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EXHIBIT 10.39.2
FIRST AMENDMENT TO CREDIT AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AGREEMENT ("First Amendment") is made
and entered into as of the 22nd day of March, 1999, by and between ASA HOLDINGS,
INC., a Georgia corporation ("Borrower"), NATIONSBANK, N.A., SOUTHTRUST BANK,
N.A., SUNTRUST BANK, ATLANTA, and WACHOVIA BANK, N.A. (the "Lenders"), and
NATIONSBANK, N.A., as Administrative Agent and Issuing Bank ("Administrative
Agent").
WITNESSETH:
WHEREAS, Borrower, Lenders and Administrative Agent entered into a
credit agreement (the "Credit Agreement") dated as of June 26, 1998 by and among
Borrower, the Lenders, the Administrative Agent and Nationsbanc Xxxxxxxxxx
Securities LLC, as Arranger; and
WHEREAS, no Loans are outstanding under the Credit Agreement as of
March 22, 1999; and
WHEREAS, the parties wish to terminate the Credit Agreement.
NOW, THEREFORE, for and in consideration of each party's agreement to
be bound hereby, and for other good and adequate consideration, the parties do
hereby agree as follows:
1. The term "Termination Date" in Section 1.1 of the Credit Agreement
is hereby amended in its entirety to read as follows:
"Termination Date" means 12:01 a.m. March 22, 1999.
2. All other capitalized terms used and not otherwise defined herein
have the same meaning ascribed to them in the Credit Agreement.
3. This First Amendment may be executed in one or more counterparts in
accordance with Section 13.14 of the Credit Agreement.
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IN WITNESS WHEREOF, the Borrower, Lenders and Administrative Agent have
each caused this Termination Agreement to be executed by its duly authorized
officers and its seal to be affixed hereto as of March 22nd 1999.
THE BORROWER: THE ADMINISTRATIVE AGENT
AND ISSUING BANK:
ASA HOLDINGS, INC. NATIONSBANK, N.A.
By: /s/ Xxxxxx X. Xxxx By: /s/ Xxxx XxXxxxxx
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Title Senior Vice President-Finance Title Vice President
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THE LENDERS:
NATIONSBANK, N.A., as a Lender SUNTRUST BANK, ATLANTA
By: /s/ Xxxx XxXxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxx
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Title Vice President Title Vice President
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By: /s/ Xxxx X. Xxxxxxx
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Title Officer
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SOUTHTRUST BANK, N.A. WACHOVIA BANK, N.A.
By: /s/ Xxx Xxxxxxxx By: /s/ Xxxx X. Xxxxxx
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Title Vice President Title Vice President
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