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EXHIBIT 10.15
AMENDMENT TO BUSINESS LOAN AGREEMENT
DATE: 11/23/99
FirstMerit Bank, N.A., is the holder of several Business Loan Agreements between
AMERICAN STONE CORPORATION and FIRSTMERIT BANK, N.A.
FOR VALUE RECEIVED, the undersigned and FirstMerit Bank, N.A. hereby acknowledge
and consent to amend said Loan Agreement as follows:
1. UNDER THE SECTION ENTITLED "NEGATIVE COVENANTS"; SUBSECTION
ENTITLED "CONTINUITY OF OPERATIONS", ADD THE FOLLOWING
PROVISIONS:
Notwithstanding the foregoing, Borrower may (i) pay quarterly
dividends to American Stone Industries, Inc. ("Parent") equal
to the interest accrued under an 8.00% Convertible
Subordinated Note, dated September 23, 1999, issued by Parent
and payable to Xxxxxxxx Ventures Limited Partnership (the
"Subordinated Note") and (ii) pay a dividend or dividends to
Parent in an amount equal to the outstanding principal amount
of the Subordinated Note upon and after maturity of the
Subordinated Note, but in any case, only so long as no Event
of Default has occurred and is continuing or would result from
the payment of any such dividends. Any payments in excess of
the accrued interest payable under the Subordinated Note prior
to its maturity are prohibited.
It is expressly agreed by the parties hereto that this Amendment to the Loan
Agreement does not change any other terms or conditions of said Loan Agreement
not specifically amended herein, and that all such terms and conditions not
amended shall remain in full force and effect and are expressly applicable to
the terms of this Amendment to Loan Agreement.
The makers, sureties, guarantors and endorsers hereby authorize and empower any
Attorney-at-Law in the State of Ohio, in our names and behalf, or in the name
and behalf of any of us to appear before any court in the State of Ohio having
statutory jurisdiction to render a cognovit judgment against any of the makers
or endorsers at any time after this obligation becomes due, and waive process
and service thereof, and, without notice, confess judgment against us, or any of
us, in favor of us, in favor of the Bank, for the amount that may appear to be
due hereon for principal, interest, damages, and cost of suit, releasing all
errors in judgment so confessed and waiving all right and benefit of appeal, and
any and all proceedings to set aside, vacate, open, suspend, or reverse such
judgment or any execution issued for the collection thereof.
FIRSTMERIT BANK, N.A. AMERICAN STONE CORPORATION
By: /s/ Xxxxxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx
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Xxxxxxxx X. Xxxxx Xxxxx X. Xxxxx
Title: Assistant Vice President Title: President
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WARNING - BY SIGNING THIS PAPER, YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT
TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU
WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT
FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR
RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT,
OR ANY OTHER CAUSE.
