Exhibit 10(i)A(18)
AMENDMENT #3 TO CREDIT AND
SECURITY AGREEMENT
THIS AMENDMENT,
dated as of September 29, 2005
(this “Amendment” ), is entered into by
and among (a) Acuity Enterprise, inc., a Delaware corporation,
and Acuity Unlimited, Inc., a Delaware corporation, as Borrowers,
(b) Acuity Specialty Products Group, Inc., a Delaware
corporation, and Acuity Lighting Group, Inc., a Delaware
corporation, as initial Servicers, (c) Blue Ridge Asset
Funding Corporation, a Delaware corporation, and (d) Wachovia
Bank, National Association, individually and as agent (in such
agency capacity, together with its successors and assigns in such
capacity, the “Agent” ), and pertains to
the credit and security agreement dated as of september 2,
2003 among the parties hereto, as amended (the
“Existing Agreement” ). Unless defined
elsewhere herein, capitalized terms used in this Amendment shall
have the meanings assigned thereto in the Existing
Agreement.
PRELIMINARY
STATEMENT
Each of the parties desires to amend
the Existing Agreement on the terms and subject to the conditions
hereinafter set forth.
NOW, THEREFORE,
for good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Amendment . The following
definition in Exhibit I to the Existing Agreement is hereby amended
and restated in its entirety to read as follows:
“Amortization
Date” means the
earliest to occur of (i) the Business Day immediately prior to
the occurrence of an Event of Bankruptcy with respect to any Loan
Party, (ii) the Business Day specified in a written notice
from the Agent following the occurrence and during the
continuati
