EXHIBIT 10.9.4
FOURTH AMENDMENT TO THE
REVOLVING LINE OF CREDIT AGREEMENT
This FOURTH AMENDMENT ("Amendment") is dated as of October 15, 2002, by and
between WFS FINANCIAL INC, a California corporation (the "Borrower"), and
WESTERN FINANCIAL BANK, a federally-chartered savings bank (the "Bank"), and
amends the REVOLVING LINE OF CREDIT AGREEMENT ("Agreement") entered into by the
parties on June 15, 1999, as amended, pursuant to the transfer of certain assets
of the Bank to the Borrower.
RECITALS
A. The Agreement is being amended as follows:
AGREEMENT
In consideration of the mutual promises set forth herein, and in
reliance upon the recitals set forth above, the parties agree as follows:
1. Section 2.2 of the Agreement is restated in its entirety as follows:
NOTICE AND MAKING OF ADVANCES. Whenever the Borrower desires to draw
down an Advance, the Borrower shall execute and deliver to the Bank a
Borrowing Certificate prior to each requested Advance, and such
Borrowing Certificate shall be irrevocable. The Borrower hereby
irrevocably authorizes the Bank, on behalf of the Borrower, to retain
from time to time any Advance or portion thereof to be used to pay any
outstanding Interests or Costs hereunder which is then due and unpaid.
The conditions herein with respect to the making of Advances are for
the benefit of the Borrower and the Borrower may modify or waive any
of such conditions in its sole and absolute discretion.
2. Except as specifically amended herein, all terms of the Agreement and
terms as previously amended by the First, Second and Third amendments
to the Agreement shall remain in full force and effect.
3. Capitalized terms not defined herein shall have the meanings set forth
in the Agreement.
Wherefore, the undersigned have executed this Amendment on the date set forth
below to be effective as of the date first set forth above.
WFS FINANCIAL INC WESTERN FINANCIAL BANK
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Xxxx Xxxxx, Senior Vice President Xxx X. Xxxxxxxx,
Senior Executive Vice President