AMENDMENT TO INSTALLMENT
OR SINGLE PAYMENT NOTE
This Amendment, dated as of the date specified below, is by and between the
borrower (the "Borrower") and the bank (the "Bank") identified below.
RECITALS
A. The Borrower has executed an Installment or Single Payment Note (the
"Note"), payable to the bank dated June 28, 1994, and the Borrower
(and if applicable, certain third parties) have executed the
collateral documents identified on the Note and certain other related
documents (collectively the "Loan Documents"), setting
forth the terms and conditions upon which the Borrower has obtained a
term loan from the Bank in the original principal amount of
$3,600,000.00 .
B. The Borrower has requested that the Bank permit certain modifications
to the Note as described below.
C. The Bank has agreed to such modifications, but only upon the terms
and conditions outlined in this Amendment.
AGREEMENT
In consideration of the mutual covenants contained herein, and for other good
and valuable consideration, the Borrower and the Bank agree as follows:
1.X Change in Interest Rate. If checked here, effective upon the date of
this Amendment, the information under the heading "Interest" is deleted and
replaced with the following:
The Interest Rate will remain 6.90% from July 1, 1997 to June 30, 1998. The
Interest Rate for the remainder of the loan term will be determined by
Borrower and Bank prior to June 30, 1998.
2. __ Change in Payment Schedule. If checked here, effective upon the date
of this Amendment, the information under the heading "Payment Schedule" is
deleted and replaced with the following:
3. Effectiveness of Prior Documents. Except as specifically amended hereby,
the Note and the other Loan Documents shall remain in full force and effect in
accordance with their respective terms. All warranties and representations
contained in the Note and the other Loan Documents are hereby reconfirmed
warranties and representations contained in the Note and the other Loan
Documents are hereby reconfirmed as of the date hereof. All collateral
previously provided to secure the Note continues as security, and all guaranties
guaranteeing the Note remain in full force and effect. This is an amendment, not
a novation.
4. Preconditions to Effectiveness. This Amendment shall only become
effective upon execution by the Borrower and the Bank, and approval by all
guarantors (if any) and any other third party required by the Bank.
5. No Waiver of Defaults; Warranties. This Amendment shall not be construed
as or be deemed to be a waiver by the Bank of existing defaults by the Borrower,
whether known or undiscovered. All agreements, representations and warranties
made herein shall survive the execution of this Amendment.
6. Counterparts. This Amendment may be signed in any number of
counterparts, each of which shall be considered an original, but when taken
together shall constitute one document.
7. Authorization. The Borrower and all guarantors (if any) represent and
warrant that the execution, delivery and performance of this Amendment and the
documents referenced herein are within the corporate or partnership powers (as
applicable) of the Borrower and all corporate or partnership guarantors, and
have been duly authorized by all necessary corporate or partnership action.
Dated as of: May 23, 1997
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(Individual Borrower)
Heurikon Corporation
Borrower Name (Organization)
___________________ (SEAL) a Wisconsin Corporation
Borrower Name ___________________ By: Xxxxxxx X. Xxxxxxxx
-------------------
___________________ (SEAL) Name and Title: Xxxxxxx X. Xxxxxxxx
Vice President -Finance
Firstar Bank Wisconsin (Bank)
F/K/A Firstar Bank Madison, N.A.
By: Xxxxxxx X. Xxxxx
----------------
Name and Title: Xxxxxxx X.Xxxxx
Asst. Vice President
(All Guarantors should complete the following)
Acknowledgment by Guarantor(s)
The undersigned hereby acknowledge(s) and agree(s) to all of the foregoing,
and agree(s) that the guaranty or a guaranties dated June 28, 1994, continue(s)
to guarantee the obligations of the Borrower to the Bank as amended hereby and
by any prior amendments.
(Individual Guarantors)
Date: _________________________ ____________________________ (SEAL)
Printed Name ________________________
Date: _________________________ ____________________________ (SEAL)
Printed Name ________________________
Date: _________________________ Computer Products, Inc.
-----------------------
(Name of Organization)
a Florida Corporation
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By: Xxxxxxx X. Xxxxxxxx
-----------------------
Name and Title: Xxxxxxx X. Xxxxxxxx,
----------------------
VP Finance, CFO
