AMENDMENT to Credit Facility Agreement (the "Amendment")
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Exhibit 10.19
AMENDMENT
to
Credit Facility Agreement
(the "Amendment")
The undersigned,
- 1.
- FEI Company, having its registered seat at 0000 X.X. Xxxxxxxxx Xxxxxxx, Xxxxxxxxx, Xxxxxx, Xxxxxx Xxxxxx of America,
97124-5830;
- 2.
- Philips Electron Optics International B.V., having its registered seat at Xxxxxxxxxx Xxxxx 0, 0000 XX, Xxxxxxxxx, the Netherlands,
(hereinafter called the "Borrowers")
and
- 3.
- Koninklijke Philips Electronics N.V., having its registered seat at Xxxxxxxxxxxxxxx 0, 0000 XX Xxxxxxxxx, Xxx Xxxxxxxxxxx (hereinafter called "Lender"),
WHEREAS
- •
- the
parties have signed a credit facility agreement dated February 25, 1999 for an amount of US$ 50,000,000,—(hereinafter called the
"Facility")
- •
- the parties wish to amend articles 2.1 and 13, paragraph 4 under b of the Facility;
NOW THEREFORE the parties hereby agree as follows:
- 1.
- The parties agree to amend article 2.1, article 6.2 under c and article 13.4 under b of the credit facility agreement to read as follows:
2.1 Amount
The lender grants to the Borrowers a total credit facility of 75 million US-Dollars (or its equivalent from time to time in Optional Currencies). This amount may be reduced by FEI in accordance with Clause 15 hereof (partial cancellation).
6.2
(c) As the Credit Facility is revolving, any amount prepaid before the Final Maturity Date will remain available for re-borrowing on the terms and conditions of this Agreement.
13.4
(b) the Stockholders' Equity will in the years 2000 and 2001 not be less than US-Dollars 150 million;
- 2.
- This
amendment will become effective as from the 21st of August, 2000.
- 3.
- This amendment is governed by and shall be construed in accordance with the law of the Netherlands.
1
THUS AGREED in three original copies on August 21, 2000 by
FEI Company | Koninklijke Philips Electronics N.V. | |
/s/ XXXX X. XXXXXXX Xxxx X. Xxxxxxx Xx. Vice President and Chief Financial Officer |
/s/ P. J. W. M. XXXXXXXXX |
|
/s/ XXXX X. XXXXXX Xxxx X. Xxxxxx Corporate Controller |
/s/ X. X. X. XXXX |
|
Philips Electron Optics International B.V. |
||
/s/ WOUTER DER WEDUWEN |
/s/ NICO VRIJENHOEK |
|
Wouter der Weduwen Controller |
Nico Vrijenhoek Director |
2
AMENDMENT to Credit Facility Agreement (the "Amendment")