EXHIBIT 10.15.2
November 25, 1998
First Union National Bank,
as Administrative Agent
and Lender under the Credit
Agreement referred to below
Wachovia Bank, N.A. as Lender
under the Credit Agreement
referred to below
RE: SUMMIT PROPERTIES PARTNERSHIP, L.P. SENIOR UNSECURED CREDIT FACILITY
Ladies and Gentlemen:
Reference is hereby made to that certain Credit Agreement dated as of
March 27, 1998 (the "CREDIT AGREEMENT") among Summit Properties Partnership,
L.P., as borrower, Summit Properties, Inc., as guarantor, the banks named
therein and First Union National Bank, as Administrative Agent. Capitalized
terms used herein and not otherwise defined herein shall have the meaning
ascribed thereto in the Credit Agreement.
In accordance with Section 2.1(d) of the Credit Agreement, we requested,
pursuant to a letter dated September 21, 1998, that each of the Lenders increase
their Commitments in order to increase the aggregate amount of Commitments under
the credit facility to $200,000,000.
First Union National Bank ("FIRST UNION") and Wachovia Bank N.A.
("WACHOVIA" and together with First Union, the "INCREASING LENDERS") have agreed
to increase their Commitments by $15,000,000 and $10,000,000, respectively.
By consenting to this letter (i) First Union hereby confirms that its
Commitment shall be increased from $35,000,000 to $50,000,000 and (ii) Wachovia
hereby confirms that its Commitment shall be increased from $35,000,000 to
$45,000,000. The aggregate amount of Commitments under the Credit Agreement
shall be increased from $175,000,000 to $200,000,000. As of the date hereof,
each reference to the "COMMITMENTS" in the Credit Agreement and the other Loan
Documents shall be a reference to the Commitments as increased hereby.
Notwithstanding anything to the contrary set forth in this letter, this letter
shall not increase the Commitments of any Lender (other than the Increasing
Lenders).
Please evidence your agreement to the foregoing by consenting to this
letter in the space provided below. This letter shall be effective upon the
execution by you of this letter subject however to (a) your receipt of duly
executed replacement Revolving Notes revised to reflect the
increased Commitments and (b) your receipt of all fees set forth in those
certain fee letters dated the date hereof. Furthermore, we agree to (i) promptly
provide to each of the Lenders' duly executed replacement Competitive Notes
revised to reflect the increased Commitments and (ii) pay all reasonable costs
and expenses (including, without limitation, reasonable fees and expenses of
counsel) incurred in connection with the foregoing. Promptly after receipt of
the replacement Revolving Notes referred to above (or any other Note replaced as
a consequence of the increase in the Commitments contemplated hereby) First
Union and Wachovia hereby agree to deliver to the Borrower the original Notes so
replaced. Section 2.1 of the Credit Agreement provides that the consent of the
Lenders (other than the Increasing Lenders) is not required to approve the
increase of the Commitments.
This letter may be executed in any number of counterparts and by any
combination of the parties hereto in separate counterparts, each of which
counterparts shall be an original and all of which taken together shall
constitute one and the same letter.
SUMMIT PROPERTIES PARTNERSHIP, L.P., doing
business in North Carolina as Summit Properties
Partnership, Limited Partnership, as borrower
By: SUMMIT PROPERTIES, INC., its general partner
By: /s/ Xxxxx X. Xxxxxx
----------------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President-Finance
SUMMIT PROPERTIES, INC., as guarantor
By: /s/ Xxxxx X. Xxxxxx
----------------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President-Finance
AGREED AND CONSENTED TO:
FIRST UNION NATIONAL BANK,
as Administrative Agent and Lender
By: /s/ Xxxxx X. Xxxxxxxx
---------------------------------------------
Name: Xxxxx X. Xxxxxxxx
Title: Vice President
WACHOVIA BANK, N. A.
By: /s/ Xxxxx X. Osellia
---------------------------------------------
Name: Xxxxx X. Osellia
Title: Senior Vice President
cc: The Financial Institutions
set forth on Schedule I
SCHEDULE I
LENDER
Bank of America
(formerly NationsBank, N.A.)
Commerzbank, A.G.,
Atlanta Agency
PNC Bank, National Association
AmSouth Bank
