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EXHIBIT 10.19
ENSTAR INCOME/GROWTH PROGRAM SIX-B, L.P.
c/o Falcon Holding Group, Inc.
00000 Xxxxxxxx Xxxxxxxxx
Xxx Xxxxxxx, Xxxxxxxxxx 00000
AMENDMENT NO. 4 TO THE CREDIT AGREEMENT
As of September 29, 1995
The First National Bank of Boston
000 Xxxxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 021 10
Attention: Media and Communications Department
Dear Lender:
The undersigned, Enstar Income/Growth Program Six-B, L.P., a Georgia
limited partnership (the "Company"), hereby agrees with you as follows:
1. REFERENCE TO CREDIT AGREEMENT; DEFINITIONS. Reference is made to the
Credit Agreement dated as of December 14, 1990, as in effect on the date hereof
(the "Credit Agreement"), between the Company and you. Terms defined in the
Credit Agreement and not otherwise defined herein are used herein with the
meanings so defined.
2. AMENDMENT OF CREDIT AGREEMENT. Subject to all of the terms and
conditions hereof, effective as of the date on which the condition set forth in
Section 4 hereof is satisfied (the "Effective Date"), the Credit Agreement is
hereby amended, as follows:
2..1. Amendment of Section 7,12. Section 7.12 of the Credit
Agreement is hereby amended to read in its entirety as follows:
"7.12 Limitations on Capital Expenditures. At no time during any
period specified in the table below shall the Capital Expenditures of
the Company exceed the amount specified in the table below for such
period:
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Fiscal Year ending Amount
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December 31, 1995 $600,000
After December 3 1, 1995 $250,000"
3. NO DEFAULT. The Company hereby represents and warrants that, after
giving effect to the amendment of the Credit Agreement provided for in Section
2 hereof, no Default has occurred and is continuing.
4. CONDITIONS. The effectiveness of the amendment to the Credit
Agreement provided for in Section 2 hereof shall be subject to the prior
satisfaction of the following condition:
4..1. Administration Fee. On the Effective Date, the Company shall
have paid you an administration fee in the amount of $5,000.
5. MISCELLANEOUS. This Agreement and the Credit Agreement as amended
hereby are Bank Agreements. Except to the extent specifically amended hereby,
the provisions of the Credit Agreement shall remain unmodified, and the Credit
Agreement as amended hereby is confirmed as being in full force and effect.
The invalidity or unenforceability of any term or provision hereof or of the
Credit Agreement as amended hereby shall not affect the validity or
enforceability of any other term or provision hereof or thereof. The headings
of this Agreement are for convenience of reference only and shall not alter or
otherwise affect the meaning hereof. This Agreement may be executed in any
number of counterparts which together shall constitute one instrument, shall be
governed by and construed in accordance with the laws (other than the conflict
of laws rules) of The Commonwealth of Massachusetts and shall bind and inure to
the benefit of the parties hereto and their respective successors and assigns,
including as such successors and assigns all holders of any Bank Obligation.
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If the foregoing corresponds with your understanding of our agreement,
kindly sign this letter and the accompanying copies thereof in the appropriate
space below and return the same to the Company. This letter shall become a
binding agreement between you and the Company as of the date hereof when so
accepted by you.
Very truly yours,
ENSTAR INCOME/GROWTH PROGRAM SIX-B, L.P.,
a Georgia limited partnership
By Enstar Communications Corporation,
a Georgia corporation,
General Partner
By:
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Title:
The foregoing is hereby accepted
and agreed to:
THE FIRST NATIONAL BANK OF BOSTON
By:
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Title:
