Exhibit 10.30
AMENDMENT 1 TO CREDIT AGREEMENT
This Amendment 1 to Credit Agreement (the "Amendment")
is entered into as of April 30, 2001, by and between KLT
Telecom Inc. (the "Lender") and Digital Teleport, Inc. (the
"Borrower").
Whereas, Lender and Borrower have entered into a
certain Credit Agreement dated as of February 21, 2001, (the
"Credit Agreement") providing for revolving credit loans of
up to $25 million in the aggregate, and
Whereas, Borrower has requested to increase the maximum
borrowing amount under the Credit Agreement, and Lender is
willing to increase such amount on the terms and conditions
herein.
Therefore, in consideration of the of the
undertakings set forth herein and other good and valuable
consideration, the receipt of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1. The definition of "Commitment" in Article I of the
Credit Agreement is amended in its entirety to read as
follows:
"Commitment" means the obligation of the Lender to
make Loans not exceeding Thirty Five Million Dollars
($35,000,000.00) in aggregate principal amount at any
time outstanding.
2. This Amendment shall take effect on the last to occur
of (i) the execution and delivery of this Amendment by
Borrower and Lender, and (ii) Lender executing and
delivering to Borrower an Amended and Restated Demand
Promissory Note, in the form attached hereto as Exhibit A.
3. Except as specifically amended herein, the Credit
Agreement shall continue in full force and effect.
[signature page follows]
In witness whereof, Lender and Borrower have executed this
Amendment as of the date first above written.
DIGITAL TELEPORT, INC.
By: /s/ Xxxx X. Xxxxxxxx
Name: Xxxx X. Xxxxxxxx
Title: Senior Vice President
and Chief Financial Officer
0000 Xxxxxxxx Xxxxxx, Xxxxx 000
Xx. Xxxxx, XX 00000
Telecopier: (000) 000-0000
KLT TELECOM INC.
By: /s/ Xxxx X. Xxxxxxxxx
Name: Xxxx X. Xxxxxxxxx
Title: Vice President
00000 Xxxx, Xxxxx 000
Xxxxxxxx Xxxx, XX 00000
Telecopier: (000) 000-0000
Exhibit A
AMENDED AND RESTATED
DEMAND PROMISSORY NOTE
Date: February 21, 2001 Principal Amount: $35,000,000.00
Digital Teleport, Inc., a Missouri corporation (herein
referred to as "Borrower"), promises to pay to the order of
KLT Telecom Inc., a Missouri corporation (herein referred to
as "Lender"), at its offices located at 00000 Xxxx, Xxxxx
000, Xxxxxxxx Xxxx, XX 00000 or at such other place as
Lender may designate, the lesser of the principal sum of
Thirty Five Million Dollars ($35,000,000.00) (the "Maximum
Principal Amount") or the aggregate unpaid principal amount
of all Loans made by the Lender pursuant to Article II of
the Credit Agreement (as the same may be amended or
modified, the "Agreement") hereinafter referred to, together
with interest on the unpaid principal balance at the rates
and on the dates set forth in the Agreement. The entire
unpaid principal balance of this Note shall be immediately
due and payable UPON DEMAND by Lender, and Borrower
acknowledges that any condition or requirement set forth in
the Agreement or in any other agreement between Borrower and
Lender is not the only basis upon which demand can be made
hereunder.
This Note is issued pursuant to, and is entitled to
the benefits of, the Credit Agreement, dated as of February
21, 2001, among the Borrower and the Lender, to which
Agreement, as it may be amended from time to time, reference
is hereby made for a statement of the terms and conditions
governing this Note, including the terms and conditions
under which this Note may be prepaid. Capitalized terms
used herein and not otherwise defined herein are used with
the meanings attributed to them in the Agreement.
This Note is a revolving line of credit note. The
Lender may make advances of principal to the undersigned
from time to time, pursuant to the provisions of the
Agreement. However, the total amount of principal
outstanding at any one time shall never exceed the Maximum
Principal Amount. All such advances shall be subject to the
terms and conditions set forth in this Note. The amount and
date of principal disbursed under this Note, together with
the amount and date of any payments of principal under this
Note, shall be recorded by Lender. It is agreed that the
amount shown on the official records of Lender as
outstanding from time to time shall constitute prima facie
evidence of the amount owing to Lender from the undersigned
pursuant to this Note.
The undersigned and all guarantors, endorsers, sureties
or other persons liable hereon or liable for the payment of
this Note, and each of them, waive diligence, presentment
for payment, demand, protest, and notice of demand, protest
and non-payment, and dishonor and notice of dishonor, and
specifically consent to and waive
notice of any and all renewals, extensions, or modifications which
might be made by the holder hereof as to the payment of this Note
and specifically consent to and waive notice of the changing of
the rate of interest or imposition of any fees in
consideration of any loan renewal, extension or modification
from time to time and hereby consent to and waive any
defense by reason of extension of time for payment or other
indulgence granted by Lender, and further agree that the
failure of the holder of this Note to take or perfect any
security for this Note or the release or modification of any
security for this Note will not affect the liability of any
party liable for the payment of this Note. Further, the
release of any party liable hereon or in respect to this
Note shall not release any other such party. The pleading
of any statute of limitations as a defense to any demand
against the undersigned and all guarantors, endorsers,
sureties or other persons liable herein or liable for the
payment of this Note, is expressly waived by each and all of
said parties.
BORROWER:
Digital Teleport, Inc.
ATTEST: a Missouri corporation
By:____________________________ By_____________________________
Name:__________________________ Name:__________________________
Title:_________________________ Title:_________________________
