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EXHIBIT 10.39
[FLEET LETTERHEAD]
August 30, 1996
Xx. Xxxxxx X. St. Xxxxxxx
Chief Financial Officer
Summa Four, Inc.
00 Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Dear Xxx:
Reference is hereby made to the Letter Agreement (the "Agreement") executed by
and between Summa Four, Inc. and Fleet National Bank (as successor to Fleet Bank
of Massachusetts, N.A.) as of October 15, 1992 and amended as of July 28, 1993,
August 2, 1994 and August 24, 1995. We are pleased to inform you that we have
approved an extension of the Expiration Date from September 1, 1996 to September
1, 1997. Nothing herein shall be deemed to constitute a waiver, release or
amendment of any other terms of the agreement.
The Borrower represents and warrants that the execution of this amendment has
been duly authorized by the Borrower by all necessary corporate and other action
and that the execution will not conflict with, violate the provisions of, or
cause a default or constitute an event which, with the passage of time or giving
of notice or both, could cause a default on the part of the Borrower under its
charter documents or by-laws or under any contract, agreement, law, rule, order,
ordinance, franchise, instrument or other document, or result in the imposition
of any lien or encumbrance on any property or asset of the Borrower.
The Borrower further represents that this agreement and the attached Promissory
Note each represent legal, valid and binding obligations of the Borrower,
enforceable against the Borrower in accordance with their respective terms. In
addition, the statements, representations and warranties made in the Agreement
continue to be correct as of the date hereof and the Borrower is in compliance
with all terms of the Agreement. Except as expressly affected hereby, the
Agreement remains in full force and effect as heretofore.
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Xxx, we are pleased to extend the Agreement and look forward to continuing our
relationship with Summa Four. Please sign below and execute the attached note to
evidence your acceptance of this amendment.
Sincerely,
/s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxx
Vice President
High Technology Group
Agreed and Accepted: /s/ Xxxxxx X. St. Xxxxxxx 9/1/96
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by: Xxxxxx X. St. Xxxxxxx date:
title: CFO, SVP
