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EXHIBIT 10.15
AMENDMENT AGREEMENT
BORROWER: SYNQUEST, INC.
ADDRESS: 0000 XXXXXXX XXXX, XXXXX 000
XXXXXXXX, XXXXXXX 00000
DATE: MARCH 29, 2000
THIS AMENDMENT AGREEMENT (this "Agreement") is entered into between
GREYROCK CAPITAL, a Division of Banc of America Commercial Finance Corporation
("GC") (formerly known as Nations Credit Commercial Corporation), whose address
is 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx 00000, and the
Borrower named above ("Borrower").
GC and Borrower agree to amend and supplement the Loan and Security
Agreement between them, dated July 10, 1996, as amended (as amended, the "Loan
Agreement"), as follows. (This Agreement, the Loan Agreement, any prior written
amendments to the Loan Agreement signed by GC and Borrower, and all other
written documents and agreements between GC and Borrower, and all other written
documents and agreements between GC and the Borrower, are referred to herein
collectively as the "Loan Documents." Capitalized terms used but not defined in
this Agreement shall have the meanings set forth in the Loan Agreement.
1. Amendments. (a) Section 1 of the Schedule (captioned "Credit
Limit") is amended as follows:
(i) The definition of "Aggregate Commitment" is amended and
restated in its entirety to read: "Aggregate Commitment" means an amount of up
to $20,000,000 at any one time."
(ii) The definition of "Overadvance Commitment" is amended and
restated in its entirety to read: Overadvance Commitment" means an amount of up
to $5,000, 000 at any one time."
(b) Section 4 of the Schedule (captioned "Maturity Date") is
amended by replacing the date "March 31, 2000" with the date "December 31,
2000".
2. Representations True. To induce GC to enter into this
Agreement, Borrower hereby confirms and restates, as of the date hereof, the
representations and warranties made by it in Section 3 of the Loan Agreement.
For the purposes of this Section 2 each reference in Section 3 of the Loan
Agreement to "this Agreement," and the works "hereof," "herein," "hereunder," or
words of like import in such Section, shall mean and be a reference to the Loan
Agreement as amended by this Agreement.
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3. General Provisions. GC's execution and delivery of, or
acceptance of, this Agreement and any other documents and instructions in
connection herewith shall not be deemed to create a course of dealing or
otherwise create any express or implied duty by it to provide any other or
further amendments, consents or waivers in the future. This Agreement, the Loan
Agreement, and the other Loan Documents set forth in full all of the
representations and agreements of the parties with respect to the subject matter
hereof and supersede all prior discussions, representations, agreements and
understandings between the parties with respect to the subject hereof. Except as
herein expressly amended and supplemented, all of the terms and provisions of
the Loan Agreement and other Loan Documents shall continue in full force and
effect and the same hereby ratified and confirmed. This Agreement forms part of
the Loan Agreement and the terms of the Loan Agreement are incorporated herein
by reference.
Borrower: GC:
SYNQUEST, INC. GREYROCK CAPITAL,
A DIVISION OF BANC OF AMERICA COMMERCIAL
FINANCE CORPORATION
BY: /s/ Xxxx Xxxxxxx BY: /s/ Xxxx Xxxxxx
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TITLE: EXECUTIVE VICE-PRESIDENT TITLE: XXXX XXXXXX
FINANCE AND ADMINISTRATION SR. VICE PRESIDENT
