FORM 10-Q
Exhibit 4.4(g)
AMENDMENT NO. 6 TO CREDIT AGREEMENT
AMENDMENT dated as of June 27, 1997 to the Amended and
Restated Credit Agreement dated as of November 18, 1994 (as
heretofore amended, the "Agreement") among Cone Xxxxx
Corporation, the banks listed on the signature pages thereof
(the "Banks") and Xxxxxx Guaranty Trust Company of New York,
as Agent (the "Agent").
The parties hereto agree as follows with respect to the
Agreement:
SECTION 1. Definitions; References. Unless otherwise
specifically defined herein, each term used herein which is
defined in the Agreement shall have the meaning assigned to
such term in the 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 Agreement shall from
and after the date hereof refer to the Agreement as amended
hereby.
SECTION 2. Amendment of Section 5.10 of the Agreement.
Section 5.10 of the Agreement is amended to read in full as
follows:
SECTION 5.10. Debt Ratio. As of the last day of each
fiscal quarter ended after June 29, 1997, the percentage of
Adjusted Cash Flow for the period of four consecutive fiscal
quarters then ended to Total Consolidated Debt as of such day
will not be less than 26%.
SECTION 3. Amendment of Section 5.11 of the Agreement.
Section 5.11 of the Agreement is amended to read in full as
follows:
SECTION 5.11. Interest Coverage Ratio. As of the last day
of the following fiscal quarters, the ratio of EBIT to
Consolidated Interest Expense in each case for the period of
four consecutive fiscal quarters then ended, will not be less
than the following amounts (provided that this Section 5.11
shall not apply with respect to the last day of the fiscal
quarter ending June 29, 1997):
Fiscal Quarter Ending Ratio
Prior to June 30, 1996 2.3:1
June 30, 1996 1.8:1
Page 34
FORM 10-Q
Exhibit 4.4(g) (continued)
September 29, 1996 1.4:1
December 29, 1996 1.0:1
March 30, 1997 0.1:1
June 29, 1997 [Not applicable]
After June 29, 1997 2.3:1
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: Effectiveness. 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.
This Amendment shall become effective as of the date first
written above when the Agent shall have received duly executed
counterparts hereof signed by the Borrower and the Required
Banks.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be duly executed as of the date first above
written.
CONE XXXXX CORPORATION
By: /s/Xxxxx X. Xxxx
Title: Treasurer
XXXXXX GUARANTY TRUST COMPANY
OF NEW YORK
By: /s/Xxxx X. Xxxxxxx
Title: Associate
FIRST UNION NATIONAL BANK
By: /s/Xxxxx Xxxxxxxx
Title: Vice President
NATIONSBANK, N.A.
By: /s/X. Xxxxxx Xxxxx
Title: Senior Vice President
WACHOVIA BANK OF NORTH
CAROLINA, N.A.
By: /s/X. Xxxxxxx Laight
Title: Sr. Vice President
Page 35
