AMENDMENT TO AMENDED AND RESTATED SECURITY AGREEMENT
AMENDMENT TO AMENDED AND RESTATED SECURITY AGREEMENT
BETWEEN PLASMA-THERM, INC., A FLORIDA CORPORATION (THE
"DEBTOR"), AND NATIONSBANK OF FLORIDA, N.A., A NATIONAL
BANKING ASSOCIATION ("SECURED PARTY"), DATED JANUARY 19, 1995
("SECURITY AGREEMENT").
WHEREAS, Debtor and Secured Party entered into the
Security Agreement on January 19, 1995.
WHEREAS, on the date hereof, Secured Party has increased
the Line of Credit Note (as said term is defined in the
Security Agreement) by the amount of ONE MILLION AND NO/100
DOLLARS ($1,000,000.00) (the "Third Future Advance"), which
Third Future Advance has been consolidated with the Line of
Credit Note pursuant to the terms of that certain Future
Advance, Consolidation and Modification Agreement dated of
even date herewith.
WHEREAS, on the date hereof, Secured Party has also
agreed to allow Debtor to renew the Letter of Credit Line (as
said term is defined in the Security Agreement).
WHEREAS, Debtor and Secured Party desire to modify some
of the terms and conditions set forth in the Security
Agreement, affirm that the terms of the Security Agreement
apply with full force and effect to the Third Future Advance
and the renewal of the Letter of Credit Line, and otherwise
ratify and reaffirm the terms and conditions of the Security
Agreement.
NOW, THEREFORE, it is agreed as follows:
1. The address of the Secured Party contained in the
first paragraph of the Security Agreement is hereby changed
to:
000 X. Xxxxxx Xxxxx, 0xx Xxxxx
Xxxxx, Xxxxxxx 00000
2. The address of the Secured Party contained in
Section 9 of the Security Agreement is also changed as
follows:
000 X. Xxxxxx Xxxxx, 0xx Xxxxx
Xxxxx, Xxxxxxx 00000
Attn: Xxxxx X. Xxxxxx, Xx., Vice President
Telephone: 000-000-0000
Telecopy: 000-000-0000
3. Section 2(b) of the Security Agreement is hereby
deleted in its entirety and the following is inserted in lieu
thereof:
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Amendment to Restated Security Agreement
(b) Third Consolidation Line of Credit
Promissory Note dated November 17, 1995 in
the original principal amount of
$3,000,000.00 (the "Line of Credit Note");
4. Secured Party and Debtor hereby agree that all terms
and conditions set forth in the Security Agreement, as amended
by this Amendment, shall apply with full force and effect to
the Third Future Advance as if the Third Future Advance has
been extended on the date of the Security Agreement and
specifically referred to in the Security Agreement.
5. Except as otherwise set forth herein, all terms,
conditions and covenants of the Security Agreement shall
remain the same and shall be fully binding upon and
enforceable by the Secured Party and Debtor pursuant to their
terms.
IN WITNESS WHEREOF, Debtor and Secured Party have
executed this Amendment the day and year first above written.
Signed, sealed and delivered
in the presence of:
PLASMA-THERM, INC., a Florida
corporation
/s/Xxxxx XxXxxxxxx By: /s/Xxxxxx X. Xxxxxxxxx
(Signature of Witness) Xxxxxx X. Xxxxxxxxx
Xxxxx XxXxxxxxx President
(Print Name of Witness)
/s/Xxxx X. Street (CORPORATE SEAL)
(Signature of Witness)
Xxxx X. Street
(Print Name of Witness)
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Amendment to Restated Security Agreement 2
NATIONSBANK OF FLORIDA, N.A., a
national banking association
/s/Sadahri X. Xxxxx By: /s/Xxxxx Xxxxx
(Signature of Witness) Xxxxx X. Xxxxx
Sadahri X. Xxxxx Its Vice President
(Print Name of Witness)
(CORPORATE SEAL)
/s/Xxxx X. Street
(Signature of Witness)
Xxxx X. Street
(Print Name of Witness)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me
this 17 day of November, 1995, by XXXXXX X. XXXXXXXXX, as the
President of PLASMA-THERM, INC., a Florida corporation, on
behalf of the corporation. He XX is personally known to me or
has produced as identification.
/s/Xxxx X. Street
Xxxx X. Street
(SEAL) (Print Name of Notary Public)
Notary Public
My Commission Expires:
NOTARY PUBLIC
STATE OF FLORIDA
"OFFICIAL SEAL"
Xxxx X. Street
My Commission Expires 4/26/96
Commission #CC 196605
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Amendment to Restated Security Agreement 3
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me
this 17 day of November, 1995, by XXXXX X. XXXXX, as the Vice
President of NATIONSBANK OF FLORIDA, N.A., a national banking
association, on behalf of the association. She is
personally known to me or XX has produced drivers license
as identification.
/s/Xxxx X. Street
Xxxx X. Street
(SEAL) (Print Name of Notary Public)
Notary Public
My Commission Expires:
NOTARY PUBLIC
STATE OF FLORIDA
"OFFICIAL SEAL"
Xxxx X. Street
My Commission Expires 4/26/96
Commission #CC 196605
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Amendment to Restated Security Agreement 4
