Exhibit 10.14(a)
BANK OF AMERICA
Bank of America Commercial Finance
NYI-503-06-08
000 Xxxxxxx Xxxxxx
0/xx/ Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
November 29, 2000
Miss Xxxxx, Inc.
000 Xxxxx Xxxxxx
Xxxxxxxxx, XX 00000
RE: Factoring Agreement between us dated September 25, 1997, as amended (the
"Factoring Agreement")
Gentlemen:
Effective November 29, 2000, the Factoring Agreement shall be amended by
deleting the first sentence of Section 11 and in lieu thereof substituting the
following:
"If accepted by you, this Agreement shall be effective on the 25th day of
September, 1997, and shall continue in full force and effect until: (a)
December 1, 2003, and from year to year thereafter until terminated by our
giving to you not less than sixty (60) days prior written notice; or (b)
terminated at any time by your giving to us not less than sixty (60) days
prior written notice."
In addition, it is hereby agreed that at any time during the term of the
Factoring Agreement, upon sixty (60) days notice to us, so long as (i) no
Default has occurred thereunder and (5) the Overadvance Amount (as defined in
the Second Amended and Restated Financing Agreement) incurred on the Effective
Date of such Financing Agreement has been paid in full and reduced to zero for
at least one (1) day, we will modify the Factoring Agreement to provide
factoring services on a non-notification basis at the same commission rate as
Xxxx-Xx Knitwear Inc.
Except as amended herein, all other terms and conditions of the Factoring
Agreement shall remain unchanged and in full force and effect. Would you please
indicate your agreement to the foregoing by signing where indicated below.
Banc of America Commercial Corporation
By: /s/ Xxxxxx X. Xxxxxxx S.V.P.
----------------------------------
(Title)
Read and Agreed:
Miss Xxxxx, Inc.
By /s/ Xxxxxx X. Xxxxxx C.F.O.
-----------------------------------
(Title)
