Exhibit 10.1
ADDENDUM TO
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SIXTH AMENDMENT TO RESTATED LOAN AGREEMENT
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THIS ADDENDUM (this "Addendum") is attached to and made a part of the
Sixth Amendment to Restated Loan Agreement dated as of May 31, 2001 (the "Sixth
Amendment"), executed by, between and among METROPOLITAN FINANCIAL CORP., an
Ohio Corporation (the "Borrower"), XXXXXX X. XXXX (the "Guarantor") and THE
HUNTINGTON NATIONAL BANK (the "Bank").
WITNESSETH
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WHEREAS, pursuant to the Sixth Amendment, the parties agreed to reset
the return on assets ("ROA") covenant on or before August 31, 2001; and
WHEREAS, as of the date of this Addendum, such covenant has not been
reset.
NOW, THEREFORE, for valuable consideration, the sufficiency of which is
hereby acknowledged by the parties, the parties do hereby agree that the
following changes are incorporated into the Sixth Amendment as if originally a
part thereof:
1. Section 6.01(H) of the Loan Agreement is hereby amended
to read as follows:
"(H) As of each calendar quarter-end specified herein,
Metropolitan Bank and Trust shall maintain an ROA ratio on a
weighted average basis for the preceding three quarters, of at
least (1) 0.06% as of September 30, 2001; (2) 0.22% as of
December 31, 2001; (3) 0.33% as of March 31, 2002; and (4)
0.35% as of June 30, 2002 and all calendar quarter-ends
thereafter."
2. The parties acknowledge that the covenant set forth in
Section 6.01(H) was not reset on or before August 31, 2001,
and Bank waives such violation.
Except as otherwise provided, all amendments to the Loan Agreement set
forth herein shall be deemed effective from and after the date of this
Amendment. All references in the Loan Agreement to this "Agreement", "hereof",
"herein", "hereunder" or "hereby" shall, from and after the date of this
Amendment, be deemed references to the Loan Agreement as amended by this
Amendment.
In all other respects, the parties hereby hereby ratify and affirm
the terms and conditions of the Loan Agreement.
[THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF, this Addendum has been duly executed by the parties
hereto as of the 16th day of October, 2001.
METROPOLITAN FINANCIAL CORP.
/s/ Xxxxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxxxxx
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Xxxxxx X. Xxxx Xxxxxxx X. Xxxxxxx, President
THE HUNTINGTON NATIONAL BANK
By: /s/ Xxxx X. Xxxxx
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Xxxx X. Xxxxx, Assistant Vice President
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