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Exhibit 10.1
AMENDMENT TO DOCUMENTS
AMENDMENT NO. 1 TO BUSINESS LOAN AGREEMENT
This Amendment No. 1 (the "Amendment") dated as of May 19, 1999, is between
Bank of America National Trust and Savings Association (the "Bank") and Cohu,
Inc. (the "Borrower").
RECITALS
A. The Bank and the Borrower entered into a certain Business Loan
Agreement dated as of June 15, 1998 (the "Agreement").
B. The Bank and the Borrower desire to amend the Agreement.
AGREEMENT
1 DEFINITIONS. Capitalized terms used but not defined in this Amendment
shall have the meaning given to them in the Agreement.
2 AMENDMENTS. The Agreement is hereby amended as follows:
2.1 In Paragraph 1.2 of the Agreement, the date "MAY 1, 2000" is
substituted for the date "MAY 1, 1999".
2.2 In Paragraph 6.3 of the Agreement, the ratio "2.25:1.0" is
substituted for the ratio "1.5:1.0".
2.3 In Paragraph 6.4 of the Agreement, the amount "ONE HUNDRED THIRTY
MILLION DOLLARS ($130,000,000)" is substituted for the amount
"ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000)".
2.4 A new Paragraph 6.19 is added to the Agreement, which reads in
its entirety as follows:
"6.19 BANK AS PRINCIPAL DEPOSITORY. To maintain the Bank as its
principal depository bank, including for the maintenance of business, cash
management, operating and administrative deposit accounts."
3 REPRESENTATIONS AND WARRANTIES. When the Borrower signs this
Amendment, the Borrower represents and warrants to the Bank that: (a) there is
no event which is, or with notice or lapse of time or both would be, a default
under the Agreement except those events, if any, that have been disclosed in
writing to the Bank or waived in writing by the Bank, (b) the representations
and warranties in the Agreement are true as of the date of this Amendment as if
made on the date of this Amendment, (c) this Amendment is within the Borrower's
powers, has been duly authorized, and does not conflict with any of the
Borrower's organizational papers, and (d) this Amendment does not conflict with
any law, agreement, or obligation by which the Borrower is bound.
4 EFFECT OF AMENDMENT. Except as provided in this Amendment, all of
the terms and conditions of the Agreement shall remain in full force and effect.
This Amendment is executed as of the date stated at the beginning of
this Amendment.
BANK OF AMERICA Cohu, Inc.
NATIONAL TRUST AND SAVINGS ASSOCIATION
X /s/ Xxxx X. Tuomanien, Jr. X /s/ Xxxx X. Xxxxx
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By: Xxxx X. Xxxxxxxxx, Xx., Vice President By: Xxxx X. Xxxxx,
Vice President Finance & CFO
