Exhibit 10.15
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AMENDMENT TO NOTE AGREEMENT
AMENDMENT, dated as of January 1, 1999, to Note Agreement
dated as of June 27, 1990 between BURLINGTON COAT FACTORY
WAREHOUSE CORPORATION (the "Company") and each of the holders
(the "Holders") of the Company's 10.60% Subordinated Notes due
June 27, 2005 (as amended, the "Note Agreement"). Capitalized
terms used herein without definition have the meanings ascribed
to such terms in the Note Agreement.
W I T N E S S E T H :
- - - - - - - - - -
WHEREAS, the Holders and the Company have executed and
delivered the Note Agreement and the Holders hold the Notes
issued thereunder,
WHEREAS, the Company wishes to amend certain terms of the
Note Agreement,
WHEREAS, the Holders are willing to amend such terms of Note
Agreement, all on the terms and conditions set forth below.
NOW THEREFORE, in consideration of the foregoing and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as
follows:
1. Amendment.
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Subparagraph (iv) of Paragraph 6(B)5 of the Note Agreement
is hereby amended and restated in its entirety as follows:
"(iv) own, purchase or acquire marketable direct
obligations issued or unconditionally guaranteed by the United
States of America or any agency thereof and maturing within five
years from the date of acquisition thereof;"
2. Miscellaneous.
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(a) This Amendment shall be effective as of the date above
written upon the delivery to the Holders of a copy hereof duly
executed by the Company and the Holders. Except as set forth
herein, this amendment shall not constitute a waiver or amendment
of any provision of the Note Agreement and the Note Agreement is
and shall continue to be in full force and effect.
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(b) This Amendment may be executed in any number of
counterparts, each of which counterparts shall be an original and
all of which taken together shall constitute one and the same
Amendment.
(c) On and after the date of this Amendment, each reference in
the Note Agreement and the Notes to the Note Agreement shall mean
and be a reference to the Note Agreement as amended by this
Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on their behalf by a duly authorized
officer.
BURLINGTON COAT FACTORY
WAREHOUSE CORPORATION
By: /s/ Xxxxxx X. XxXxxxx
------------------------
Name: Xxxxxx X. XxXxxxx
Title: Chief Accounting Officer
THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA
By: /s/ Xxxxxx X. Xxxxxxxx
------------------------
Name: Xxxxxx X. Xxxxxxxx
Title: Vice President
NATIONAL OLD LINE INSURANCE
COMPANY
By:
------------------------
Name:
Title:
AUSA LIFE INSURANCE COMPANY
By:
-----------------------
Name:
Title:
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GENERAL AMERICAN LIFE INSURANCE
COMPANY
By:
-----------------------
Name:
Title:
LIFE INSURANCE COMPANY OF THE
SOUTHWEST
By:
-----------------------
Name:
Title:
SAFECO LIFE INSURANCE COMPANY
By: /s/ Xxxx Xxxxxxxxx
-----------------------
Name: Xxxx Xxxxxxxxx
Title: Vice President
THE UNION CENTRAL LIFE INSURANCE
COMPANY
By:
-----------------------
Name:
Title:
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