AMENDMENT NO. TWO TO LOAN AGREEMENT
This Amendment No. Two (the Amendment) dated as
of January 23, 1996, is between Bank of America National
Trust and Savings Association (the Bank) and Amplicon,
Inc. (the Borrower).
RECITALS
A. The Bank and the Borrower entered into a
certain Loan Agreement dated as of August 12, 1993, as
modified by an amendment dated as December 16, 1994 (as
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 1.2 is amended by substituting the
date December 31, 1997 for the date December 31, 1996
appearing therein.
2.2 Paragraph 1.4(b) is amended by substituting
the date April 1, 1998 for the date April 1, 1997
appearing therein and by substituting the date December 31,
1998 for the date December 31, 1997 appearing therein.
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, a default
under the Agreement, and (b) the representations and
warranties in the Agreement are true 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. Conditions. This Amendment will be
effective when the Bank receives the following items, in
form and content acceptable to the Bank:
4.1 This Amendment executed by the Borrower.
5. 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
stated at the beginning of this Amendment.
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
By Xxxxxxx X. Xxxxxx/s/
Xxxxxxx X. Xxxxxx
Title Vice President
AMPLICON, INC.
By Xxxxxxx X. Xxxxxx/s/
Title Chief Executive Officer
By Xxxx X. Xxxxx/s/
Title Chief Operating Officer
