EXHIBIT 10.1.5
SEVENTH AMENDMENT TO CREDIT AGREEMENT
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT (the "Amendment") is made
as of October 30, 1995, between XXXXXX-XXXXXX, INC., a Delaware corporation,
("Borrower") and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a
national savings association and other subsidiaries or affiliates of BankAmerica
Corporation, including Bank of America Illinois ("Bank").
WHEREAS, Borrower and Bank entered into that certain Credit Agreement
dated as of October 25, 1993, as amended by a First Amendment dated as of
December 29, 1993, a Second Amendment dated as of March 18, 1993, a Third
Amendment dated as of April 15, 1994, a Fourth Amendment dated as of April 30,
1994, a Fifth Amendment ("Fifth Amendment") dated as of August 29, 1994, and a
Sixth Amendment dated as of September 30, 1994 (the "Agreement");
WHEREAS, Borrower and Bank desire to modify and amend certain of the
terms and provisions of the Agreement;
NOW, THEREFORE, in consideration of the promises herein contained and
for other good and valuable consideration, Borrower and Bank do hereby mutually
agree as follows:
1. In Section 2.1, the third sentence thereof and subsection (b) are
hereby deleted and the following is substituted therefor:
"The total of all Advances and the undrawn and the drawn and
unreimbursed amount of all letters of credit outstanding under this
Revolving Line may not exceed at any one time One Hundred and Twenty-
Five Million Dollars ($125,000,000.00) except that during the period
commencing October 27, 1995 and to, but not including, February 24,
1996, such maximum amount will be increased to One Hundred and Sixty
Million Dollars ($160,000,000.00); provided, however, that:
(a) The total amount of all Advances outstanding may not exceed
at any one time One Hundred Million Dollars ($100,000,000.00) as such
amount may be reduced pursuant to Section 2.10 except that during the
period commencing October 27, 1995 and to, but not including, February
24, 1996, such total amount will be increased to One Hundred and
Thirty-Five Million Dollars ($135,000,000); and "
Borrower hereby represents and warrants to Bank that: (i) no default
specified in the Agreement and no event which with notice or lapse of time or
both would become such a default has occurred and is continuing, (ii) the
representations and warranties of Borrower pursuant to the Agreement are true on
and as of the date hereof as if made on and as of said date, (iii) the making
and performance by Borrower of this Amendment have been duly authorized by all
necessary action, and (iv) no consent, approval, authorization, permit or
license is required in connection with the making or performance of the
Agreement as amended hereby.
In all other respects, the Agreement shall remain in full force and
effect and shall be performed by the parties hereto according to its terms and
provisions.
All capitalized terms used herein are defined as in the Agreement.
IN WITNESS WHEREOF, this Amendment has been executed by the parties
hereto as of the date first above written.
XXXXXX-XXXXXX, INC.
By:/s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx
Title: Sr. VP. & CFO
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BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION
and other subsidiaries or
affiliates of BankAmerica
Corporation, including Bank of
America Illinois.
By:/s/ Xxxxxxxx XxxXxxxxx
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Xxxxxxxx XxxXxxxxx
Vice President
