AMENDMENT NO. 1 TO SECURITY AGREEMENT, dated as of September 1, 2000
(this "Amendment"), to that certain Security Agreement, dated as of June 11,
1999 (the "Original Agreement"), among Xxxxxx, Inc., a Colorado corporation
("Xxxxxx"), Xxxxxxx Laboratories, Inc., a Massachusetts corporation
(collectively, the "Debtors"), and Xxxxx Fargo Bank, National Association (the
"Secured Party").
Xxxxxx has caused to be formed a new corporation, Xxxxxx Technical
Services, Inc., a Delaware corporation ("HTS"), which is a wholly owned
subsidiary of Xxxxxx. In consideration of the Secured Party entering into a
Waiver and Amendment No. 2 to Credit Agreement, dated as of September 1, 2000,
to that certain Credit Agreement, dated as of June 11, 1999, among the Debtors,
Zuellig Botanical Extracts, Inc., ZetaPharm Inc., Xxxxxx Drug Company, Inc., and
Secured Party, and pursuant to the terms of the Original Agreement, the Debtors,
HTS and the Secured Party hereby agree to amend the Original Agreement to add
and include HTS as a party thereto, which for all purposes shall be deemed to be
a Debtor, as defined in the Original Agreement, as if it had been an original
signatory thereto.
Except as specifically provided herein, all terms and conditions of the
Original Agreement remain in full force and effect, without waiver or
modification. This Amendment and the Original Agreement shall be read together
as one document.
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be
duly executed and delivered by their respective officers or representatives as
of the day and year first above written.
XXXXX FARGO BANK, NATIONAL XXXXXX, INC.
ASSOCIATION
By: /s/ Art Brokx By: /s/ Xxxxxx Xxxxxxxx
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Name: Art Brokx Name: Xxxxxx Xxxxxxxx
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Title: Vice-President Title: Chief Executive Officer
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XXXXXXX LABORATORIES, INC. XXXXXX TECHNICAL SERVICES, INC.
By: /s/ Xxxxxxx X. Xxxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxx
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Name: Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx
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Title: Clerk Title: Vice-President
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