Exhibit 10(v)
Exhibit 10(v) - Amendment dated April 19, 1999, of the Credit Agreement
dated as of May 22, 1996, as amended, between MAF Bancorp, Inc. and Xxxxxx Trust
and Savings Bank.
Exhibit 10(v)
SEVENTH AMENDMENT TO CREDIT AGREEMENT
Xxxxxx Trust and Savings Bank
Chicago, Illinois
Ladies and Gentlemen:
Reference is hereby made to that certain Credit Agreement dated as of May
22, 1996, as amended (the "Credit Agreement"), between the undersigned, MAF
Bancorp, Inc., a Delaware corporation (the "Company") and you (the "Lender").
All capitalized terms used herein without definition shall have the same
meanings herein as such terms have in the Credit Agreement.
The Company has requested the Lender amend the Credit Agreement by
increasing the Revolving Credit Commitment to $20,000,000, extending the
Revolving Credit Termination Date to April 30, 2000, deleting Section 7.9
(Tangible Capital Ratio), and increasing the aggregate amount of permitted
obligations for letters of credit issued in connection with land development
activities from $10,000,000 to $20,000,000 under Section 7.12(f), and the Lender
is willing to do so under the terms and conditions set forth in this agreement
(herein, the "Amendment").
1. AMENDMENTS.
Upon your acceptance hereof in the space provided for that purpose below,
the Credit Agreement shall be and hereby amended as follows:
1.1 The definition of "Revolving Credit Commitment" appearing in
Section 4.1 of the Credit Agreement shall be amended and restated in its
entirety to read as follows:
"Revolving Credit Commitment" means $20,000,000, as such amount may be
reduced pursuant hereto.
1.2 The definition of "Revolving Credit Termination Date" appearing
in Section 4.1 of the Credit Agreement shall be amended and restated in its
entirety to read as follows:
"Revolving Credit Termination Date" means April 30, 2000, or such
earlier date on which the Revolving Credit Commitment is terminated in
whole pursuant to Section 3.3, 3.4, 8.2 or 8.3 hereof.
1.3 Section 7.9 of the Credit Agreement (Tangible Capital Ratio)
shall be deleted and inserted in its place shall be the following:
"Section 7.9. Intentionally Deleted."
1.4 Section 7.12(f) of the Credit Agreement shall be amended and
restated in its entirety to read as follows:
(f) obligations of the Company or MAF Developments arising
under or in connection with letters of credit issued by the
Company or MAF Developments relating to land development
activities of the Company or MAF Developments in an
aggregate amount not to exceed $20,000,000 at any one time
outstanding;
1.5 Exhibit A to the Credit Agreement shall be amended in its
entirety, and as amended shall be restated to read as set forth on Exhibit
A attached hereto.
2. CONDITIONS PRECEDENT.
The effectiveness of the Amendment is subject to the satisfaction of all of
the following conditions precedent:
2.1 The Company and the Lender shall have executed and delivered this
Amendment, and the Company shall have executed and delivered to the Lender
a replacement Revolving Credit Note in the form attached hereto as Exhibit
A.
2.2 Legal matters incident to the execution and delivery of this
Amendment shall be satisfactory to the Lender and its counsel.
3. MISCELLANEOUS.
3.1 Except as specifically amended herein, the Credit Agreement shall
continue in full force and effect in accordance with its original terms.
Reference to this Amendment need not be made in the Credit Agreement, the Notes,
or any other instrument or document executed in connection therewith, or in any
certificate, letter or communication issued or made pursuant to or with respect
to the Credit Agreement, any reference in any of such items to the Credit
Agreement being sufficient to refer to the Credit Agreement as amended hereby.
3.2 The Company agrees to pay on demand all costs and expenses of or
incurred by the Lender in connection with the negotiation, preparation,
execution, and delivery of this Amendment, including the fees and expenses of
counsel for the Lender.
3.3 This Amendment may be executed in any number of counterparts, and by
the different parties on different counterpart signature pages, all of which
taken together shall constitute one and the same agreement. Any of the parties
hereto may execute this Amendment by signing any such counterpart and each of
such counterparts shall for all purposes be deemed to be an original. This
Amendment shall be governed by the internal laws of the State of Illinois.
[SIGNATURE PAGE TO FOLLOW]
This Seventh Amendment to Credit Agreement is entered into and effective as
of April 19, 1999.
MAF Bancorp, Inc.
By /s/ Xxxxx Xxxxxxxxx
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Name Xxxxx Xxxxxxxxx
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Title Exec. V.P. & C.F.O.
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Accepted and agreed to in Chicago, Illinois as of the date and year last
above written.
XXXXXX TRUST AND SAVINGS BANK
By /s/ Xxxxxxx X. Xxxxxxx
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Name Xxxxxxx X. Xxxxxxx
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Title Vice President
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