EXHIBIT 10.4
FIRST AMENDMENT TO SERVICING
AND INTERCREDITOR AGREEMENT
This First Amendment to Servicing and Intercreditor Agreement is made
and entered into this 1st day of December, 2001 by and among Integra Bank,
successor to The National City Bank of Evansville (the "Servicer"), Princesa
Partners (the "Borrower") and each of the lenders signing this First Amendment
(collectively, including Servicer, the "Lenders" and each a "Lender").
RECITALS
A. The parties hereto entered into a Servicing and Intercreditor
Agreement dated as of October 22, 1998 (the "Servicing
Agreement") relating to a certain Loan Agreement of even date
thereof. All capitalized terms not otherwise defined herein
shall have the meanings provided for in the Servicing
Agreement.
B. The parties have amended the Loan Agreement and desire to make
certain Amendments to the Servicing Agreement.
NOW, THEREFORE, in consideration of the Recitals and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The Lenders hereby approve the Agreement dated the
date hereof, the First Amendment to the Loan
Agreement and the other documents executed in
conjunction with the Agreement.
2. Section 2.3 of the Servicing Agreement is hereby
amended effective May 1, 2001 by adding prior to the
period at the end thereof the following:
; provided that at anytime the Loan bears
interest as a Loan Rate in excess of 10
5/8%, the fee shall be .50% if the Loan Rate
is 1.875% or more in excess of 10 3/8% or
.375% if the Loan Rate is .875% or more but
less than 1.875% in excess of 10 5/8% with
such additional fee in excess of .25 %
payable solely from any Collections of the
Loan Rate in excess of 10 5/8%.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment
as of the date first above written.
PRINCESA PARTNERS
By: Conami, Inc., its general partner
By: /s/ Xxxxx X. Xxxx
--------------------------------------
Its President
-----------------------------------
By: Concorde Cruises, Inc., its general
partner
By: /s/ Xxxxx X. Xxxx
--------------------------------------
Its President
-----------------------------------
INTEGRA BANK, as a successor to The
National City Bank of Evansville
By: /s/ Xxxxxxxxxxx Xxxxx
--------------------------------------
Its Senior Vice President
-----------------------------------
FIRST NATIONAL BANK
By:
--------------------------------------
Its
-----------------------------------
LINN COUNTY BANK
By:
--------------------------------------
Its
-----------------------------------
UNITED PRAIRIE BANK - XXXXXXX
By:
--------------------------------------
Its
-----------------------------------
PEOPLES NATIONAL BANK OF KEWANEE
By:
--------------------------------------
Its
-----------------------------------
2