Exhibit 4.6
EMCOR GROUP, INC.
FIFTH AMENDMENT TO CREDIT AGREEMENT
Xxxxxx Trust and Savings Bank
Chicago, Illinois and the
other Lenders from time to time
party to the Credit
Agreement referred to below
Gentlemen:
We refer to the Credit Agreement dated as of June 19, 1996 as amended
and currently in effect between EMCOR Group, Inc., DYN Specialty Contracting,
Inc., Drake & Xxxxx Engineering Ltd. and you (the "Credit Agreement"),
capitalized terms used without definition below to have the meanings ascribed to
them in the Credit Agreement. Upon your acceptance hereof in the space provided
for that purpose below, this letter shall serve to amend the Credit Agreement as
follows:
Section 4.3 of the Credit Agreement (which was added thereto by the
December 24, 1996 Second Amendment to Credit Agreement) shall be amended by
striking the date "April 30, 1997" appearing therein and substituting the date
"June 30, 1997" therefor.
This Fifth Amendment to Credit Agreement shall become effective upon
receipt by the Agent of counterparts hereof which, taken together, bear the
signatures of the Borrowers and the Lenders but upon satisfaction of such
condition the effectiveness hereof shall relate back to April 30, 1997 all with
the same force and effect as though the Borrowers and the Lenders had executed
same on such date. Except as specifically amended hereby, all of the terms,
conditions and provisions of the Credit Agreement shall stand and remain
unchanged and in full force and effect. No reference to this Fifth Amendment to
Credit Agreement need be made in any instrument or document at any time
referring to the Credit Agreement, a reference to the Credit Agreement in any of
such to be deemed to be a reference to the Credit Agreement as amended hereby.
This Fifth Amendment to Credit Agreement shall be construed in accordance with
and governed by the laws of Illinois and may be executed in counterparts and by
separate parties hereto on separate counterparts, each to constitute an original
but all one and the same instrument.
Dated as of this 16th day of May 1997 but to become Effective as of
April 30, 1997 as aforesaid.
EMCOR GROUP, INC.
By /s/ Xxxxx X. XxxXxxxx
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Its Chairman of the Board
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DYN SPECIALTY CONTRACTING INC.
By /s/ Xxxxxxx X. Xxxx
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Its President
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DRAKE & XXXXX ENGINEERING LTD.
By /s/ Xxxxx X. XxxXxxxx
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Its Chairman of the Board
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XXXXXXXX CANADA, LTD.
By /s/ Xxxxx X. XxxXxxxx
------------------------------------
Its Chairman of the Board
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Accepted and agreed as of the date last above written.
XXXXXX TRUST AND SAVINGS BANK
By /s/ Xxx X. Xxxxxxx
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Its Vice President
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BANK OF SCOTLAND.
By /s/ Xxxxx Xxxx Tat
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Its Vice President
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LASALLE NATIONAL BANK
By /s/ Xxxxxx X. Xxxxxxxx
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Its Senior Vice President
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CORESTATES BANK, N.A.
By /s/ Xxxxxxx X. Xxxxxx
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Its Vice President
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