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EXHIBIT 10.2
FIRST AMENDMENT TO BUSINESS LOAN AGREEMENT
This First Amendment to Business Loan Agreement (the "Amendment") is made
as of April 17, 2001, between Bank of America, N. A.("Bank") and Pacific Sunwear
of California, Inc., a California corporation ("Borrower").
RECITALS
A. Borrower and Bank entered into that certain Business Loan Agreement dated
as of April 3, 2001 (the "Agreement").
B. Borrower and Bank desire to amend certain terms and provisions of 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 subsection (b) of Section 2.4 of the Agreement, the term "Facility
No. Two Expiration Date" is substituted for the term "Facility No. One
Expiration Date" in each instance where such term appears.
3. Representations and Warranties. Borrower hereby represents and warrants to
Bank that: (i) no default specified in the Agreement and no event which
with notice or lapse of time or both would become such a default has
occurred and is continuing and has not been previously waived (ii) the
representations and warranties of Borrower pursuant to the Agreement are
true on and as of the date hereof as if made on and as of said date, (iii)
the making and performance by Borrower of this Amendment have been duly
authorized by all necessary action, and (iv) no consent, approval,
authorization, permit or license is required in connection with the making
or performance of the Agreement as amended hereby.
4. Effect of Amendment. Except as provided in this Amendment, the Agreement
shall remain in full force and effect and shall be performed by the parties
hereto according to its terms and provisions.
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IN WITNESS WHEREOF, this Amendment has been executed by the parties hereto
as of the date first above written.
BANK OF AMERICA, N.A.
By: /s/ XXXX X. XXXXXXXXX
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Name: Xxxx X. Xxxxxxxxx
Title: Vice President
PACIFIC SUNWEAR OF CALIFORNIA, INC.
By: /s/ XXXX X. XXXXXX
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Name: Xxxx X. Xxxxxx
Title: Chairman of the Board and
Chief Executive Officer
By: /s/ XXXX X. XXXXXX
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Name: Xxxx X. Xxxxxx
Title: Senior Vice President, Chief
Financial Officer and
Secretary
