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EXHIBIT 10.6K
FOURTH AMENDMENT TO CREDIT AGREEMENT
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FOURTH AMENDMENT TO CREDIT AGREEMENT
This Amendment dated as of September 29, 1995, is between Bank of
America National Trust and Savings Association (the "Bank") and
Xxxxxxxx-Sonoma, Inc. (the "Borrower").
RECITALS
A. The Bank and the Borrower entered into a certain Amended and
Restated Credit Agreement dated as of October 13, 1994 (as previously amended,
the "Agreement").
B. The Bank and the Borrower desire to amend the Agreement.
AGREEMENT
1. DEFINITIONS. Capitalized terms used but not defined in this
Amendment shall have the meaning given to them in the Agreement.
2. AMENDMENTS. The Agreement is hereby amended as follows:
2.1 Paragraph 1.1(a) of the Agreement is amended by changing
the amount of the Facility 1 Commitment as follows:
Period Commitment Amount
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From the date of this
Amendment through 12/16/95 $87,000,000
12/17/95 through 04/30/96 $45,000,000
05/01/96 through the Expiration Date $65,000,000
2.2 The first sentence of Paragraph 2.2 of the Agreement is
amended to read as follows:
The amount of the letters of credit and shipside bonds
outstanding at any one time (including the drawn and
unreimbursed amounts of the letters of credit) may not exceed
the following: (a) from the date of this Amendment through
December 16, 1995, Thirteen Million Dollars ($13,000,000);
and (b) thereafter, Twenty Five Million Dollars
($25,000,000).
3. REPRESENTATIONS AND WARRANTIES. When the Borrower signs this
Amendment, the Borrower represents and warrants to the Bank that:
(a) There is no event which is, or with notice or lapse of
time or both would be, an event of default under the Agreement, as
hereby amended;
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(b) The representations and warranties in the Agreement are
true and correct as of the date of this Amendment as if made on the
date of this Amendment;
(c) This Amendment is within the Borrower's powers, has been
duly authorized, and does not conflict with any of the Borrower's
organizational papers; and
(d) This Amendment does not conflict with any law, agreement,
or obligation by which the Borrower is bound.
4. EFFECT OF AMENDMENT. Except as provided in this Amendment, all
of the terms and conditions of the Agreement shall remain in full force and
effect.
This Amendment is executed as of the date first stated above.
Bank of America National Xxxxxxxx-Sonoma, Inc.
Trust and Savings Association
By /s/ XXXXX X. XXXXXXXXXXX By /s/ W. XXXXXX XXXXXX
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Xxxxx X. Xxxxxxxxxxx W. Xxxxxx Xxxxxx
Vice President Chairman and Chief Executive
Officer
By /s/ XXXXXXX XXXX
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Xxxxxxx Xxxx
Senior Vice President
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