EXHIBIT 10(i)(3)
BANK OF AMERICA [Bank of America LOGO]
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AMENDMENT TO DOCUMENTS
AMENDMENT NO. 2 T0 BUSINESS LOAN AGREEMENT
This Amendment No. 2 (the "Amendment") dated as of February 20, 2002, is
among Bank of America, N.A. (the "Bank"), Xxxxxxxx, Inc. ("Borrower 1"),
Xxxxxxxx Store I, Inc. ("Borrower 2"), Xxxxxxxx Store II, Inc. ("Borrower 3"),
Xxxxxxxx International, Inc. ("Borrower 4") and Xxxxxxxx U.K., Ltd. ("Borrower
5") (Borrower 1, Borrower 2, Borrower 3, Borrower 4 and Borrower 5 are sometimes
referred to collectively as the "Borrowers" and individually as the "Borrower").
RECITALS
A. The Bank and the Borrowers entered into a certain Business Loan
Agreement dated as of June 1, 2000, as previously amended (the "Agreement").
B. The Bank and the Borrowers desire to further amend the Agreement.
AGREEMENT
1. DEFINITIONS. Capitalized terms used but not defined in this Amendment
shall have the meaning given to them in the Agreement.
2. AMENDMENTS. The Agreement is hereby amended as follows:
2.1 Subparagraph 1.1(a) of the Agreement is amended to read in its
entirety as follows:
"(a) During the availability period described below, the Bank
will provide a line of credit to the Borrowers. The
amount of the line of credit (the 'Facility No. 1
Commitment') is equal to the amount indicated for each
period specified below:
Period Amount
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From the date of this Agreement
through February 28, 2001 $25,000,000.00
From March 1, 2001 through
June 1, 2001 $35,000,000.00
From June 2, 2001 through
February 19, 2002 $25,000,000.00
From February 20, 2002 to
May 1, 2002 $35,000,000.00"
2.2 In Paragraph 1.6(a)(iii) of the Agreement, the amount "Thirty
Five Million Dollars ($35,000,000)" is substituted for the
amount "Twenty Five Million Dollars ($25,000,000)".
3. REPRESENTATIONS AND WARRANTIES. When the Borrowers sign this Amendment,
each Borrower represents and warrants to the Bank that: (a) there is no event
which is, or with notice or lapse of time or both would be, a default under the
Agreement except those events, if any, that have been disclosed in writing to
the Bank or waived in writing by the Bank, (b) the representations and
warranties in the Agreement are true as of the date of this Amendment as if
made on the date of this Amendment, (c) this Amendment is within each Borrower's
powers, has been duly authorized, and does not conflict with any of its
organizational papers, and (d) this Amendment does not conflict with any law,
agreement, or obligation by which any Borrower is bound.
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4. 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 date stated at the beginning of this
Amendment.
BANK OF AMERICA, X.X. Xxxxxxxx, Inc.
X /s/ Xxxxx X. Xxxxxxx X /s/ Xxxxxxx Xxxxx
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By: Xxxxx X. Xxxxxxx, Vice President By:
Xxxxxxxx Store I, Inc.
X /s/ Xxxxxxx Xxxxx
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By:
Xxxxxxxx Store II, Inc.
X /s/ Xxxxxxx Xxxxx
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By:
Xxxxxxxx International, Inc.
X /s/ Xxxxxxx Xxxxx
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By:
Xxxxxxxx U.K., Ltd.
X /s/ Xxxxxxx Xxxxx
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By:
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