EXHIBIT 4(e)
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
c/o Prudential Capital Group
Four Gateway Center
000 Xxxxxxxx Xxxxxx
Xxxxxx, Xxx Xxxxxx 00000
October 3, 0000
Xxxxxx Industries, Inc.
000 Xxxxxxxx Xxxxxx, X.X.
Xxxxxxx, Xxxxxxx 00000
Attention: Chief Financial Officer
Gentlemen:
This letter is to amend that certain Note Agreement between Oxford Industries,
Inc. (the "Company") and the Prudential Insurance Company of America
("Prudential"), dated May 26, 1988, as amended previously the ("Note
Agreement") pursuant to which the Company issued and sold and Prudential
purchased the Company's 8.62% promissory note due May 26, 1996, in the
original principal amount of $30,000,000.
Pursuant to Paragraph 11C of the Note Agreement, and subject to the written
acceptance of the Company as hereinafter provided, Prudential and the Company
hereby agree to amend the Note Agreement as follows:
1. Paragraph 6C(2)(a) is hereby amended and restated in its entirety as
follows:
" (a) the sum of (1) the aggregate amount of all outstanding Debt
(including Secured Debt) of the Company and its Subsidiaries determined on
a consolidated basis, plus (2) the aggregate amount of all outstanding
unsecured Current Debt of the Company permitted by clause (v) of this
paragraph 6C(2), to exceed an amount equal to 110% of Consolidated
Tangible Net Worth, or "
Except as modified hereby, the terms and conditions of the Note Agreement
remain in full force and effect.
If you are in agreement with the foregoing, please sign the enclosed
counterparts of this letter and return them to Prudential, whereupon this
letter shall become a binding agreement between the Company and
Prudential as of June 1, 1995.
Very Truly yours,
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA
By:/S/ Xxxxxx Xxxxx
Vice President
The foregoing amendment is agreed to
and accepted this 6 day of October, 0000
XXXXXX INDUSTRIES, INC.
By:/S/ Xxxxx X. Xxxx
Title: Treasurer