EXHIBIT 10.6.1
[North Carolina]
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENT
& SECURITY AGREEMENT
between
DAY INTERNATIONAL, INC., Grantor,
XXXXXX X. XXXXXX, Trustee
and
SOCIETE GENERALE, as Administrative Agent, Beneficiary
DATED AS OF OCTOBER 19, 1999
AFTER RECORDING, PLEASE RETURN TO:
Xxxxxx X. Xxxxx, Esq.
XXXXXXX XXXXXXX & XXXXXXXX
(a partnership which includes
professional corporations)
000 Xxxxxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENT
& SECURITY AGREEMENT
THIS FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENT &
SECURITY AGREEMENT, dated as of October 19, 1999, is made between DAY
INTERNATIONAL, INC., a Delaware corporation ("GRANTOR"), whose address is c/o
Day International Group, Inc., 000 Xxxx Xxxxxx Xxxxxx, Xxxxxx, XX 00000, XXXXXX
X. XXXXXX ("TRUSTEE") whose address is c/o First American Title Insurance
Company, 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxx Xxxxxxxx 00000 and SOCIETE
GENERALE, whose address is 1221 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx
00000, as Administrative Agent (in such capacity, "BENEFICIARY") for the several
banks and other financial institutions (the "LENDERS") from time to time parties
to the Amended and Restated Senior Secured Credit Agreement dated as of October
19, 1999, (as the same may be amended, supplemented, waived or otherwise
modified from time to time the "CREDIT AGREEMENT") among XX Xxxxx Securities
Corporation, as Arranger, Beneficiary, the Lenders, and Day International Group,
Inc. ("the BORROWER"). References to this Mortgage shall mean this instrument
and any and all renewals, modifications, amendments, supplements, extensions,
consolidations, substitutions, spreaders and replacements of this instrument.
References to this "AMENDMENT" shall mean this instrument. Capitalized terms
used and not otherwise defined herein shall have the meanings assigned thereto
in the Credit Agreement.
WITNESSETH
WHEREAS, the Grantor and Beneficiary have agreed to modify
that Deed of Trust, Assignment of Rent & Security Agreement dated as of January
16, 1998, recorded in the Buncombe County Recorder's Office in Deed Book 1899,
Page 762 on January 20, 1998 (the "MORTGAGE") so that it will (i) secure, among
other things, an increase in the principal amount of the Indebtedness secured
under any contingency by that instrument and (ii) reflect the new Maturity Date;
NOW THEREFORE, in consideration of the premises and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor, Trustee and Beneficiary hereby agree as follows:
1. The Deed of Trust is amended by deleting the
reference in the opening paragraph to "333 Xxxx Xxxxx Xxxxxx, Xxxxxx, Xxxx
00000" and substituting the following therefore: "130 Xxxx Xxxxxx Xxxxxx,
Xxxxxx, XX 00000".
2. The Deed of Trust is amended by deleting the
reference in the opening paragraph to "the Senior Secured Credit Agreement dated
as January 16, 1998 (as the same may be amended, supplemented, waived or
otherwise modified from time to time the "CREDIT AGREEMENT") among Societe
Generale Securities Corporation, as Arranger, Beneficiary, the
2
Lenders, and Day International Group, Inc. ("xxx XXXXXXXX")" and substituting
the following therefor:
"the Senior Secured Credit Agreement dated as of January 15, 1998 among
Societe Generale Securities Corporation, as Arranger, Beneficiary, the
Lenders, and Day International Group, Inc. ("the BORROWER"), as amended
and restated pursuant to the Amended and Restated Senior Secured Credit
Agreement dated as of October 19, 1999 among XX Xxxxx Securities
Corporation (successor in interest to Societe Generale Securities
Corporation), as Arranger, Beneficiary, the Lenders, and the Borrower
(as the same may be further amended, supplemented, waived or otherwise
modified from time to time the "CREDIT AGREEMENT")."
This Amendment has been duly executed by the undersigned on
the date first above written.
DAY INTERNATIONAL, INC.
By: /s/ Xxxxxx X. Xxxxxxx
---------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: President
ATTEST:
By: /s/ Xxxxx X. Xxxxxxxx
------------------------
Name: Xxxxx X. Xxxxxxxx
Title: Vice President
XXXXXX X. XXXXXX, solely in his capacity as
Trustee
___________________________________________
ATTEST:
By: ________________________
Name:
Title:
SOCIETE GENERALE
By: /s/ [ILLEGIBLE]
---------------------------------------
Name: [ILLEGIBLE]
Title: Director
ATTEST:
By: /s/ [ILLEGIBLE]
------------------------
Name: [ILLEGIBLE]
Title: Agent
