Exhibit 10.28
EXECUTION VERSION
THIS FIRST AMENDMENT AGREEMENT is dated as of the 21st day of December, 2007.
B E T W E E N:
WASTE MANAGEMENT OF CANADA CORPORATION
a Nova Scotia unlimited liability company
AS BORROWER
- and -
THE GUARANTORS FROM TIME TO TIME PARTY
TO THE CREDIT AGREEMENT
AS GUARANTORS
- and -
THE LENDERS FROM TIME TO TIME PARTY
TO THE CREDIT AGREEMENT
AS LENDERS
- and -
THE BANK OF NOVA SCOTIA
a bank to which the Bank Act (Canada) applies,
in its capacity as administrative agent hereunder
AS ADMINISTRATIVE AGENT
RECITALS:
NOW THEREFORE in consideration of the premises and for other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, and intending to be legally bound hereby, the parties
agree as follows:
FIRST AMENDMENT AGREEMENT
- 2 -
Section 1 – Amendment to Definitions
(a) The following provision is added as Section 1.1.45.1:
(b) Section 1.1.59 of the Existing Credit Agreement is deleted and replaced with the following provision:
A. The Borrower, the Guarantors, the Agent and the Lenders are parties to a Credit Agreement dated as of 30
November 2005 (the “ Existing Credit Agreement ”).
B. The Borrower and the Lenders have agreed to certain amendments to the terms and conditions in the Existing
Credit Agreement and the parties are entering into this First Amendment Agreement to give effect thereto and
to the other matters set forth herein.
1.1.45.1 " First Amendment Agreement ” means the first amendment agreement to this Agreement dated as
of December 21, 2007.
Exhibit 10.28
EXECUTION VERSION
THIS FIRST AMENDMENT AGREEMENT is dated as of the 21st day of December, 2007.
B E T W E E N:
WASTE MANAGEMENT OF CANADA CORPORATION
a Nova Scotia unlimited liability company
AS BORROWER
- and -
THE GUARANTORS FROM TIME TO TIME PARTY
TO THE CREDIT AGREEMENT
AS GUARANTORS
- and -
THE LENDERS FROM TIME TO TIME PARTY
TO THE CREDIT AGREEMENT