Jane P. Faulkenberry Senior Vice President 918-588-6272 FAX: 918-280-3368 Jfaulkenberry@bokf.com
Exhibit 10.1(d)
Xxxx X. Xxxxxxxxxxxx Senior Vice President 000-000-0000 FAX: 000-000-0000 Xxxxxxxxxxxxx@xxxx.xxx |
January 1, 2006
Xx. Xxxxx Xxx
Chief Financial Officer
The Monarch Cement Company
000 0000 Xxxxxx
Xxxxxxxx, XX 00000
RE: Fourth Amendment to Agreement dated January 1, 2001 between The Monarch
Cement Company
("Borrower") and Bank of Oklahoma, N.A. ("Lender") in the
aggregate amount of $35,000,000 (the
"Loan Agreement"), as amended by First
Amendment dated December 31, 2002, Second Amendment
dated December 31, 2003 and
Third Amendment dated December 31, 2004.
Dear Xxxxxx:
Bank of Oklahoma, N.A. ("Lender") is pleased to renew and modify the Loan
Agreement subject to the
terms of this letter agreement ("Fourth Amendment').
Subject to the terms of the Loan Agreement, as
amended, and this Fourth
Amendment, the Commitment will be: 1) a $25,000,000 Term Loan ('Term
Loan')
with a balance as of December 27, 2005 of $23,613,405.13 and 2) a $10,000,000
Revolving
Line of Credit ("Revolving Line") that is a renewal of the $10,000,000
Revolving Line subject to the terms
of this letter amendment ('Fourth
Amendment').
Section 2 of the Loan Agreement is hereby deleted and replaced with the following:
2. The Revolving Line. Lender agrees to loan Borrower up to $10,000,000 as
Borrower may from time
to time request as evidenced by a promissory note in the
form attached as Exhibit B, maturing on
December 31, 2006 (which together with
any extensions, renewals and changes in form thereof, is
hereinafter referred to
as the "Line Note"). Advances under the Line Note shall be used for working
capital and general corporate purposes, including issuance of letters of credit.
2.1. Provided there is no Event of Default, Borrower may advance, pay down,
and re-advance funds on
the Line Note.
2.2. Letters of Credit shall be issued pursuant to Lender's standard
procedure, upon receipt by Lender
of an application; provided that (a) no event of default has occurred and is
continuing, and (b) the requested
letter of credit will not expire after the maturity date of the Line Note.
Borrower shall pay all standard fees
and costs charged by Lender in connection with the issuance of Letters of
Credit. Lender shall be
reimbursed for drawings under the Letters of Credit either by Borrower or by an
advance on the Line Note.
2.3. Borrower may repay the Revolving Line in whole or part at any time without penalty.
2.4. Interest shall accrue and be payable quarterly as set forth in the Line
Note at a floating interest rate
of BOKF National Prime less 1.00%. The
outstanding principal balance plus accrued interest shall be
payable at maturity
date of December 31, 2006.
GENERAL PROVISIONS:
Unless otherwise specified herein, all terms and conditions, representations,
and warranties of Borrower
in the Loan Agreement remain in full force and
effect. In addition to the terms of the Loan Agreement, as
modified by this
Fourth Amendment, Borrower consents to the provisions of the Term Note and the
Line
Note; provided however, that to the extent any conflict exists between the
Loan Agreement and the Notes,
then the Loan Agreement shall be controlling.
LENDER: BORROWER:
Bank of Oklahoma, N.A. The Monarch Cement Company
By: /s/ Xxxx Xxxxxxxxxxxx By:
/s/ Xxxxxx X. Xxxx, Xx.
Xxxx Xxxxxxxxxxxx
Xxxxxx X. Xxxx, Xx.
Senior Vice President
President