Exhibit 10(f)
AMENDMENT TO INTERIM MERCHANT AGREEMENT
BANK: Household Bank (SB), N.A. MERCHANT: Xxxxxx-Xxxxxx Company
0000 Xxxx Xxxxxx Xxxxx 00000 Xxxx Xxxxx Xxxxxxx
Xxx Xxxxx, Xxxxxx 00000 Xxxxxxxx, XX 00000
This Amendment to Interim Merchant Agreement ("Amendment") is made and entered
into as of the 14th day of November, 2000 by and between Household Bank (SB),
N.A. (herein "Household") and Xxxxxx-Xxxxxx Company, a Virginia corporation,
debtor and debtor-in-possession (herein "Merchant") and amends the Interim
Merchant Agreement, dated September 13, 2000 by and between the parties
("Interim Agreement").
WHEREAS, the Bankruptcy Court entered an Order approving the Interim
Agreement on September 13, 2000.
WHEREAS, under its terms the Interim Agreement was scheduled to
terminate 60 days after its Effective Date in the event the parties had not
agreed to and executed a Definitive Agreement.
WHEREAS, the parties are near agreement on the terms of a Definitive
Agreement, but such agreement may not be finalized and executed prior to the
scheduled termination date of the Interim Agreement.
WHEREAS, in order to finalize and execute the Definitive Agreement the
parties have agreed to continue to operate pursuant to the Interim Agreement and
desire to amend and extend the Interim Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual
promises, covenants and agreements set forth below and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
Section 15 of the Interim Agreement is hereby amended and modified to substitute
"one hundred (100) days" in lieu of "sixty (60) days" in each and every instance
in which it appears in said Section.
All capitalized terms not otherwise defined herein shall have the same meaning
afforded them in the Interim Agreement.
Except as otherwise modified herein, the terms and conditions of the Interim
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their authorized
representatives to execute the Amendment to Interim Agreement as of the date set
forth above.
BANK: MERCHANT:
HOUSEHOLD BANK (SB), X.X. XXXXXX-XXXXXX COMPANY
By: /s/ Xxxxxx X. Xxxx By: /s/Xxxxx X. Xxxxxx
----------------------- -------------------------
Print Name: Xxxxxx X. Xxxx Print Name: Xxxxx X. Xxxxxx
Title: Vice President Title: Senior Vice President -
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