EXHIBIT 10.01
AMENDMENT
TO
AMENDED AND RESTATED
WORKING CAPITAL FINANCING AND
TERM LOAN AGREEMENT
This Amendment ("Amendment") to the Amended and Restated Working Capital
Financing and Term Loan Agreement is made as of April 16, 1998 by and between
RADIUS INC., a California corporation ("Customer") and IBM CREDIT
CORPORATION, a Delaware corporation ("IBM Credit").
RECITALS:
A. Customer and IBM Credit have entered into that certain Amended and
Restated Working Capital Financing and Term Loan Agreement, dated as of
August 30, 1996 (as amended, supplemented or otherwise modified from time to
time, the "Agreement");
B. Customer has indicated that it is in negotiations with Silicon
Valley Bank for a line of credit and that Customer anticipates entering into
such line of credit on or prior to May 15, 1998;
C. Customer has requested that IBM Credit extend the termination date
of the Agreement to May 15, 1998 and make certain other modifications to the
Agreement;
D. Whereas, IBM Credit is willing to extend the termination date and make
certain other modifications to the Agreement, in each case, on the terms and
subject to the conditions set forth in this Amendment.
AGREEMENT
NOW THEREFORE, in consideration of the premises set forth herein, and
for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Definitions. All capitalized terms not otherwise defined herein
shall have the respective meanings set forth in the Agreement.
Section 2. Amendment. The Agreement is hereby amended as follows:
(1) Attachment A to the Agreement is hereby amended by deleting such
Attachment A in its entirety and substituting, in lieu thereof, the
Attachment A attached hereto.
(2) Section 1.1 of the Agreement is hereby amended by deleting the
definition of "Termination Date" in its entirety and substituting, in lieu
thereof, the following definition of "Termination Date":
"Termination Date": shall mean May 15, 1998 or such other date
as IBM Credit and Customer shall agree to in writing.
(3) The Agreement is hereby amended by inserting therein the
following new term:
"In consideration of the extension of the Termination Date
to May 15, 1998 and for other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged,
Customer shall pay to IBM Credit an
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extension fee equal to Five Thousand Dollars ($5,000.00) on
or prior to April 30, 1998. Such fee payable to IBM Credit
hereunder shall be nonrefundable and shall be in addition to
any other fees IBM Credit may charge to Customer."
Section 4. Rights and Remedies. Except to the extent specifically amended
herein IBM Credit reserves any and all rights and remedies that IBM Credit
now has or may have in the future with respect to Customer, including any and
all rights or remedies which it may have in the future as a result of
Customer's failure to comply with its financial covenants to IBM
Credit. Except to the extent specifically amended herein the Agreement shall
remain in full force and effect and neither this Amendment, any of IBM
Credit's actions or IBM Credit's failure to act shall be deemed to be a
waiver or modification of any such rights or remedies.
Section 5. Governing Law. This Amendment shall be governed by and interpreted
in accordance with the laws which govern the Agreement.
Section 6. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be an original and all of which shall
constitute one agreement.
IN WITNESS WHEREOF, this Amendment has been executed by duly
authorized representatives of the undersigned as of the day and year first
above written.
RADIUS INC. IBM CREDIT CORPORATION
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx Xxxxxxx
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Name: Xxxxx X. Xxxxxx Name: Xxxxx Xxxxxxx
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Title: CFO Title: AOM
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