1
Exhibit 10.29
Addendum
To Equipment Financing Agreement 10753
Between
AMYLIN PHARMACEUTICALS, INC.
and
LEASE MANAGEMENT SERVICES, INC.
By execution hereof, AMYLIN PHARMACEUTICALS, INC., the Debtor, consents to the
attaching of this Addendum to Equipment Financing Agreement number 10753.
LEASE MANAGEMENT SERVICES, INC. agrees to provide a line of credit equal to
$2,356,808 plus additional amounts equal to or less than on-going paydown of
current lines. Aggregate fundings under this and Debtor's prior lines are
limited to $5,000,000 "net financing" at any given time. "Net Financing" is
defined as the present value, at prime, of all remaining rent and residual
obligations. This line of credit, the terms of which are more fully described
on that certain Financing Proposal dated November 14, 1996, which is
incorporated by reference herein, is to be used to finance various capital
equipment. Debtor may utilize the credit facility until its expiration which
is December 31, 1997.
The base payment factor will be 2.365% of equipment cost, payable monthly in
advance, for each schedule under Equipment Financing Agreement Number 10753.
The yield in each schedule will be adjusted relative to changes in comparable
term U.S. Treasury Maturities. The payment factor for each schedule will be
set at the time of documentation of the schedule and will be fixed for the term
of that schedule. The payment factors herein are based on an average of the 3-
and 5-year U.S. Treasury Maturities (5.89% and 6.05%, respectively) as quoted
in the Wall Street Journal for the week ending November 8, 1996.
In the event the average of the 3- and 5-year Treasuries increase or decrease,
the yield in this transaction will be increased or decreased by a like amount.
All other terms and conditions remain the same.
In WITNESS WHEREOF, Debtor and Secured Party executed this Addendum this 30th
day of January 1997.
Debtor: Secured Party:
By:/s/ Xxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxxx
Title: Treasurer and Controller Title: EVP/General Manager
------------------------------- -------------------------------
-6-
2
LEASE MANAGEMENT SERVICES, INC.
1ST AMENDMENT
TO NEGATIVE COVENANT PLEDGE AGREEMENT
DATED JANUARY 19, 1996
BY AND BETWEEN
AMYLIN PHARMACEUTICALS, INC., AS PLEDGOR
AND
LEASE MANAGEMENT SERVICES, INC., AS PLEDGEE
Pledgor and Pledgee hereby agree to amend the Negative Covenant Pledge
Agreement as follows:
FIRST: In Paragraph 2, line 3, delete "and all schedules thereunder" and
replace with "Schedules 1 through 10".
All other terms and conditions remain the same.
PLEDGOR: PLEDGEE:
AMYLIN PHARMACEUTICALS, INC. LEASE MANAGEMENT SERVICES, INC.
By:/s/ Xxxx X. Xxxxx By:/s/ Xxxxxxx X. Xxxxxx
------------------------------- -------------------------------
Title: Treasurer and Controller Title: EVP/General Manager
------------------------------- -----------------------------
Date: January 30, 1997 Date: January 30, 1997
------------------------------- ------------------------------
-7-
3
LEASE MANAGEMENT SERVICES, INC.
1ST AMENDMENT
TO COLLATERAL SECURITY AGREEMENT
DATED JANUARY 19, 1996
BY AND BETWEEN
AMYLIN PHARMACEUTICALS, INC., AS LESSEE/DEBTOR
AND
LEASE MANAGEMENT SERVICES, INC., AS LESSOR/SECURED PARTY
Lessee/Debtor and Lessor/Secured Party hereby agree to amend the Collateral
Security Agreement as follows:
FIRST: In Paragraph 3, line 2, after the number "27" insert "and Equipment
Financing Agreement Number 10753 Schedules 01 through 11 and all subsequent
Schedules,".
SECOND: In Paragraph 3, line 3, delete the number "56" and replace with the
number "68".
All other terms and conditions remain the same.
LESSEE/DEBTOR: LESSOR/SECURED PARTY:
AMYLIN PHARMACEUTICALS, INC. LEASE MANAGEMENT SERVICES, INC.
BY: /s/ Xxxx X. Xxxxx BY: /s/ Xxxxxxx X. Xxxxxx
------------------------------- -------------------------------
TITLE: Treasurer and Controller TITLE: EVP/GM
------------------------------- -----------------------------
DATE: January 30, 1997 DATE: January 30, 1997
------------------------------- ------------------------------
-8-
