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EXHIBIT 10.37
AMENDED AND RESTATED REVOLVING CREDIT
AGREEMENT
Dated as of May 5, 1997
among
WESTERN DIGITAL CORPORATION,
NATIONSBANK OF TEXAS, N.A.,
BANKBOSTON, N.A.
(f/k/a The First National Bank of Boston)
and the other lending institutions listed on Schedule 1 hereto
and
NATIONSBANK OF TEXAS, N.A.
as Syndication Agent
and
BANKBOSTON, N.A.
(f/k/a The First National Bank of Boston)
as
Administrative Agent
with
BANCBOSTON SECURITIES INC.
and
NATIONSBANC CAPITAL MARKETS, INC.
having acted as arrangers for this transaction
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AMENDED AND RESTATED REVOLVING CREDIT
AGREEMENT
This AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT is made as of May 5,
1997, by and among (a) WESTERN DIGITAL CORPORATION (the "Borrower"), a Delaware
corporation having its principal place of business at 0000 Xxxxxx Xxxxxx Xxxxx,
Xxxxxx, Xxxxxxxxxx 00000, (b) NATIONSBANK OF TEXAS, N.A., BANKBOSTON, N.A.
(f/k/a The First National Bank of Boston), and the other lending institutions
listed on Schedule 1 hereto, (c) NATIONSBANK OF TEXAS, N.A., as syndication
agent for the Banks (as hereinafter defined)(the "Syndication Agent") and (d)
BANKBOSTON, N.A. (f/k/a The First National Bank of Boston) as administrative
agent for the Banks (the "Agent" and, collectively with the Syndication Agent,
the "Bank Agents").
WHEREAS, pursuant to a Revolving Credit Agreement dated as of April 24,
1996 (as amended and in effect from time to time, the "Original Credit
Agreement"), by and among the Borrower, certain of the Banks (as hereinafter
defined) and the Bank Agents, the Banks party thereto made revolving credit
loans and other extensions of credit to the Borrower for general corporate and
working capital purposes; and
WHEREAS, the Borrower has requested, among other things, to amend and
restate the Original Credit Agreement on the terms and conditions set forth
herein and the Banks are willing to amend and restate the Original Credit
Agreement on the terms and conditions set forth herein;
NOW, THEREFORE, the Borrower, the Banks and the Bank Agents agree that on
the Closing Date the Original Credit Agreement is hereby amended and restated
and shall remain in full force and effect only as set forth herein.
1. DEFINITIONS AND RULES OF INTERPRETATION.
1.1. DEFINITIONS. The terms set forth in Section 1.1 of the Original
Credit Agreement shall be incorporated by reference herein and shall have the
same effect in this Credit Agreement as if each such term was set forth verbatim
herein, and shall survive the termination, amended and restatement of the
Original Credit Agreement, provided, that the definitions of "Applicable Margin"
and "Revolving Credit Loan Maturity Date" contained therein shall each be
deleted in its entirety and restated as follows:
Applicable Margin. For each period commencing on an Adjustment Date
through the date immediately preceding the next Adjustment Date (each a "Rate
Adjustment Period"), the Applicable Margin shall be the applicable margin set
forth below with respect to the Borrower's Fixed Charge Coverage Ratio as
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determined for the fiscal period of the Borrower ending on the fiscal quarter
ended immediately preceding the applicable Rate Adjustment Period.
BASE RATE EURODOLLAR COMMITMENT LETTER OF
FIXED CHARGE COVERAGE LOANS RATE LOANS FEE RATE CREDIT FEES
RATIO (BASIS POINTS) (BASIS POINTS) (BASIS POINTS) (BASIS POINTS)
------------------------ -------------- -------------- -------------- --------------
Less than 3.00:1.00 0 87.5 25 87.5
Greater than or equal to
3.00:1.00, but less than 0 65 22.5 65
4.00:1.00
Greater than or equal to 0 47.5 17.5 47.5
4.00:1.00, but less than
5.50:1.00
Greater than or equal to 0 40 15 40
5.50:1.00
Notwithstanding the foregoing, (a) for Revolving Credit Loans outstanding
and Letter of Credit Fees and the Commitment Fee Rate payable during the period
commencing on the Closing Date through the date immediately preceding the first
Adjustment Date to occur after March 31, 1997, the Applicable Margin shall be
the lowest Applicable Margin set forth above, and (b) if the Borrower fails to
deliver any Compliance Certificate when required by Section 8.4(c) hereof then,
for the period commencing on the next Adjustment Date to occur subsequent to
such failure through the date immediately following the date on which such
Compliance Certificate is delivered, the Applicable Margin shall be the highest
Applicable Margin set forth above.
