TO SUE
IN ANY OTHER JURISDICTION; AND
-8-
(E)
WAIVES, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ANY RIGHT IT
MAY HAVE TO CLAIM OR RECOVER IN ANY LEGAL ACTION OR PROCEEDING REFERRED TO IN
THIS SECTION 7 ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.
EACH CREDIT PARTY AND EACH LENDER AND AGENT IRREVOCABLY AND UNCONDITIONALLY
WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS
AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
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-9-
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their respective officers thereunto duly authorized, as of the date first
above written.
BIG HEART PET BRANDS,
as Borrower
By:
/s/ Larry E. Bodner
Name:
Larry E. Bodner
Title:
Executive Vice President,
Chief Financial Officer and Treasurer
BLUE ACQUISITION GROUP, INC.,
as Holdings
By:
/s/ Larry E. Bodner
Name:
Larry E. Bodner
Title:
Executive Vice President,
Chief Financial Officer and Treasurer
[Amendment No. 2]
JPMORGAN CHASE BANK, N.A.,
as Administrative Agent, Collateral Agent and Lender
By:
/s/ Tony Yung
Name:
Tony Yung
Title:
Executive Director
-2-