FIRST AMENDMENT TO
UNSECURED REVOLVING CREDIT AGREEMENT
This First Amendment to Unsecured Revolving Credit Agreement,
ed as of June 22, 1999 (this "Amendment"), is entered into by and between
ESIDE LENDING, INC., a Florida corporation (the "Borrower"), and NATIONAL
TRALIA BANK LIMITED A.C.N.004044937, an Australian corporation (the "Lender")
amends that certain Unsecured Revolving Credit Agreement between Borrower
Lender dated as of June 23, 1998 (the "Agreement").
RECITALS
Borrower has requested that Lender renew the loans as described in the
eement and amend certain terms of the Agreement, and the Lender has agreed to
h request, upon the terms and subject to the conditions set forth herein.
Therefore, in consideration of the premises and mutual agreements
tained herein, and for other good and valuable consideration, the receipt and
ficiency of which is hereby acknowledged, the parties hereto hereby agree as
lows:
Definitions. All terms defined in the Agreement shall have such defined
meanings when used herein unless otherwise defined herein.
Extension of Maturity Date. The definition of "Maturity Date" is hereby
deleted and replaced in its entirety by the following new definition
thereof:
"Maturity Date" means June 21, 2000 or such earlier date as the Loans
may be due and payable pursuant to Section 4.
Increase in Amount of Loans. The maximum amount of revolving credit loans
that Lender agrees to make, subject to the Regulatory Limitation, is
increased from $2,100,000,000 to $2,500,000,000. The first sentence of
Section 2 of the Agreement is hereby deleted and replaced in its entirety
by the following:
Subject to the Regulatory Limitation, and the terms and conditions
hereof and so long as no Event of Default (as defined herein) has
occurred and is continuing, the Lender agrees to make revolving credit
loans (the "Loans") to the Borrower from time to time during the
period from the date on which all of the conditions set forth in
Section 6 hereof have been satisfied through but not including the
Maturity Date (as defined in the Note) in an aggregate principal
amount not to exceed $2,500,000,000 outstanding at any time.
No Further Amendment. Except as expressly amended herein, the Agreement
shall continue to be, and shall remain, in full force and effect. This
Amendment shall not be deemed to be a waiver of, or consent to, or a
modification or amendment of, any other term or condition of the Agreement
or to prejudice any other right or rights which the Lender may now have or
may have in the future under or in connection with the Agreement, as the
same may be amended from time to time.
Counterparts. This Amendment may be executed by one or more of the parties
hereto in any number of separate counterparts and all of said counterparts
taken together shall be deemed to constitute one and the same instrument.
Governing Law. This Amendment shall be governed by, and construed and
interpreted in accordance with, the laws of the State of New York.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
cuted and delivered by their respective duly authorized officers as of the
e first above written.
HOMESIDE LENDING, INC.
By: /s/Xxxx X. Xxxxxxx
Title: Senior Vice President
NATIONAL AUSTRALIA BANK LIMITED A.C.N.004044937
By: /s/Xxxxxxx X. XxXxxx
Title: Vice President