Revolving Credit Loan Maturity Date. April 24, 2000, unless extended in
accordance with Section 2.1.2, and then such date as set forth in such extension
notice.
1.2. RULES OF INTERPRETATION. The rules of interpretation set forth in
Section 1.2 of the Original Credit Agreement shall be incorporated by reference
herein.
2. THE REVOLVING CREDIT FACILITY.
The provisions set forth in Section 2 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
3. REPAYMENT OF THE REVOLVING CREDIT LOANS.
The provisions set forth in Section 3 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
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4. LETTERS OF CREDIT.
The provisions set forth in Section 4 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
5. CERTAIN GENERAL PROVISIONS.
The provisions set forth in Section 5 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
6. GUARANTIES.
The provisions set forth in Section 6 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
7. REPRESENTATIONS AND WARRANTIES.
The provisions set forth in Section 7 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
8. AFFIRMATIVE COVENANTS OF THE BORROWER.
The provisions set forth in Section 8 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
9. CERTAIN NEGATIVE COVENANTS OF THE BORROWER.
The provisions set forth in Section 9 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
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10. FINANCIAL COVENANTS OF THE BORROWER.
The Borrower covenants and agrees that, so long as any Revolving Credit
Loan, Unpaid Reimbursement Obligation, Letter of Credit or Revolving Credit Note
is outstanding or any Bank has any obligation to make any Revolving Credit Loans
or the Agent has any obligation to issue, extend or renew any Letters of Credit:
10.1. PROFITABLE OPERATIONS. The Borrower will not permit Consolidated Net
Income or Consolidated Net Operating Income for any two consecutive fiscal
quarters to be less than $1.00.
10.2. FIXED CHARGE COVERAGE RATIO. The Borrower will not as at the end of
any fiscal quarter, permit the ratio of (a) the sum of (i) EBITDA for the period
of four (4) consecutive fiscal quarters ending on such date plus (ii) Rental
Obligations for the period of four (4) consecutive fiscal quarters ending on
such date to (b) the sum of (i) Consolidated Total Interest Expense for the
period of four (4) consecutive fiscal quarters ending on such date plus (ii)
Rental Obligations for the period of four (4) consecutive fiscal quarters ending
on such date, to be less than 2.50:1.00.
10.3. MINIMUM LIQUIDITY. The Borrower will not permit the ratio of (a)
the sum of (i) cash of the Borrower plus (ii) Current Accounts Receivable of the
Borrower to (b) the sum of (i) accounts payable of the Borrower plus (ii) Senior
Funded Indebtedness to be less than 1.25 to 1.00 at any time.
10.4. CONSOLIDATED NET WORTH. The Borrower will not permit Consolidated
Net Worth at any time to be less than the greater of (a) $450,000,000 or (b) the
sum of (i) $450,000,00 plus, on a cumulative basis, (ii) 75% of positive
Consolidated Net Income for each fiscal quarter beginning with the fiscal
quarter ended June 30, 1997, minus (iii) 100% of the purchase price paid by the
Borrower to repurchase the capital stock of the Borrower in such fiscal
quarters.
11. CLOSING CONDITIONS.
The obligations of the Banks to make the initial Revolving Credit Loans
and of the Agent to issue any initial Letters of Credit shall be subject to the
satisfaction of the following conditions precedent.
11.1. LOAN DOCUMENTS. The Credit Agreement shall have been duly executed
and delivered by the respective parties thereto, shall be in full force and
effect and shall be in form and substance satisfactory to each of the Banks.
Each Bank shall have received a fully executed copy of such document.
11.2. CERTIFIED COPIES OF CHARTER DOCUMENTS. Each of the Banks shall have
received from the Borrower and each of its Subsidiaries a secretary's
certificate from each such Person certifying that no changes have been made to
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each of (a) its charter or other incorporation documents from the date
previously delivered to the Agent under the Original Credit Agreement, and (b)
its by-laws as in effect on such date, other than the changes to the Borrower's
charter documents which have been disclosed in writing to the Agent. In
addition, the Borrower shall provide the Agent with evidence of the liquidation
of each of Selanar Corporation, Western Digital Capital Corporation, Western
Digital Europe and Western Digital Pacific Corporation.
11.3. CORPORATE, ACTION. All corporate action necessary for the valid
execution, delivery and performance by the Borrower and each of its Subsidiaries
of this Credit Agreement and the other Loan Documents to which it is or is to
become a party shall have been duly and effectively taken, and evidence thereof
satisfactory to the Banks shall have been provided to each of the Banks.
11.4. OPINION OF COUNSEL. Each of the Banks and the Agent shall have
received a favorable legal opinion addressed to the Banks and the Agent, dated
as of the Closing Date, in form and substance satisfactory to the Banks and the
Agent, from Xxxxxxx X. Xxxxxxxxx, Esq., counsel to the Borrower and its
Domestic Subsidiaries.
12. CONDITIONS TO ALL BORROWINGS.
The provisions set forth in Section 12 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
13. EVENTS OF DEFAULT; ACCELERATION; ETC.
The provisions set forth in Section 13 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
14. SETOFF.
The provisions set forth in Section 14 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
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15. THE BANK AGENTS.
The provisions set forth in Section 15 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
16. EXPENSES.
The provisions set forth in Section 16 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
17. INDEMNIFICATION.
The provisions set forth in Section 17 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
18. SURVIVAL OF COVENANTS, ETC.
The provisions set forth in Section 18 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
19. ASSIGNMENT AND PARTICIPATION; ACCESSION.
The provisions set forth in Section 19 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
20. NOTICES, ETC.
The provisions set forth in Section 29 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
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21. GOVERNING LAW.
The provisions set forth in Section 21 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
22. HEADINGS.
The provisions set forth in Section 22 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in
this Credit Agreement as if each such provision was set forth verbatim herein,
and shall survive the termination, amended and restatement of the Original
Credit Agreement.
23. COUNTERPARTS.
The provisions set forth in Section 23 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
24. ENTIRE AGREEMENT, ETC.
The Loan Documents and any other documents executed in connection herewith
or therewith express the entire understanding of the parties with respect to the
transactions contemplated hereby. Neither this Credit Agreement nor any term
hereof may be changed, waived, discharged or terminated, except as provided in
Section 26.
25. WAIVER OF JURY TRIAL.
Each of the Borrower and the Banks hereby waives its right to a jury trial
with respect to any action or claim arising out of any dispute in connection
with this Credit Agreement, the Revolving Credit Notes or any of the other Loan
Documents, any rights or obligations hereunder or thereunder or the performance
of which rights and obligations. Except as prohibited by law, the Borrower
hereby waives any right it may have to claim or recover in any litigation
referred to in the preceding sentence any special, exemplary, punitive or
consequential damages or any damages other than, or in addition to, actual
damages. The Borrower (a) certifies that no representative, agent or attorney of
any Bank or either of the Bank Agents has represented, expressly or otherwise,
that such Bank or such Bank Agent would not, in the event of litigation, seek to
enforce the foregoing waivers and (b) acknowledges that each of the Bank Agents
and the Banks have been induced to enter into this Credit Agreement,
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the other Loan Documents to which it is a party by, among other things, the
waivers and certifications contained herein.
26. CONSENTS, AMENDMENTS, WAIVERS, ETC.
The provisions set forth in Section 26 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
27. SEVERABILITY.
The provisions set forth in Section 27 of the Original Credit Agreement
shall be incorporated by reference herein and shall have the same effect in this
Credit Agreement as if each such provision was set forth verbatim herein, and
shall survive the termination, amended and restatement of the Original Credit
Agreement.
28. TRANSITIONAL ARRANGEMENTS.
This Credit Agreement shall on the Closing Date supersede the Original
Credit Agreement, except as provided in this Section 28. On the Closing Date,
the rights and obligations of the parties evidenced by the Original Credit
Agreement shall be evidenced by this Credit Agreement and other Loan Documents,
the "Revolving Credit Loans" as defined in the Original Credit Agreement shall
be converted to Revolving Credit Loans as defined herein, and all outstanding
letters of credit issued by the Agent for the account of the Borrower prior to
the Closing Date shall, for the purposes of this Credit Agreement, be Letters of
Credit. All interest and fees and expenses, if any, owing or accruing under or
in respect of the Original Credit Agreement through the Closing Date shall be
calculated as of the Closing Date (prorated in the case of any fractional
periods) and shall be paid in accordance with the method, and on the dates,
specified in the Original Credit Agreement, as if the Original Credit Agreement
were still in effect. Commencing on the Closing Date, the commitment fees shall
be payable by the Borrower to the Agent for the account of the Banks in
accordance with Section 2.2.
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IN WITNESS WHEREOF, the undersigned have duly executed this Credit
Agreement as a sealed instrument as of the date first set forth above.
WESTERN DIGITAL CORPORATION
By: /s/ XXXXXX X. XXXXXX
----------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Vice President, Taxes & Treasurer
NATIONSBANK OF TEXAS, N.A.,
individually and as Syndication Agent
By:
----------------------------------------
Name:
Title:
THE FIRST NATIONAL BANK OF
BOSTON, individually and as Agent
By:
----------------------------------------
Name:
Vice President
UNION BANK OF CALIFORNIA, N.A.
By:
----------------------------------------
Name:
Title:
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IN WITNESS WHEREOF, the undersigned have duly executed this Credit Agreement as
a sealed instrument as of the date first set forth above.
WESTERN DIGITAL CORPORATION
By:
----------------------------------------
Name:
Title:
NATIONSBANK OF TEXAS, N.A.,
individually and as Syndication Agent
By: /s/ XXXX X. XXXXXXXX
----------------------------------------
Name: XXXX X. XXXXXXXX
Title: VICE PRESIDENT
THE FIRST NATIONAL BANK OF
BOSTON, individually and as Agent
By:
----------------------------------------
Name:
Vice President
UNION BANK OF CALIFORNIA, N.A.
By:
----------------------------------------
Name:
Title:
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IN WITNESS WHEREOF, the undersigned have duly executed this Credit
Agreement as a sealed instrument as of the date first set forth above.
WESTERN DIGITAL CORPORATION
By:
----------------------------------------
Name:
Title:
NATIONSBANK OF TEXAS, N.A.,
individually and as Syndication Agent
By:
----------------------------------------
Name:
Title:
XXXXXXXXXX, X,X. (f/k/a The First National
Bank of Boston),individually and as Agent
By: /s/ BANKBOSTON
----------------------------------------
Name: BankBoston
Vice President
UNION BANK OF CALIFORNIA, N.A.
By:
----------------------------------------
Name:
Title:
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IN WITNESS WHEREOF, the undersigned have duly executed this Credit
Agreement as a sealed instrument as of the date first set forth above.
WESTERN DIGITAL CORPORATION
By:
----------------------------------------
Name:
Title:
NATIONSBANK OF TEXAS, N.A.,
individually and as Syndication Agent
By:
-----------------------------------------
Name:
Title:
THE FIRST NATIONAL BANK OF BOSTON,
individually and as Agent
By:
-----------------------------------------
Name:
Vice President
UNION BANK OF CALIFORNIA, N.A.
By: /s/ XXXXX XXXX
----------------------------------------
Name: Xxxxx Xxxx
Title: Vice President
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BANQUE NATIONALE de PARIS
By: /s/ XXXXX XXXXXXX
-----------------------------------------
Name: Xxxxx Xxxxxxx
Title: Senior Vice President and Manager
By: /s/ XXXXXXXX XXXXXXXX
-----------------------------------------
Name: Xxxxxxxx Xxxxxxxx
Title: Vice President
THE BANK OF NOVA SCOTIA
By:
-----------------------------------------
Name:
Title:
FLEET NATIONAL BANK
By:
-----------------------------------------
Name:
Title:
THE SUMITOMO BANK, LIMITED
By:
-----------------------------------------
Name:
Title:
MITSUBISHI TRUST & BANKING CORPORATION
By:
-----------------------------------------
Name:
Title:
00
-00-
XXXXXX XXXXXXXXX xx XXXXX
By:
-----------------------------------------
Name:
Title:
By:
-----------------------------------------
Name:
Title:
THE BANK OF NOVA SCOTIA
By: /s/ X.X. XXXXXXXXX
-----------------------------------------
Name: X.X. XXXXXXXXX
Title: Relationship Manager
FLEET NATIONAL BANK
By:
-----------------------------------------
Name:
Title:
THE SUMITOMO BANK, LIMITED
By:
-----------------------------------------
Name:
Title:
MITSUBISHI TRUST & BANKING CORPORATION
By:
-----------------------------------------
Name:
Title:
00
-00-
XXXXXX XXXXXXXXX xx XXXXX
BY:
-----------------------------------------
Name
Title
BY:
-----------------------------------------
Name:
Title:
THE BANK OF NOVA SCOTIA
By:
