June 30, 1999 Iomega Corporation 1821 West Iomega Way Roy, Utah 84067 Attention: Tracy Welch Senior Director, Treasurer Dear Sirs: We refer to the Amended and Restated Credit Agreement dated as of July 15, 1998, as amended by Amendment No. 1 dated as...
[CONFORMED COPY]
WAIVER
June 30, 1999
Iomega Corporation
0000 Xxxx Xxxxxx Xxx
Xxx, Xxxx 00000
Attention: Xxxxx Xxxxx
Senior Director, Treasurer
Dear Sirs:
We refer to the Amended and Restated Credit Agreement dated as of July
15, 1998, as amended by Amendment No. 1 dated as of January 29, 1999 and
Amendment No. 2 dated as of June 15, 1999 (the "Credit Agreement"), among Iomega
Corporation, the banks party thereto, Citibank, N.A., as Administrative Agent,
and Xxxxxx Guaranty Trust Company of New York, as Documentation Agent. Terms
defined in the Credit Agreement are used herein as therein defined.
The undersigned hereby waive the provisions of Section 5.13 for the
four consecutive fiscal quarters ended June 30, 1999, provided that Consolidated
EBITDA for such period is at least $85,000,000.
This Waiver shall be governed by and construed in accordance with the
laws of the State of New York. It shall become effective when the Documentation
Agent shall have received counterparts hereof signed by you and the Required
Banks.
Very truly yours,
CITIBANK, N.A.
By: /s/ X. Xxxxxx Xxxxxx
--------------------------
Name: X. Xxxxxx Xxxxxx
Title: Vice President
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK
By: /s/ Xxx Xxxxxxx
--------------------------
Name: Xxx Xxxxxxx
Title: Vice President
FLEET NATIONAL BANK
By:
--------------------------
Name:
Title:
BANK OF AMERICA NATIONAL
TRUST AND SAVINGS BANK
By: /s/ Xxxxx Xx Xxxxx
--------------------------
Name: Xxxxx Xx Xxxxx
Title: Managing Director
FIRST SECURITY BANK, N.A.
By: /s/ Xxxx X. Xxxxx
--------------------------
Name: Xxxx X. Xxxxx
Title: Vice President
KEYBANK NATIONAL ASSOCIATION
By: /s/ Xxxx X. Xxxxx
--------------------------
Name: Xxxx X. Xxxxx
Title: Assistant Vice President
ABN AMRO BANK N.V.
By: /s/ Xxxxx Xxxxxx
--------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
By: /s/ Xxxxxx Xxxxxx
Name: Xxxxxx Xxxxxx
Title: Vice President
THE SUMITOMO TRUST & BANKING CO., LTD.
By:
--------------------------
Name:
Title:
THE NORTHERN TRUST COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx
--------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Vice President
THE CIT GROUP/BUSINESS CREDIT, INC.
By: /s/ Xxxxx Xxxxxxx
--------------------------
Name: Xxxxx Xxxxxxx
Title: Vice President
UNION BANK OF CALIFORNIA, N.A.
By: /s/ Xxxxx Xxxxxx
--------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
The Borrower hereby acknowledges receipt, and consents to the provisions, of
this Waiver.
IOMEGA CORPORATION
By: /s/ Xxxxx X. Xxxxx
------------------------
Name: Xxxxx X. Xxxxx
Title: Senior Director, Treasurer
