EXHIBIT 10.1
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BANK OF AMERICA AMENDMENT TO DOCUMENTS
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AMENDMENT NO. 1 TO BUSINESS LOAN AGREEMENT
This Amendment No. 1 (the "Amendment") dated as of May 8, 1997, is
between Bank of America National Trust and Savings Association (the "Bank")
and DURA PHARMACEUTICALS, INC. (the "Borrower").
RECITALS
A. The Bank and the Borrower entered into a certain Business Loan
Agreement dated as of April 14, 1997 (the "Agreement").
B. The Bank and the Borrower desire to amend the Agreement.
AGREEMENT
1. DEFINITIONS. Capitalized terms used but not defined in this
Amendment shall have the meaning given to them in the Agreement.
2. AMENDMENTS. The Agreement is hereby amended as follows:
2.1 In Subparagraph 6.2(d) of the Agreement, the form of the compliance
certificate required is amended in its entirety as set forth in the
compliance certificate attached hereto.
2.2 In Subparagraph 6.3(a) of the Agreement, the amount "One Hundred Thirty
Million Dollars ($130,000,000)" is substituted for the amount "Two Hundred
Million Dollars ($200,000,000)."
2.3 In Subparagraph 6.3(b)(i)(A) of the Agreement, the amount "One Hundred
Eighty Million Dollars ($180,000,000)" is substituted for the amount "Two
Hundred Fifty Million Dollars ($250,000,000)."
2.4 Subparagraph 6.3(b)(ii)(B) is amended to read in its entirety as follows:
"(B) The amount of purchases of intangible assets up to a maximum of Fifty
Million Dollars ($50,000,000), excluding intangible assets related
to the Borrower's acquisition of Nasarel and Nasalide."
3. EFFECT OF AMENDMENT. Except as provided in this Amendment, all of
the terms and conditions of the Agreement shall remain in full force and
effect.
This Amendment is executed as of the date stated at the beginning of
this Amendment.
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BANK OF AMERICA
NATIONAL TRUST AND SAVINGS ASSOCIATION
X /s/ Xxxxx X. Xxxxxxx
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BY: XXXXX X. XXXXXXX
TITLE: VICE PRESIDENT
DURA PHARMACEUTICALS, INC.
X /s/ Xxxxx X. Xxxxxx
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BY: XXXXX X. XXXXXX
TITLE: SR. V.P. FINANCE & ADMIN., CFO
X /s/ Xxxx Xxxx
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BY: XXXX XXXX
TITLE: V.P. FINANCE
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