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EXHIBIT 10.39
AMENDMENT TO LOAN DOCUMENTS
Borrower: Digital Microwave Corporation
Address: 000 Xxxx Xxxxxxx Xxx
Xxx Xxxx, Xxxxxxxxxx
Date: As of June 25, 1996
THIS AMENDMENT TO LOAN DOCUMENTS is entered into between Coast Business
Credit, a division of Southern Pacific Thrift & Loan Association (successor by
merger to CoastFed Business Credit Corporation) ("Coast"), whose address is
00000 Xxxxxxxx Xxxx., Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx and the borrower named
above (the "Borrower").
The Parties agree to amend the Amended and Restated Accounts and
Inventory Collateral Security Agreement between them, dated June 25, 1996 (the
"Accounts Agreement"), as follows. (This Amendment, the Accounts Agreement, the
Loan and Security Agreement between Coast and Borrower dated June 25, 1996 (the
"Loan Agreement"), any prior written amendments to said agreements signed by
Coast and the Borrower, and all other written documents and agreements between
Coast and the Borrower are referred to herein collectively as the "Loan
Documents." Capitalized terms used but not defined in this Amendment shall have
the meanings set forth in the Loan Agreement.)
1. Eligible Receivables. Clause (ii) of Exhibit A to the Accounts
Agreement, which presently reads: "(ii) ... are on terms which require
payment in full within 30 days from the date of invoice and are not
unpaid more than 90 days from the date of the original invoice
applicable thereto," is amended to read as follows:
"(ii) ...are not unpaid more than 90 days from the date of the original
invoice applicable thereto."
2. Representations True. Borrower represents and warrants to Coast that
all representations and warranties set forth in the Loan Agreement, as
amended hereby, are true and correct.
3. General Provisions. This Amendment, the Loan Agreement, and the other
Loan Documents set forth in full all of the representations and
agreements of the parties with respect to the subject matter hereof and
supersede all prior discussions, representations, agreements and
understandings between the parties with respect to the subject hereof.
Except as herein expressly amended, all of the terms and provisions of
the Loan Agreement and the other Loan Documents shall continue in full
force and effect and the same are hereby ratified and confirmed.
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Borrower: Coast:
Digital Microwave Corporation Coast Business Credit, a division of
Southern Pacific Thrift & Loan Association
By: /s/ Xxxx X. Xxxxxxx By: /s/ Edit Kondorosi
______________________________ _______________________________________
Xxxx X. Xxxxxxx Edit Kondorosi
Vice President & Chief Vice President
Financial Officer
