FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
EXHIBIT
10.13
FOURTH
AMENDMENT TO LOAN AND SECURITY AGREEMENT
THIS
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT dated as of May 7, 2007 (the
AMENDMENT), between XXXXXXXXX FINANCIAL, LLC, a Minnesota limited liability
company (MEZZANINE BORROWER) and CS FINANCING CORPORATION, a Delaware
corporation (together with its successors and assigns, MEZZANINE
LENDER).
RECITALS:
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A.
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Mezzanine
Borrower and Mezzanine Lender have entered into that certain Mezzanine
Loan and Security Agreement dated October 5, 2005 and amended on
August
22, 2006 and again on September 21, 2006 (“Loan
Agreement”).
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B.
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Mezzanine
Borrower and Mezzanine Lender desire to amend the Loan Agreement
as stated
herein.
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AGREEMENTS:
NOW,
THEREFORE, in consideration of the foregoing Recitals, the mutual promises
of
the parties hereto and the mutual benefits to be gained by the performance
hereof, Mezzanine Borrower and Mezzanine Lender hereby agree as
follows:
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1.
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Section
1.1 of the Loan Agreement shall be amended to delete the definition
“Pre-Approved Collateral”.
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2.
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Section
5.1.19 of the Loan Agreement shall be
deleted.
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3.
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Section
2.1.2 of the Loan Agreement shall be amended to remove the term
“pre-approved.”
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed by their duly authorized representatives, all as of the day and
year
first above written.
MEZZANINE
BORROWER:
XXXXXXXXX
FINANCIAL LLC,
a
Minnesota limited liability
company
By:
/s/
Xxxxxxx Xxxxx
Xxxxxxx
Name: Xxxxxxx
Xxxxx
Xxxxxxx
Title: President
MEZZANINE
LENDER:
CS
FINANCING CORPORATIONa Delaware
corporation
By:
/s/
Xxxxxxx X.
Xxxxxxx
Name: Xxxxxxx
X.
Xxxxxxx
Title: Chief
Executive
Officer
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