EXHIBIT 10.94.2
AMENDMENT NO. 2
TO
SECURED PROMISSORY NOTE
This Amendment No. 2 (this "AMENDMENT") to the Secured Promissory Note
is executed as of January 2, 2002, between Trans Textil International, S.A. de
C.V. (formerly, Tex Transas, S.A. de C.V.), a corporation formed under the laws
of the Republic of Mexico (the "COMPANY"), Tarrant Company Limited, a
corporation formed under the laws of Hong Kong ("TCL"), and Trade Link Holdings
Company, a corporation formed under the laws of Hong Kong ("TLH" and,
collectively with TCL, the "PAYEES").
WHEREAS, the Payees collectively are the holder of that certain Secured
Promissory Note, dated October 5, 2000, in the original principal amount of
$47,702,128.00, as amended as of December 18, 2001 (the "NOTE").
WHEREAS, the Company and Payees desire to amend the Note as set forth
in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and for other good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The Note is hereby amended as follows:
Effective as of November 1, 2001, the interest that accrues on the
outstanding principal amount of the Note shall be payable in full on
December 31, 2002 and in annual installments thereafter on December 31
of each calendar year.
2. Except as expressly set forth above, the terms and conditions of the Note
shall remain unchanged by this Amendment and the Note shall remain in full force
and effect in accordance with its terms.
3. This Amendment may be executed in two or more counterparts, each of which
shall constitute an original, but all of which, when taken together, shall
constitute one and the same instrument.
[REMAINDER OF PAGE INTENTIONALLY BLANK.]
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed as of the date first above written.
COMPANY
TRANS TEXTIL INTERNATIONAL, S.A. de C.V.
By: /S/ XXXXX XXXXX
----------------------------------
Xxxxx Xxxxx
Its: AUTHORIZED SIGNATORY
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ACKNOWLEDGED AND AGREED AS
OF THE DATE FIRST ABOVE WRITTEN:
PAYEES:
TARRANT COMPANY LIMITED
By: /S/ XXXX XXXX
----------------------------
Its: AUTHORIZED SIGNATORY
TRADE LINK HOLDINGS COMPANY
By: /S/ XXXX XXXX
----------------------------
Xxxx Xxxx
Its: AUTHORIZED SIGNATORY
