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Exhibit 10.7
BANK OF AMERICA
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AMENDMENT TO DOCUMENTS
AMENDMENT NO. 2 TO BUSINESS LOAN AGREEMENT
This Amendment No. 2 (the "Amendment") dated as of
_______________________, ____, is between Bank of America, N.A. (the "Bank"),
formerly Bank of America NT & SA, and Calavo Growers of California (the
"Borrower").
RECITALS
A. The Bank and the Borrower entered into a certain Business Loan
Agreement dated as of April 20, 1999, as previously amended (the "Agreement").
B. The Bank and the Borrower desire to further amend the Agreement.
AGREEMENT
1. DEFINITIONS. Capitalized terms used but not defined in this
Amendment shall have the meaning given to them in the Agreement.
2. AMENDMENTS. The Agreement is hereby amended as follows:
2.1 In Paragraph 7.6(e) of the Agreement, the amount "TWENTY
SIX MILLION FIVE HUNDRED THOUSAND DOLLARS ($26,500,000)"
is substituted for the amount "TWENTY THREE MILLION FIVE
HUNDRED THOUSAND DOLLARS ($23,500,000)."
3. REPRESENTATIONS AND WARRANTIES. When the Borrower signs this
Amendment, the Borrower represents and warrants to the Bank that: (a) there is
no event which is, or with notice or lapse of time or both would be, a default
under the Agreement except those events, if any, that have been disclosed in
writing to the Bank or waived in writing by the Bank, (b) the representations
and warranties in the Agreement are true as of the date of this Amendment as if
made on the date of this Amendment, (c) this Amendment is within the Borrower's
powers, has been duly authorized, and does not conflict with any of the
Borrower's organizational papers, and (d) this Amendment does not conflict with
any law, agreement, or obligation by which the Borrower is bound.
4. EFFECT OF AMENDMENT. Except as provided in this Amendment, all
of the terms and conditions of the Agreement shall remain in full force and
effect.
This Amendment is executed as of the date stated at the beginning of
this Amendment.
BANK OF AMERICA, N.A. Calavo Growers of California
x /s/ Xxxxxxx Xxxxxxxx x /s/ XXXXXX XXXXXXX
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By: Xxxxxxx Xxxxxxxx By: Xxxxxx Xxxxxxx
Assistant Vice President Vice President
x
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By:
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