EXHIBIT 4.9
AMENDMENT NO. 1
TO
WARRANT AGREEMENT
THIS AMENDMENT TO WARRANT AGREEMENT made and entered into this 2nd day of
March 1998 between BREED TECHNOLOGIES, INC., a Delaware corporation (the
"Corporation"), and NATIONSBANK, N.A. ("NationsBank").
WHEREAS, the Corporation and NationsBank have entered into a Warrant
Agreement dated October 30, 1997 (the "Agreement") pursuant to which the
Corporation has granted to NationsBank the Warrants described therein;
WHEREAS, the Corporation and NationsBank have agreed to amend the Agreement
in the manner set forth herein; and
WHEREAS, on the date hereof, the Corporation has accepted and agreed to the
terms of a Commitment Letter and the related "Term Sheet" referred to therein,
made and agreed to by NationsBank, and in consideration of such acceptance and
agreement by the Corporation, NationsBank has agreed to enter into this
Amendment Agreement.
NOW THEREFORE, the Corporation and NationsBank hereby agree that the
Agreement shall be and hereby is amended, effective as of the date hereof by
deleting the date "April 27, 1998" appearing twice in clause (c) of Section
3.1(a) of the Agreement and inserting in lieu thereof the date "July 26, 1998"
in lieu thereof.
Except as amended hereby, all terms and conditions of the Agreement remain
in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment Agreement to be
duly executed, as of the date first above written.
BREED TECHNOLOGIES, INC.
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
Title: Executive Vice President
and Chief Financial Officer
NATIONSBANK, NATIONAL ASSOCIATION
By: /s/ Miles X. Xxxxxxx III
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Name: Miles X. Xxxxxxx III
Title: Senior Vice President
