Exhibit 4.65
Bank of America Amendment to Documents
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AMENDMENT NO. 1 TO BUSINESS LOAN AGREEMENT
This Amendment No. 1 (the "Amendment") dated as of September 24, 1996,
is between Bank of America National Trust and Savings Association (the "Bank")
and Xxxx Company (the "Borrower").
RECITALS
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A. The Bank and the Borrower entered into a certain Business Loan
Agreement dated as of February 15, 1996 (the "Agreement)".
B. The Bank and the Borrower desire to amend the Agreement.
AGREEMENT
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1. Definitions. Capitalized terms used but not defined in this
Agreement shall have the meaning given to them in the Agreement.
2. Amendments. The Agreement is hereby amended as follows:
2.1 In Sub-paragraph 1.1(a) of the Agreement, the amount "Ten
Million Dollars ($10,000,000)" is substituted for the amount
"Fifteen Million Dollars ($15,000,000)."
2.2 In Paragraph 1.6 of the Agreement, the percent "one and
three-quarters (1.75)" is substituted for the percent "one
and seven-eighths (1.875)."
2.3 Article 2 of the Agreement is deleted in its entirety.
2.4 Article 4 of the Agreement is deleted in its entirety.
2.5 The following Paragraphs are deleted from the Agreement in
their entirety: 6.2, 6.3, 6.5, 7.8, 8.17, and 10.2.
2.6 In Paragraph 8.4 of the Agreement, the ratio "1.25:1.0" is
substituted for the ratio "1.50:1.0."
2.7 Paragraph 8.19 of the Agreement is amended to read in its
entirety as follows:
"8.19 General Business Insurance. To maintain insurance as
is usual for the business it is in."
2.8 A new Paragraph 8.22 is added to the Agreement, which reads
in its entirety as follows:
"8.22 Clean Down Period. Not to have more than Five Million
Dollars ($5,000,000) outstanding, and not to draw any
additional advances on its revolving line of credit, for a
period of at least 30 consecutive days in each line-year.
"Line-year" means the period between the date of this
Agreement and June 01, 1997, and each subsequent one-year
period (if any). For the purposes of this Paragraph,
"advances" does not include undrawn amounts of outstanding
letters of credit."
3. 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 dated stated at the beginning of
this Amendment.
Bank Of America
National Trust and Savings Association Xxxx Company
/s/ Xxxxxxx X. Xxxx /s/ X. X. Xxxxx
By: Xxxxxxx X. Xxxx By: X. X. Xxxxx
Title: Vice President Title: Chairman and
Chief Financial Officer
