NOTE AND TERM LOAN AGREEMENT REVISION AGREEMENT
THIS AGREEMENT, dated as of the 29th day of October, 1999,
made by and between GENAMERICA CORPORATION, a Missouri corporation, as First
Party; and ARM FINANCIAL GROUP, INC., a Delaware corporation, as Second Party;
WITNESS:
WHEREAS, First Party is the owner and holder of a certain promissory
Note executed by Second Party as maker, payable to First Party dated August 3,
1999 in the original principal sum of $38,000,000.00, said indebtedness being
further evidenced by a Term Loan Agreement, dated evenly with said Note.
WHEREAS, the parties hereto desire and intend by and through this
Agreement to effect a certain extension of the term of the said Note and Term
Loan Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein
contained, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and in furtherance of the
above-expressed ends and intents, it is hereby agreed upon between the parties
hereto as follows:
1. The maturity date of said Note, which date is also referenced
in said Term Loan Agreement, is hereby extended, and said Note
and Term Loan Agreement are hereby amended to provide that the
maturity date of said Note is November 15, 1999.
2. All provisions and/or recitals of said Note and Term Loan
Agreement contrary to or inconsistent with any provisions of
this Agreement are hereby deemed amended to comport with the
provisions of this Agreement; but all provisions and/or
recitals thereof not contrary to or inconsistent with any
provisions of this Agreement shall remain in full force and
effect without amendment hereby.
IN WITNESS WHEREOF, the parties hereto have executed this Note and Term
Loan Agreement Revision Agreement as of the date first herein entered.
FIRST PARTY:
GENAMERICA CORPORATION
By:/s/ Xxxxxxx X. XxXxxxxx
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Vice President/Authorized Representative
Attest:/s/ Xxxxxx X. Xxxxxxx
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Assistant Secretary
SEE PAGE 2 FOR ADDITIONAL SIGNATURES.
Page 2
SECOND PARTY:
ARM FINANCIAL GROUP, INC.
By:/s/ Xxxx XxXxxxxx
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Name: Xxxx XxXxxxxx
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Title: General Counsel
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Attest:/s/ Xxxxxxxx X. Xxxxxxx
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Name: Xxxxxxxx X. Xxxxxxx
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Title: Secretary
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STATE OF MISSOURI )
) SS
CITY OF ST. LOUIS )
On this 29th day of October, 1999, before me, the undersigned
Notary Public, personally appeared Xxxxxxx X. XxXxxxxx and Xxxxxx X.
Xxxxxxx, known personally by me and known to me to be, respectively, the Vice
President and Assistant Secretary of GenAmerica Corporation, a Missouri
corporation and who acknowledged under oath that they each executed the within
instrument in such respective capacities as the free act and deed of GenAmerica
Corporation.
/s/ Xxxxxxx X. Xxxxxxxxx
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Notary Public
My Commission Expires: XXXXXXX X. XXXXXXXXX
Notary Public - Notary Seal
STATE OF MISSOURI
ST. LOUIS COUNTY
MY COMMISSION EXP. JUNE 28, 0000
XXXXX XX Xxxxxxxx )
) SS
COUNTY OF Jefferson )
On this 1st day of November, 1999, before me, the undersigned
Notary Public, personally appeared Xxxx X XxXxxxxx and Xxxxx Xxxxxxx, known
personally by me and known to me to be respectively, the General Counsel and
Secretary of ARM Financial Group, Inc., a Delaware corporation, and who
acknowledged under oath that they executed the within instrument in such
respective capacities as the free act and deed of said corporation.
Xxxxxx X. Xxxxxxx, Notary Public /s/ Xxxxxx X. Xxxxxxx
State at Large, Kentucky -----------------------
My Commission Expires 4/7/2001 Notary Public
My Commission Expires:
