paragraph of the Agreement, and each subsequent reference thereto hereby is deleted and replaced with Comerica Bank mutatis, mutandis.
(c) The initial sentence of Subsection 6. (a) of the of the Agreement hereby is deleted in its entirety and replaced with the following (for the avoidance of
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COMERICA BANK
– an original, but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties have agreed as of the date first set forth above.
MONTEREY GOURMET FOODS, INC.
COMERICA BANK
(Borrower)
(Bank)
By:
/s/ James M. Williams
By:
/s/ Brian C. Santos
Name:
James M. Williams
Name:
Brian C. Santos
Title:
Chief Executive Officer
Title:
Senior Vice President - Western
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dt 1424490