TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
This Tenth Amendment to Loan and Security Agreement ("Tenth Amendment")
is made as of this 8th day of July, 1999 by and between Fleet Business Credit
Corporation, successor to Sanwa Business Credit Corporation as Lender ("Lender")
and Xxxxx Manufacturing Company, Inc. as Borrower ("Borrower") in reference to
that certain Loan and Security Agreement dated as of January 19, 1990, as
amended, between Lender and Borrower (the "Agreement") pursuant to which Lender
is making certain loans and advances to Borrower upon the terms and conditions
set forth in the Agreement. Capitalized terms herein, unless otherwise defined
herein, shall have the meaning set forth in the Agreement. Borrower has
requested certain modifications to the Agreement and Lender has agreed to the
such modifications on the terms and conditions set forth below.
NOW THEREFORE, the parties hereto do hereby agree as follows:
1. Section 2.1(a) of the Agreement is hereby amended by deleting the
dollar amount of $2,600,000 in subsection (i) thereof and replacing the dollar
amount with "Three Million Dollars ($3,000,000)".
2. Section 2.4 of the Agreement is hereby amended by deleting the first
sentence thereof and replacing that with the following:
"This Agreement shall be in effect until August 31, 2001 (the "Initial
Term") and shall be automatically renewed thereafter for successive
periods of one year (the "Renewal Term") unless terminated as provided
below."
3. Reference is further made to that certain Ninth Amendment to Loan
and Security Agreement dated as of August 27, 1998 ("Ninth Amendment"). The
Ninth Amendment references that certain Capital Expenditure Line in Section 3
thereof. Subsection (vi) of Section 3 to the Ninth Amendment provides that "no
Acquisition Term Loan advance will be made by Lender on or after April 30,
1999." The reference to "April 30, 1999" in that subsection is hereby deleted
and replaced by April 30, 2001. Additionally, Subsection (iv) of Section 3 is
amended by replacing "85%" with "100%."
4. In addition to all other fees and charges, Borrower agrees to pay on
the date hereof an amendment fee of $10,000, which fee shall be fully earned as
of the date hereof and nonrefundable.
5. Borrower agrees to pay all charges, costs, expenses and reasonable
attorneys' fees incurred by Lender in connection with the negotiation,
documentation and preparation of this Tenth Amendment and any other documents in
connection therewith.
6. Lender is not waiving any rights under the Agreement or any
Ancillary Agreements and, except as expressly stated herein or as previously
modified in a writing signed by Lender, all of the terms, convenants and
conditions of the Agreement and the Ancillary Agreements remain in full force
and effect.
This Tenth Amendment shall be part of the Agreement, the terms of which
are incorporated herein except as modified hereby, and a breach of any
representation, warranty or covenant contained herein shall constitute a Default
under the Agreement.
XXXXX MANUFACTURING COMPANY, INC.
By: /s/ XXXXX XXXXXXX
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Its: C.E.O.
By: /s/ XXXXXXX XXXXXX
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Its: President
FLEET BUSINESS CREDIT CORPORATION
By: /s/ XXXX XXXXXX
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Its:
