(EXHIBIT 10.40)
[Imperial Bank Letterhead]
September 29, 1995
Mr. Xxxxxx Xxxxxxx
The Xxxxxxx Xxxxx Company
00000 Xxxxxxxx Xxxxxxxxx
Xxx Xxxxxxx, XX 00000
Re: Third Amended and Restated Credit Agreement among Xxxxxxx-Xxxxx Company and
Imperial Bank, dated as of February 9, 1990, as amended and restated as of
December 14, 1990, as of May 1, 1992 and as of August 31, 1993 as
heretofore amended (the "Credit Agreement")
-------------------------------------------
Dear Xx. Xxxxxxx:
All capitalized terms used herein and not otherwise defined herein shall
have the meanings given them in the Credit Agreement.
You have requested that the Maturity Date of the Credit Agreement be
extended until December 29, 1995.
Imperial Bank, in its capacity as Agent for the Lenders under the Credit
Agreement and as a Lender, hereby consents to such an extension, thereby
amending the Credit Agreement so that the definition of Maturity Date appearing
therein is deleted in its entirety and replaced with the following:
"Maturity Date shall mean December 29, 1995."
Except to the extent expressly set forth herein, this letter agreement does
not constitute a modification or amendment of any other provision of the Credit
Agreement. Except as expressly amended herein, all terms of the Credit
Agreement remain in full force and effect. In addition, the modification
contained herein is without prejudice to the Lender's or Agent's rights to
enforce all other terms and conditions of the Credit Agreement and shall not be
construed as entitling the Borrower to any future modification or amendment with
respect to the same or other matters.
If you agree to this extension, please execute the enclosed copy of this
letter. Please return the executed copy along with the $37,500 fee for the 90-
day extension (pro rata 1% loan fee) no later than 4 p.m. today to become
effective.
Very truly yours,
IMPERIAL BANK
individually and as Agent
By: [Signature of Xxxxxx Xxxxxxxxx]
----------------------------------------
Xxxxxx Xxxxxxxxx
Vice President
AGREED TO BY:
THE XXXXXXX XXXXX COMPANY
By: [Signature of Xxxxxx Xxxxxxx]
---------------------------------------
Name:
Title:
