1
EXHIBIT 10.9
AMENDMENT NO.5
TO
CORPORATE REVOLVING AND TERM LOAN AGREEMENT
Manufacturers and Traders Trust Company (the "Bank") and C.H. Heist Corp.
(the "Borrower") hereby agree as follows:
1. Loan Agreement. The Bank and the Borrower are parties to a Corporate
Revolving and Term Loan Agreement dated December 23, 1993, and as amended (the
"Loan Agreement"). The Bank and the Borrower wish to amend the Loan Agreement
as set forth herein.
2. Amendment to Loan Agreement. The Bank and the Borrower hereby agree
that the Loan Agreement is amended as follows:
a. Section 2.(i) of the Loan Agreement is modified to read in
entirety as follows: "Compensating balances may, but need not, be maintained
by the Borrower with the Bank with respect to all Revolving Loans. Such
compensating balances shall be unrestricted as to use at any time."
b. Section 11.dd(i) of the Loan Agreement, as previously amended,
is modified so that the reference to "August 1, 1999" is deleted and "August 1,
2000" is substituted in its place.
3. Except as expressly modified herein, the Loan Agreement otherwise
remains unchanged and the Borrower hereby ratifies and reaffirms the Loan
Agreement, as amended, and any other documents executed in connection
therewith, and agrees that the Loan Agreement and all documents executed in
connection herewith are in full force and effect and fully enforceable with
their terms and not subject to any offset, claim, counterclaim or defense.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to
be duly executed by their authorized officers as of the 1st day of July, 1998.
C. H. HEIST CORP. MANUFACTURERS AND TRADERS
TRUST COMPANY
By: /s/ Xxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxx
---------------------- -----------------------
Xxxx X. Xxxxxx Xxxxx X. Xxxxx
Vice President and Assistant Vice President
Chief Financial Officer