-----------------------------------------
Name:
Title:
FLEET NATIONAL BANK
By: FLEET NATIONAL BANK
-----------------------------------------
Name: Fleet National Bank
Title: VP
THE SUMITOMO BANK, LIMITED
By:
-----------------------------------------
Name:
Title:
MITSUBISHI TRUST & BANKING CORPORATION
By:
-----------------------------------------
Name:
Title:
00
-00-
XXXXXX XXXXXXXXX xx XXXXX
BY:
-----------------------------------------
Name
Title
BY:
-----------------------------------------
Name:
Title:
THE BANK OF NOVA SCOTIA
By:
-----------------------------------------
Name:
Title:
FLEET NATIONAL BANK
By:
-----------------------------------------
Name:
Title:
THE SUMITOMO BANK, LIMITED
By: /s/ XXXX XXXXX
-----------------------------------------
Name: XXXX XXXXX
Title: JOINT GENERAL MANAGER
MITSUBISHI TRUST & BANKING CORPORATION
By:
-----------------------------------------
Name:
Title:
00
-00-
XXXXXX XXXXXXXXX xx XXXXX
BY:
-----------------------------------------
Name
Title
BY:
-----------------------------------------
Name:
Title:
THE BANK OF NOVA SCOTIA
By:
-----------------------------------------
Name:
Title:
FLEET NATIONAL BANK
By:
-----------------------------------------
Name:
Title:
THE SUMITOMO BANK, LIMITED
By:
-----------------------------------------
Name:
Title:
MITSUBISHI TRUST & BANKING CORPORATION (USA)
By: /s/ XXXX X. XXXXXX
-----------------------------------------
Name: Xxxx X.Xxxxxx
Title: First Vice President
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RATIFICATION OF GUARANTY
Each of the undersigned guarantors hereby acknowledges and consents to the
foregoing Amended and Restated Revolving Credit Agreement as of May 5, 1997, and
agrees that the Guaranty dated as of April 24, 1996 from Western Digital
Rochester Inc. (the "Guarantor") in favor of the Agent, the Syndication Agent
and each of the Banks, and all other Loan Documents to which the Guarantor is a
party remain in full force and effect, and the Guarantor confirms and ratifies
all of its obligations thereunder.
WESTERN DIGITAL ROCHESTER, INC.
By: /s/ XXXXXX X. XXXXXX
--------------------------------------
Title: Xxxxxx X. Xxxxxx, President
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SCHEDULE 1
Commitments; Commitment Percentages
Commitment
Bank Commitment Percentage
NationsBank of Texas, N.A. $ 25,750,000 17.1667%
Domestic Lending Office:
000 Xxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000-0000
Attn: Xxxx Xxxxxxxx
Vice President
Eurodollar Lending Office:
Same as Above
BankBoston, N.A. (f/k/a The $ 25,750,000 17.1667%
First National Bank of Boston)
Domestic Lending Xxxxxx
000 Xxxxxxx Xxxxxx
Xxxxxx, XX 00000
Attn: High Technology Division
Eurodollar Lending Office:
Same as Above
Fleet National Bank $ 20,000,000 13.3333%
Domestic Lending Xxxxxx
Xxx Xxxxxxx Xxxxxx - XXXXX000
Xxxxxx, XX 00000
Attn: Xxxxx Xxxxxx
Managing Director
Eurodollar Lending Office:
Same as Above
The Sumitomo Bank, Limited $ 20,000,000 13.3333%
Domestic Lending Xxxxxx
000 X. Xxxxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxx, XX 00000
Attn: Mr. Xxxx Xxxxxxx
Eurodollar Lending Office:
Same as Above
Union Bank of California, N.A. $ 18,500,000 12.3333%
Domestic Lending Office:
000 Xxxxx Xxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxxxxx, XX 00000
Attn: Xxxxx Xxxx, Vice President
Eurodollar Lending Office:
Same as Above
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Banque Nationale de Paris $ 15,000,000 10.0000%
Domestic Lending Xxxxxx
000 Xxxxxxxx Xxxxxx
Xxx Xxxxxxx, XX 00000
Attn: Xx. Xxxxxxxx Xxxxxxxx
Eurodollar Lending Office:
Same as Above
The Bank of Nova Scotia $ 15,000,000 10.0000%
Domestic Lending Office:
000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxxxx, XX 00000
Attn: Xxxxxx Xxxxxxxxx,
Relationship Manager
Eurodollar Lending Office:
Same as Above
Mitsubishi Trust & Banking $ 10,000,000 6.6667%
Corporation
Domestic Lending Xxxxxx
000 Xxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
Attn: Xx. Xxxx Xxxxxx
Eurodollar Lending Office:
Same as Above
Totals $150,000,000 100%
