FOURTH AMENDMENT TO LOAN AGREEMENT
THIS AMENDMENT is made this 30 day of March, 2001, by and between
AMERICAN TECHNICAL CERAMICS CORP. (the "Borrower"), a Delaware corporation, and
BANK OF AMERICA, N.A. (the "Bank"), successor to NationsBank, N.A., successor by
merger to Xxxxxxx Bank, N.A.
Recitals
The Borrower and the Bank entered into a Loan Agreement (as amended
from time to time, the "Loan Agreement") dated November 25, 1998, pursuant to
which the Bank has provided a credit facility to the Borrower. The parties
amended the Loan Agreement on February 4, 1999, April 13, 2000, and October 26,
2000 and the parties wish to further amend the Loan Agreement in accordance with
the terms hereof.
NOW, THEREFORE, for good and valuable consideration, the parties agree
as follows:
1. Section 4.01 of the Loan Agreement is hereby amended so that,
from and after the date hereof, such section shall read as follows:
4.01 Obligations.
(a) The Borrower and its consolidated subsidiaries are not and
will not become directly or indirectly obligated in any way for any
obligation for borrowed money except for Permitted Obligations. For
purposes hereof, Permitted Obligations shall mean:
(i) any and all obligations shown on the most recent
financial statements of the Borrower provided by the Borrower to
the Bank on or before the date hereof;
(ii) any and all obligations for borrowed money now or
hereafter owed by the Borrower or any of its consolidated
subsidiaries to the Bank;
(iii) customer deposits in the ordinary course of business;
and
(iv) other obligations for borrowed money so long as: (aa)
the aggregate principal amount of such obligations, on a combined
basis, incurred from and after December 31, 2000, does not exceed
$10,000,000; and (bb) such obligations are not secured by
inventory or accounts receivable.
(b) Neither the Borrower nor any of its consolidated subsidiaries
shall: (i) guarantee or purchase any obligations of any other person or
entity; (ii) enter into any credit support, financial maintenance,
credit enhancement or similar arrangement in favor of any person or
entity; or (iii) enter into any other transaction which is intended to
assure performance of the obligations of any other person or entity,
other than, in the case of
each of clause (i), (ii) and (iii), in respect of obligations of or in
favor of the Borrower, any consolidated subsidiary of the Borrower,
Xxxxxx Xxxxxxx or V.P.I. Properties Associates.
2. The Loan Agreement shall continue in full force and effect except
as modified herein.
DATED the day and year first above written.
AMERICAN TECHNICAL CERAMICS CORP.
By:
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Its:
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BANK OF AMERICA, N.A.
By:
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Its:
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