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EXHIBIT 10.8.3.6
AMENDMENT XX. 0
XXXXXXXXX XX. 0 dated as of August 5, 1997, between FIDELITY
NATIONAL FINANCIAL, INC., a corporation duly organized and validly existing
under the laws of the State of Delaware (the "Company"); each of the lenders
that is a signatory hereto (individually, a "Bank" and, collectively, the
"Banks"); and THE CHASE MANHATTAN BANK, a New York state-chartered banking
corporation, as administrative agent for the Banks (in such capacity, together
with its successors in such capacity, the "Administrative Agent").
The Company, the Banks and the Administrative Agent are parties
to a Credit Agreement dated as of September 21, 1995 (as heretofore modified and
supplemented and in effect on the date hereof, the "Credit Agreement"),
providing, subject to the terms and conditions thereof, for loans to be made by
said Banks to the Company in an aggregate principal amount not exceeding
$35,000,000. The Company, the Banks and the Administrative Agent wish to amend
the Credit Agreement in certain respects, and accordingly, the parties hereto
hereby agree as follows:
Section 1. Definitions. Except as otherwise defined in this
Amendment No. 6, terms defined in the Credit Agreement are used herein as
defined therein.
Section 2. Amendments. Subject to the satisfaction of the
conditions precedent specified in Section 6 below, but effective as of June 30,
1997, the Credit Agreement shall be amended as follows:
2.01. References in the Credit Agreement (including references to
the Credit Agreement as amended hereby) to "this Agreement" (and indirect
references such as "hereunder", "hereby", "herein" and "hereof") shall be deemed
to be references to the Credit Agreement as amended hereby.
2.02. Section 8.12 of the Credit Agreement shall be amended by
replacing "$25,000,000" with "$35,000,000".
Section 3. Representations and Warranties. The Company represents
and warrants to the Banks that the representations and warranties set forth in
Section 7 of the Credit Agreement are true and complete on the date hereof as if
made on and as of the date hereof and as if each reference in said Section 7 to
"this Agreement" included reference to this Amendment No. 6.
Amendment No. 6
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Section 4. Conditions Precedent. As provided in Section 2 above,
the amendments to the Credit Agreement set forth in said Section 2 shall become
effective, as of June 30, 1997, upon receipt by the Administrative Agent of duly
executed counterparts of this Amendment No. 6 by the Company and the Banks
constituting Majority Banks.
Section 5. Miscellaneous. Except as herein provided, the Credit
Agreement shall remain unchanged and in full force and effect. This Amendment
No. 6 may be executed in any number of counterparts, all of which taken together
shall constitute one and the same amendatory instrument and any of the parties
hereto may execute this Amendment No. 6 by signing any such counterpart. This
Amendment No. 6 shall be governed by, and construed in accordance with, the law
of the State of New York.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. 6 to be duly executed and delivered as of the day and year first above
written.
FIDELITY NATIONAL FINANCIAL, INC.
By /s/ Xxxx X. Xxxxxx
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Title: Executive Vice President
Chief Financial Officer
BANKS
THE CHASE MANHATTAN BANK
By /s/ Xxxxxxx Xxxxxxxxx
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Title: Vice President
Amendment Xx. 0
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XXXXXXXX XXXX
By /s/ Xxxx Xxxxxx
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Title: Vice President
SANWA BANK CALIFORNIA
By /s/ Xxxx X. Xxxxx
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Title: Vice President
XXXXX FARGO BANK, N.A.
By /s/ Xxxxxx X. Xxxxxx
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Title: Vice President
THE CHASE MANHATTAN BANK,
as Administrative Agent
By /s/ Xxxxxxx Xxxxxxxxx
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Title: Vice President
Amendment No. 6