(EXHIBIT 10.42)
[IMPERIAL BANK LETTERHEAD]
December 22, 1995
Mr. Xxxxxx Xxxxxxx
The Xxxxxxx Xxxxx Company
00000 Xxxxxxxx Xxxxxxxxx
Xxx Xxxxxxx, XX 00000
Re: Third Amended and Restated Credit Agreement among
Xxxxxxx-Xxxxx Company and Imperial Bank, dated as of
February 9, 1990, as amended and restated as of
December 14, 1990, as of May 1, 1992 and as of August 31,
1993, as heretofore amended (the "Credit Agreement")
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Dear Xx. Xxxxxxx:
All capitalized terms used herein and not otherwise defined herein shall
have the meanings given them in the Credit Agreement.
You have requested that the Maturity Date of the Credit Agreement be
extended until January 31, 1996.
Imperial Bank, in its capacity as Agent for the Lenders under the Credit
Agreement and as a Lender, hereby consents to such an extension, thereby
amending the Credit Agreement so that the definition of Maturity Date
appearing therein is deleted in its entirety and replaced with the following:
"'Maturity Date' shall mean January 31, 1996."
Except to the extent expressly set forth herein, this letter agreement
does not constitute a modification or amendment of any other provision of
the Credit Agreement. Except as expressly amended herein, all terms of the
Credit Agreement remain in full force and effect. In addition, the
modification contained herein is without prejudice to the Lender's or Agent's
rights to enforce all other terms and conditions of the Credit Agreement and
shall not be construed as entitling the Borrower to any future modification
or amendment with respect to the same or other matters.
If you agree to this extension, please execute the enclosed copy of this
letter. Please return the executed copy along with the $12,500 fee for the
30-day extension (pro rate 1% loan fee) no later than 4 p.m. today to become
effective.
Very truly yours,
IMPERIAL BANK
Individually and as Agent
By: [SIGNATURE OF XXXXXX XXXXXXXXX]
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Xxxxxx Xxxxxxxxx
Vice President
By: [SIGNATURE OF XXXX XXXXXX]
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Xxxx Xxxxxx
Vice President
AGREED TO BY:
THE XXXXXXX XXXXX COMPANY
By: [SIGNATURE OF XXXXXX XXXXXXX]
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Name:
Title:
