EXHIBIT 10.7.1
[Michigan]
FIRST AMENDMENT TO MORTGAGE
between
DAY INTERNATIONAL, INC., Mortgagor
and
SOCIETE GENERALE, as Administrative Agent, Mortgagee
DATED AS OF OCTOBER 19, 1999
AFTER RECORDING, PLEASE RETURN TO:
Xxxxxx X. Xxxxx, Esq.
XXXXXXX XXXXXXX & XXXXXXXX
(a partnership which includes
professional corporations)
000 Xxxxxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
FIRST AMENDMENT TO MORTGAGE
THIS FIRST AMENDMENT TO MORTGAGE, dated as of October 19, 1999, is made
between DAY INTERNATIONAL, INC., a Delaware corporation ("MORTGAGOR"), whose
address is c/o Day International Group, Inc., 000 Xxxx Xxxxxx Xxxxxx, Xxxxxx, XX
00000, and to SOCIETE GENERALE, whose address is 1221 Avenue of the Xxxxxxxx,
Xxx Xxxx, Xxx Xxxx 00000, as Administrative Agent (in such capacity,
"MORTGAGEE") for the several banks and other financial institutions (the
"LENDERS") from time to time parties to the Amended and Restated Senior Secured
Credit Agreement dated as of October 19, 1999, (as the same may be amended,
supplemented, waived or otherwise modified from time to time the "CREDIT
AGREEMENT") among XX Xxxxx Securities Corporation, as Arranger, Mortgagee, the
Lenders, and Day International Group, Inc. ("the BORROWER"). References to this
Mortgage shall mean this instrument and any and all renewals, modifications,
amendments, supplements, extensions, consolidations, substitutions, spreaders
and replacements of this instrument. References to this "AMENDMENT" shall mean
this instrument. Capitalized terms used and not otherwise defined herein shall
have the meanings assigned thereto in the Credit Agreement.
WITNESSETH
WHEREAS, the Mortgagor and Mortgagee have agreed to modify that
Mortgage dated as of January 16, 1998, recorded in the St. Xxxxxx County
Recorder's Office in Liber 820 Page 776 on January 27, 1998 (the "MORTGAGE") so
that it will (i) secure, among other things, an increase in the principal amount
of the Indebtedness secured under any contingency by that instrument and (ii)
reflect the new Maturity Date;
NOW THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Mortgagor and Mortgagee hereby agree as follows:
1. The Mortgage is amended by deleting the reference in the
opening paragraph to "333 Xxxx Xxxxx Xxxxxx, Xxxxxx, Xxxx 00000" and
substituting the following therefore: "130 Xxxx Xxxxxx Xxxxxx, Xxxxxx, XX
00000".
2. The Mortgage is amended by deleting the reference in the
opening paragraph to "the Senior Secured Credit Agreement dated as January 16,
1998 (as the same may be amended, supplemented, waived or otherwise modified
from time to time the "CREDIT AGREEMENT") among Societe Generale Securities
Corporation, as Arranger, Mortgagee, the Lenders, and Day International Group,
Inc. ("xxx XXXXXXXX")" and substituting the following therefor:
2
"the Senior Secured Credit Agreement dated as of January 15, 1998 among
Societe Generale Securities Corporation, as Arranger, Mortgagee, the
Lenders, and Day International Group, Inc. ("the BORROWER"), as amended
and restated pursuant to the Amended and Restated Senior Secured Credit
Agreement dated as of October 19, 1999 among XX Xxxxx Securities
Corporation (successor in interest to Societe Generale Securities
Corporation), as Arranger, Mortgagee, the Lenders, and the Borrower (as
the same may be further amended, supplemented, waived or otherwise
modified from time to time the "CREDIT AGREEMENT")."
This Amendment has been duly executed by the undersigned on the date
first above written.
Signed, sealed and DAY INTERNATIONAL, INC.
delivered in the
presence of By: /s/ Xxxxxx X. Xxxxxxx
---------------------------
Name: XXXXXX X. XXXXXXX
Title: PRESIDENT
/s/ Xxxxxx X. Xxxxx
------------------------------------
Witness Name: Xxxxxx X. Xxxxx Attest:
By: /s/ [ILLEGIBLE]
---------------------------
Name: [ILLEGIBLE]
Title: VICE PRESIDENT
/s/ Xxxxxx X. Xxxxxx
------------------------------------
Witness Name: Xxxxxx X. Xxxxxx
Signed, sealed and SOCIETE GENERALE
delivered in the
presence of By: /s/ Xxxx X. Xxxxx
---------------------------
Name: XXXX X. XXXXX
Title: Director
/s/ [ILLEGIBLE]
-------------------------------------
Witness Name: [ILLEGIBLE] Attest:
By: /s/ Xxxxxx X. Xxxxx
---------------------------
Name: Xxxxxx X. Xxxxx
Title: Agent
/s/ [ILLEGIBLE]
-------------------------------------
Witness Name: [ILLEGIBLE]
