XXXX COMPANY AND SUBSIDIARIES
Exhibit 4.65
Bank of America
Amendment to Documents
AMENDMENT NO.1 TO BUSINESS LOAN AGREEMENT
This Amendment No.1 (the "Amendment") dated as of August 26, 1999, is
between Bank of America, N.A., formerly Bank of America National Trust and
Savings Association (the "Bank") and Xxxx Company (the "Borrower").
RECITALS
A. The Bank and the Borrower entered into a certain Business Loan Agreement
dated as of May 18, 1999 (the "Agreement").
B. The Bank and the Borrower desire to 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 Paragraph 1.6 of the Agreement is amended to read in its entirety
as follows:
"1.6 Letters of Credit
(a) This line of credit may be used for financing:
(i) standby letters of credit with a maximum maturity not to
extend beyond the Expiration Date. The standby letters
of credit may include a provision providing that the
maturity date will be automatically extended each year
for an additional year unless the Blank gives written
notice to the contrary.
(ii) the amount of the letters of credit outstanding at any
one time, (including amounts drawn on the letters of
credit and not yet reimbursed), may not exceed One
Million Dollars ($1,000,000).
(b) The Borrower agrees:
(i) any sum drawn under a letter of credit may, at the
option of the Bank, be added to the principal amount
outstanding under this Agreement. The amount will bear
interest and be due as described elsewhere in this
Agreement.
(ii) if there is a default under this Agreement, to
immediately prepay and make the Bank whole for any
outstanding letters of credit.
(iii) the issuance of any letter of credit and any amendment
to a letter of credit is subject to the Bank's written
approval and must be in form and content satisfactory to
the Bank and in favor of a beneficiary acceptable to the
Bank. Without limiting the foregoing, no letter of
credit may be issued to support any obligation of the
Borrower in connection with workers' compensation laws.
(iv) to sign the Bank's form Application and Agreement for
Standby Letter of Credit.
(v) to pay any issuance and/or other fees that the Bank
notifies the Borrower will be charged for issuing and
processing letters of credit for the Borrower.
(vi) to allow the Bank to automatically charge its checking
account for applicable fees, discounts, and other
charges."
3. Representations and Warranties. When the Borrower signs this Amendment,
the 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 the Borrower's
powers, has been duly authorized, and does not conflict with any of the
Borrower's organizational papers, and (d) this Amendment does not conflict with
any law, agreement, or obligation by which the Borrower is bound.
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. Xxxx Company
/s/ Xxxxxx Xxxxx /s/ Xxxxx Xxxx
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By: Xxxxxx Xxxxx, Vice President By: Xxxxx Xxxx, Xx. Vice President,
CFO & Secretary
