AMENDMENT NO. 3 TO TERM LOAN AND SECURITY AGREEMENT
Exhibit 10.34
THIS AMENDMENT NO. 3 IS TO THE TERM LOAN AND SECURITY AGREEMENT dated as of March 15, 2002
(“Agreement”) by and between First Bankers Trust Services, Inc., as successor Trustee of the
Chromcraft Revington Employee Stock Ownership Trust (the “Borrower”), a trust established pursuant
to the ESOP component of the Chromcraft Revington Employee Stock Ownership and 401(k) Plan (the
“ESOP”), and Chromcraft Revington, Inc., a Delaware corporation (the “Lender”).
W I T N E S S E T H:
WHEREAS, the Lender is the sponsor of the ESOP and a party to the agreement establishing the
ESOP Trust; and
WHEREAS, First Bankers Trust Services, Inc. has resigned as ESOP Trustee, effective as of
January 31, 2010, and the Lender has replaced it with Reliance Trust Company (“Reliance”),
effective as of February 1, 2010; and
WHEREAS, Reliance has accepted the position of Trustee of the ESOP, and thereby accepted the
obligation of this agreement, not in its individual or corporate capacity, but solely in its
capacity as ESOP Trustee;
NOW, THEREFORE, Reliance and the Lender agree, effective as of February 1, 2010, as follows:
1. | The name “First Bankers Trust Services, Inc.” is replaced with “Reliance
Trust Company” wherever the former name appears in the Agreement. |
||
2. | Section 12.2(b) of the Agreement is replaced with the following: |
“(b) If to the Borrower:
Xxxxxxx X. Xxxxxx, Senior Vice President
Reliance Trust Company
0000 Xxxxxxxxx Xxxx
000 Xxxxxxxxx, Xxxxx 000
Xxxxxxx XX 00000-0000
Reliance Trust Company
0000 Xxxxxxxxx Xxxx
000 Xxxxxxxxx, Xxxxx 000
Xxxxxxx XX 00000-0000
The Agreement will otherwise remain the same in all respects.
IN WITNESS WHEREOF, Reliance and the Lender have executed this Amendment No. 3 this 13th day
of May 2010, but effective as of February 1, 2010.
RELIANCE TRUST COMPANY, Not in Its Individual or Corporate
Capacity, But Solely as Trustee of the Chromcraft Revington Employee
Stock Ownership Trust |
||||||
By: | /s/ Xxxxxxx X. Xxxxxx
|
|||||
CHROMCRAFT REVINGTON, INC. | ||||||
By: | /s/ Xxxxxx X. Xxxxxx
|
|||||
Chief Executive Officer |
2