THIRD AMENDMENT TO LOAN AGREEMENT
This Agreement, made as of the 31st day of January, 1996, by and among
First National Bank of Omaha ("BANK"), a national banking association with
principal offices in Omaha, Nebraska; TRANSTERRA CO. ("BORROWER"), a Nebraska
corporation with principal offices in Omaha, Nebraska; AmeriTrade, Inc.
("AMERITRADE"), a Nebraska corporation with principal offices in Omaha,
Nebraska; and Xxxx Xxx Xxxxxxxx ("GUARANTOR"), a resident of Xxxxxxx County,
Nebraska.
Whereas, BANK and BORROWER executed a written Loan Agreement dated
December 22, 1994, which was subsequently amended July 7, 1995 and September
14, 1995 (the Loan Agreement together with all amendments is referred to
herein as "LOAN AGREEMENT").
Whereas, BORROWER desires to increase REVOLVING NOTE from $2,000,000.00 to
$4,000,000.00.
Whereas, this amendment is executed contemporaneously with a revolving
promissory note in the amount of $4,000,000.00 ("REVOLVING NOTE") in the form
attached hereto as Exhibit A. A term promissory note in the amount of
$1,900,000.00 ("TERM NOTE") in the form attached hereto as Exhibit B, and a
term promissory note in the amount of $6,000,000.00 ("TERM NOTE B") in the
form attached hereto as Exhibit C, were previously executed pursuant to the
LOAN AGREEMENT. REVOLVING NOTE, TERM NOTE, and TERM NOTE B, together with any
renewals, extensions, or modifications thereof are collectively called
"NOTES", and are guaranteed by GUARANTOR. As collateral for the NOTES,
BORROWER has pledged a security interest in 7,559 shares of AMERITRADE
capital stock as evidenced by a pledge agreement in the form attached hereto
as Exhibit D.
Now, Therefore, in consideration for the NOTES, and their mutual promises
made herein, the parties agree as follows:
1. All terms and conditions of the LOAN AGREEMENT shall remain in full force
and effect except as expressly amended herein. All capitalized terms herein
shall have the meanings described in the LOAN AGREEMENT.
2. GUARANTOR consults to this Amendment, and by his execution hereof ratifies
and confirms his executed written guarantee of BORROWER'S obligations.
In witness whereof the parties set their hands as of the date first
written above.
TransTerra Co. AmeriTrade, Inc.
by /s/ Xxxx Xxx Xxxxxxxx by /s/ Xxxx Xxx Xxxxxxxx
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Its Chairman and CEO Its Chairman & CEO
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First National Bank of Omaha
by /s/ X.X. Xxxxxx
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Its Vice President
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Acknowledged by:
/s/ Xxxx Xxx Xxxxxxxx
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Xxxx Xxx Xxxxxxxx, Individually as Guarantor
