1
EXHIBIT 10.58
AFFIRMATION AGREEMENT
This Affirmation Agreement ("Agreement") is entered into as of September
20, 2000 by American Mutual Holding Company, an Iowa stock company and survivor
of a merger with AmerUs Life Holdings, Inc. ("the Reorganized Company"), in
favor of the Agent and the Lenders (as hereinafter defined) under the Facility
Agreement referenced below.
W I T N E S S E T H
WHEREAS, AmerUs Life Holdings, Inc., an Iowa corporation ("AmerUs Life"),
Bank One, NA (f/k/a The First National Bank of Chicago), individually and as
Agent ("Agent"), and the other financial institutions signatory thereto (the
"Lenders") are parties to that certain $27,500,000 Facility and Guaranty
Agreement dated as of February 12, 1999 (as previously amended, the "Facility
Agreement").
WHEREAS, substantially contemporaneously herewith, AmerUs Life is merging
with and into the Reorganized Company, which is the surviving corporation in
such merger (the "Merger").
NOW, THEREFORE, as an inducement to the Lenders to have the "Delayed
Amendments" under Amendment No. 2 to the Facility Agreement become effective as
of the consummation of the Merger, the Reorganized Company, in its capacity as
successor by merger to AmerUs Life, hereby acknowledges that it is the "Company"
under the Facility Agreement and hereby assumes and agrees to pay and perform
all Obligations of the Company under the Facility Agreement and the other Loan
Documents (as defined in the Facility Agreement).
IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the
date written above.
AMERICAN MUTUAL HOLDING COMPANY
By: /s/ Xxxxx X. Xxxxxx
--------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Chairman, President and
Chief Executive Officer
