FIRST AMENDMENT TO 1996 RESTATED SECURITY AGREEMENT
THIS FIRST AMENDMENT TO 1996 RESTATED SECURITY AGREEMENT is intended to
amend the 1996 RESTATED SECURITY AGREEMENT (the "Agreement") dated as of May 3,
1996 by and among DATA TRANSMISSION NETWORK CORPORATION, a Delaware corporation
having its principal place of business at Suite 200, 0000 Xxxx Xxxxx Xxxx,
Xxxxx, Xxxxxxxx 00000 (the "Debtor"), FIRST NATIONAL BANK OF OMAHA, a national
banking association having its principal place of business at Xxx Xxxxx Xxxxxxxx
Xxxxxx, Xxxxx, Xxxxxxxx 00000 as agent ("Secured Party") for itself and FIRST
NATIONAL BANK, WAHOO, NEBRASKA, a national banking association having its
principal place of business at Xxxxx, Xxxxxxxx 00000 ("FNB-W"), NBD BANK, a bank
organized under the laws of the State of Michigan having its principal place of
business at 000 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 ("NBD"), NORWEST BANK
NEBRASKA, N.A., a national banking association having its principal place of
business at 00xx xxx Xxxxxx Xxxxxxx, Xxxxx, Xxxxxxxx 00000 ("Norwest"), FIRST
BANK, NATIONAL ASSOCIATION, a national banking association having its principal
place of business at 00xx xxx X Xxxxxxx, Xxxxxxx, Xxxxxxxx 00000 ("First Bank")
(it being acknowledged that First Bank is the successor in interest to FirsTier
Bank, National Association, Lincoln, Nebraska ("FirsTier")), and THE BOATMEN'S
NATIONAL BANK OF ST. LOUIS, a national banking association having its principal
place of business at Xxx Xxxxxxx'x Xxxxx, 000 xxxxxx Xxxxxx, X.X. Xxx 000, Xx.
xxxxx, Xxxxxxxx 00000-0000 ("Boatmen's"), FARM CREDIT SERVICES OF THE MIDLANDS,
PCA, a production credit association ("Farm Credit") in care of AGAMERICA, FCB,
a farm credit bank doing business at 000 Xxxxx 00xx Xxxxxx, Xxxxx, Xxxxxxxx
00000- 1745 ("AgAmerica") and BROADCAST PARTNERS, a general partnership having
its principal place of business at 00000 Xxxxxx Xxxxxx, Xxx Xxxxxx, Xxxx 00000
("Broadcast Partners") (collectively, and together with any other Lender that
hereinafter becomes a party to any "Loan Agreement" as hereinafter defined, the
"Lenders").
1. THE SUMITOMO BANK, LIMITED, a Japanese bank being represented by its
office at 000 Xxxxx Xxxxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000 and acting
through its Chicago branch ("Sumitomo") and MERCANTILE BANK OF ST. LOUIS, N.A.,
a national banking association having its principal place of business at One
Mercantile Center, 7th and Xxxxxxxxxx Xxxxxxx, Xx. Xxxxx, Xxxxxxxx, 00000
("Mercantile") are hereby added to the definition of "Lenders" referenced in the
Agreement.
2. Replace clause (ii) of Section 3 with the following:
"under the 1996 Revolving Credit Agreement dated as of June 28,
1996, as amended from time to time between the Debtor and First
National Bank of Omaha, First National Bank, Wahoo, Nebraska,
Norwest Bank Nebraska, N.A., NBD Bank, Farm Credit Services of
the Midlands, PCA, The Sumitomo Bank, Limited, Mercantile Bank of
St. Louis, N.A. First Bank, National Association and The
Boatmen's National Bank of St. Louis."
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3. In the last sentence of Section 9 (i), change "Article 8 of the 1996
Term Credit Agreement dated as of May 3, 1996" to "Article VII of the 1996
Revolving Credit Agreement as in effect on June 28, 1996."
4. Unanimous approval of the Lenders shall be required for
changes to Section 9(i) of the Agreement.
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IN WITNESS WHEREOF, the undersigned have executed this FIRST AMENDMENT
TO 1996 RESTATED SECURITY AGREEMENT as of June 28, 1996.
DATA TRANSMISSION NETWORK
CORPORATION
By: /s/ Xxxxx Xxxxxx
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Title: CFO, Secretary & Treasurer
FIRST NATIONAL BANK OF OMAHA
By: /s/ Xxxxx X. Xxxxxx
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Title: Vice President
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