EXHIBIT 10.13 (f)
AMENDMENT NO. 1 TO CREDIT AGREEMENT
AMENDMENT dated as of January 29, 1999 to the Amended and Restated
Credit Agreement dated as of July 15, 1998 (the "Credit Agreement") among IOMEGA
CORPORATION (the "Borrower"), the BANKS party thereto (the "Banks"), CITIBANK,
N.A., as Administrative Agent, and XXXXXX GUARANTY TRUST COMPANY OF NEW YORK, as
Documentation Agent (the "Documentation Agent").
W I T N E S S E T H :
WHEREAS, the parties hereto desire to amend the minimum Consolidated
EBITDA financial covenant in the Credit Agreement for the periods ending on or
closest to March 31, 1999 and June 30, 1999;
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. Defined Terms; References. Unless otherwise specifically
defined herein, each term used herein which is defined in the Credit Agreement
has the meaning assigned to such term in the Credit Agreement. Each reference to
"hereof", "hereunder", "herein" and "hereby" and each other similar reference
and each reference to "this Agreement" and each other similar reference
contained in the Credit Agreement shall, after this Amendment becomes effective,
refer to the Credit Agreement as amended hereby.
SECTION 2. Reduction of Minimum Consolidated EBITDA. The chart in
Section 5.13 of the Credit Agreement is amended by changing the numbers set
forth opposite the dates March 31, 1999 and June 30, 1999 from "$57,500,000" to
"$25,000,000" and from "$120,000,000" to "$90,000,000", respectively.
SECTION 3. Representations of Borrower. The Borrower represents and
warrants that (i) the representations and warranties of the Borrower set forth
in Article 4 of the Credit Agreement will be true on and as of the date hereof
and (ii) no Default will have occurred and be continuing on such date.
SECTION 4. Governing Law. This Amendment shall be governed by and
construed in accordance with the laws of the State of New York.
SECTION 5. Counterparts. This Amendment may be signed in any number of
counterparts, each of which shall be an original, with the same effect as if the
signatures thereto and hereto were upon the same instrument.
SECTION 6. Effectiveness. This Amendment shall become effective as of
the date hereof when the Documentation Agent shall have received from each of
the Borrower and the Required Banks a counterpart hereof signed by such party or
facsimile or other written confirmation (in form satisfactory to the
Documentation Agent) that such party has signed a counterpart hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed as of the date first above written.
IOMEGA CORPORATION
By: /s/ Xxxxxx X. Xxxxxxx
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Name: Xxxxxx X. Xxxxxxx
Title: Vice President & Treasurer
CITIBANK, N.A.
By: /s/ J. Xxxxxx Xxxxxx
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Name: J. Xxxxxx Xxxxxx
Title: Vice President
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK
By: /s/ Unn Xxxxxxx
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Name: Unn Xxxxxxx
Title: Vice President
FLEET NATIONAL BANK
By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
Title: Vice President
BANK OF AMERICA NATIONAL
TRUST AND SAVINGS BANK
By: /s/ Xxxxx Xx Xxxxx
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Name: Xxxxx Xx Xxxxx
Title: Managing Director
FIRST SECURITY BANK, N.A.
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
Title: Vice President
KEYBANK NATIONAL ASSOCIATION
By: /s/ Xxxxxx X. Xxxxxxxx
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Name: Xxxxxx X. Xxxxxxxx
Title: Vice President
ABN AMRO BANK N.V.
By: /s/ Xxx-Xxx Miao
-----------------------------------
Name: Xxx-Xxx Miao
Title: Vice President
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
Title: Vice President
THE SUMITOMO TRUST & BANKING
CO., LTD.
By: /s/ Xxxxxxx X. Xxxx
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Name: Xxxxxxx X. Xxxx
Title: Senior Vice President and
Manager
THE NORTHERN TRUST COMPANY
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
Title: Vice President
THE CIT GROUP/BUSINESS
CREDIT, INC.
By: /s/ Xxxxx Xxxxxxx
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Name: Xxxxx Xxxxxxx
Title: Vice President
By: /s/ Xxxxxx Xxxxxxx
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Name: Xxxxxx Xxxxxxx
Title: Vice President
UNION BANK OF CALIFORNIA, N.A.
By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
Title: Vice President
