AMENDMENT NO.1 TO ESOP LOAN AGREEMENT
Exhibit 10.13
AMENDMENT NO.1 TO ESOP LOAN AGREEMENT
This Amendment No. 1 to ESOP Loan Agreement ("Amendment") is made and entered into by and between Xxxxxx Bros. Co., a California corporation, as Lender and Xxxxx Fargo Bank, N.A. as trustee for the Xxxxxx Bros. Co. Employee Stock Ownership Plan as the Borrower.
RECITALS
A. | Lender and Borrower have entered into an ESOP Loan Agreement dated March 28, 2000 (the "Loan Agreement") which provides that advances can be made by Lender to Borrower through a period ending on December 31, 2002. |
B. | Lender and Borrower desire to amend the Loan Agreement to extend the date for advances through and including July 31, 2003. |
NOW; THEREFORE, it is agreed as follows:
1. | Section 1.2 of the Loan Agreement is amended by changing the date December 31, 2002, as it appears in both places in Section 1.2, to July 31, 2003. |
2. | In all other respects the Loan Agreement is ratified and approved. |
IN WITNESS· WHEREOF, the parties have executed this Amendment on the date set forth below effective as of December 31,2002.
Dated: June 26, 2003 Xxxxxx Bros. Co.
By: /s/ Xxx X. Xxxxxx
Xxx X. Xxxxxx, President
By: /s/ Xxxx X. Xxxxxxx
Xxxx X. Xxxxxxx, Treasurer
Dated: June 26, 2003 Xxxxxx Bros. Co. Stock Ownership Plan
Xxxxx Fargo, N.A., as trustee for the Xxxxxx Bros. Co. Employee Stock Ownership Plan
By:/s/ X. Xxxxxx
Title: Vice President