EXHIBIT 10.9.2
(ILLINOIS)
FIRST AMENDMENT TO MORTGAGE, ASSIGNMENT OF
RENTS & SECURITY AGREEMENT
THIS FIRST AMENDMENT TO MORTGAGE, ASSIGNMENT OF RENT & SECURITY
AGREEMENT, dated as of June 29, 2001, is made between JV ILL REALTY CORP., an
Illinois corporation ("Mortgagor"), whose address is c/o Day International
Group, Inc., 000 Xxxx Xxxxxx Xxxxxx, Xxxxxx, XX 00000, and BANK ONE, NA, a
national banking association ("Bank One"), whose address is 00 Xxxxx Xxxx
Xxxxxx, Xxxxxx, XX 00000, assignee of SOCIETE GENERALE, resigning Administrative
Agent, and successor Administrative Agent (in such capacity, "Mortgagee") for
several banks and other financial institutions (the "Lenders") from time to time
parties to the Amended and Restated Senior Secured Credit Agreement dated as of
October 19, 1999, (as the same may be amended, supplemented, waived or otherwise
modified from time to time, the "Credit Agreement") among XX Xxxxx Securities
Corporation, as Arranger, Mortgagee, the Lenders, and Day International Group,
Inc. (the "Borrower"). References to this Mortgage shall mean this instrument
and any and all renewals, modifications, amendments, supplements, extensions,
consolidations, substitutions, spreaders and replacements of this instrument.
References to this "Amendment" shall mean this instrument. Capitalized terms
used and not otherwise defined herein shall have the meanings assigned thereto
in the Credit Agreement.
RECITALS
A. Mortgagor has executed that certain Mortgage, Assignment of Rents
and Security Agreement dated as of October 19, 1999 and recorded in the DuPage
County Recorder's Office at document number R99-227062 on October 26, 1999 (the
"Mortgage").
B. Mortgagor and Mortgagee have agreed to modify the Mortgage as
provided herein in accordance with the terms of that Agency Assignment Agreement
dated June 29, 2001 entered into by and among Day International Group, Inc.,
Societe Generale as resigning Administrative Agent and Bank One, NA, in its
capacity as successor Administrative Agent.
NOW, THEREFORE, in consideration of the premises and the mutual
agreements herein, the parties, intending to be legally bound, hereby agree as
follows:
1. Amendment to Mortgage. The Mortgage is hereby amended to reflect the
resignation of Societe Generale as Administrative Agent and its replacement in
such capacity by Bank One, NA as successor Administrative Agent under the Credit
Agreement, as amended, and pursuant to the terms of the Agency Assignment
Agreement dated as of June 29, 2001 as follows:
a. The introductory paragraph of the Mortgage is hereby amended by
deleting "SOCIETE GENERALE, whose address is 1221 Avenue of the Americas, Xxx
Xxxx, Xxx Xxxx 00000" and substituting "BANK ONE, NA, whose address is [611
Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000]" in place thereof.
b. All references in the Mortgage to Mortgagee are henceforth deemed
to be references to Bank One, NA, as Mortgagee.
2. Ratification. Except as set forth herein, the Mortgage remains
unmodified and in full force and effect.
3. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
[Space intended]
This Amendment has been duly executed by the undersigned on the date
first above written.
JV ILL REALTY CORP.
By:
-----------------------------
Name:
Title:
Attest:
By:
-----------------------------
Name:
Title:
ATTEST:
Signed, sealed and delivered
in our presence:
------------------------
Print Name:
------------------------
Print Name:
BANK ONE, NA
By:
-----------------------------
Name:
Title:
Attest:
By:
-----------------------------
Name:
Title:
ATTEST:
Signed, sealed and delivered
in our presence:
------------------------
Print Name:
------------------------
Print Name:
STATE OF OHIO )
: SS
COUNTY OF XXXXXXXXXX )
PERSONALLY APPEARED before me the undersigned witness who signed above
and who being first duly sworn deposes and says thet s/he saw the within named
JV ILL REALTY CORP., an Illinois corporation, by _____________________, its
___________________, attested by ____________________, its ____________________,
sign and seal and as its act and deed deliver the within-written Amendment for
the uses and purposes therein mentioned and that s/he with the other witness who
signed above witnessed the execution thereof.
_________________________________
Signature of Proving Witness
SWORN TO BEFORE ME this ____ day of _____________, 2001.
____________________________________
Notary Public for __________________
My commission expires ______________
STATE OF ______________)
): SS
COUNTY OF _____________)
THE FOREGOING INSTRUMENT was acknowledged before me this ____ day of
____________________, 2001 by _____________________, the _______________ of BANK
ONE, NA, a national banking association, as Agent, on behalf of said
association.
_______________________________________
Notary Public for _____________ County
My Commission expires _________________
