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EXHIBIT 10.13
GREYROCK
CAPITAL
A Bank OF AMERICA COMPANY
AMENDMENT AGREEMENT
BORROWER: SYNQUEST, INC.
ADDRESS: 0000 XXXXXXX XXXX, XXXXX 000
XXXXXXXX, XXXXXXX 00000
DATE: DECEMBER 14, 1999
THIS AMENDMENT AGREEMENT (this "Agreement") is entered into
between GREYROCK CAPITAL, a Division of Banc of America Commercial Finance
Corporation ("GC") (formerly known as NationsCredit Commercial Corporation),
whose address is 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx
00000, and the Borrower named above ("Borrower").
GC and Borrower agree to amend and supplement the Loan and
Security Agreement between them, dated July 10, 1996, as amended (as amended,
the "Loan Agreement"), as follows. (This Agreement, the Loan Agreement, any
prior written amendments to the Loan Agreement signed by GC and Borrower, and
all other written documents and agreements between GC and Borrower, are referred
to herein collectively as the "Loan Documents." Capitalized terms used but not
defined in this Agreement shall have the meanings set forth in the Loan
Agreement.)
1. Amendments. (a) Section 1 of the Schedule is amended by
replacing "December 31, 1999" with "February 29, 2000" as the date for repayment
of all outstanding Overadvance Loans. (b) The date "December 31, 1999" in
Section 4 of the Schedule to Loan Agreement is hereby deleted and replaced with
the date "February 29, 2000" (c) In Section 6.1 of the Loan Agreement, "thirty"
is substituted for "sixty."
2. Representations True. To induce GC to enter into this
Agreement, Borrower hereby confirms and restates, as of the date hereof, the
representations and warranties made by it in Section 3 of the Loan Agreement.
For the purposes of this Section 2 each reference in Section 3 of the Loan
Agreement to "this Agreement," and the words "hereof, .... herein," "hereunder,"
or words of like import in such Section, shall mean and be a reference to the
Loan Agreement as amended by this Agreement.
3. General Provisions. GC's execution and delivery of, or
acceptance of, this Agreement and any other documents and instruments in
connection herewith shall not be deemed to create a course of dealing or
otherwise create any express or implied duty by it to provide any other or
further amendments, consents or waivers in the future. This Agreement, the Loan
Agreement, and the
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other Loan Documents set forth in full all of the representations and agreements
of the parties with respect to the subject matter hereof and supersede all prior
discussions, representations, agreements and understandings between the parties
with respect to the subject hereof. Except as herein expressly amended and
supplemented, all of the terms and provisions of the Loan Agreement and the
other Loan Documents shall continue in full force and effect and the same are
hereby ratified and confirmed. This Agreement forms pan of the Loan Agreement
and the terms of the Loan Agreement are incorporated herein by reference.
Borrower: GC:
SYNQUEST, INC. GREYROCK CAPITAL,
A DIVISION OF BANC OF AMERICA COMMERCIAL
FINANCE CORPORATION
By: /s/ Xxxx Xxxxxxx
-------------------------
Title: Executive Vice President, By: /s/ Xxxx Xxxxxx
Finance and Administration -------------------------
Title: Senior Vice President
