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EXHIBIT 10.4
FIRST AMENDMENT TO MORTGAGE LOAN AGREEMENT
THIS FIRST AMENDMENT TO MORTGAGE LOAN AGREEMENT (the "First Amendment") is
entered into effective as of the 30th day of June, 1998 by PRECISION RESPONSE
CORPORATION (as "Borrower"), and NATIONSBANK, N.A., as Bank under that certain
Mortgage Loan Agreement dated May 29, 1998 ("NationsBank").
W I T N E S S E T H:
WHEREAS, that certain Mortgage Loan Agreement (the "Loan Agreement") was
executed as of May 29, 1998 by Borrower and NationsBank; and
WHEREAS, the parties desire to modify the Loan Agreement as set forth
herein.
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, the parties do hereby modify the Loan Agreement as follows:
1. Section 5.03 is hereby modified in its entirety to read as follows:
Section 5.03 Fixed Charge Coverage Ratio. Permit the ratio of (a) the
sum of EBITDA for any Four-Quarter Period plus Rents Expense for such
Four-Quarter Period to (b) the sum of interest expense for such Four-Quarter
Period plus Rents Expense for such Four-Quarter Period plus income tax expense
for such Four-Quarter Period plus 20% of Funded Debt (but excluding the Loan)
outstanding as of the last day of the applicable Four-Quarter Period plus the
current maturities of the Loan to be less than 2.00 to 1.00 as of the last day
of each Four-Quarter Period.
2. Except as expressly modified herein, the Loan Agreement is hereby
reaffirmed in its entirety.
PRECISION RESPONSE CORPORATION,
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
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Title: Vice President and Treasurer
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NATIONSBANK, N.A.
By: /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxxxx X. Xxxxxx
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Title: Senior Vice President
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COMMONWEALTH OF THE BAHAMAS )
)
OF NEW PROVIDENCE )
The foregoing instrument was acknowledged before me this 12th day of
August, 1998 by Xxxxxx X. Xxxxxx, as Vice President and Treasurer of Precision
Response Corporation, a Florida corporation, who [ ] or [ ] has produced
Passport #000000000 as identification.
(Seal)
/s/ X. Xxxxxxxx
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Notary Public
My commission expires: 31/12/98
COMMONWEALTH OF THE BAHAMAS )
)
OF NEW PROVIDENCE )
The foregoing instrument was acknowledged before me this 12th day of
August, 1998 by Xxxxxxx X. Xxxxxx, as Vice President of NationsBank N.A., a
national banking association, who [ ] or [ ] has produced Passport #0452785281
as identification.
(Seal)
/s/ X. Xxxxxxxx
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Notary Public
My commission expires: 31/12/98
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