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EXHIBIT 10.2
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SIXTH AMENDMENT TO FORBEARANCE AGREEMENT
This SIXTH AMENDMENT TO FORBEARANCE AGREEMENT (the "AGREEMENT") dated as of
August 22, 2000 by and among FLEET NATIONAL BANK F/K/A FLEET NATIONAL BANK OF
CONNECTICUT f/k/a SHAWMUT BANK CONNECTICUT, N.A., a national banking association
with a place of business at 000 Xxxx Xxxxxx Xxxxxxxx, Xxxxxxxxxxx 00000
("LENDER"), EDAC TECHNOLOGIES CORPORATION, a Wisconsin corporation with a
principal place of business at 0000 Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxx
00000 ("BORROWER"), APEX MACHINE TOOL COMPANY, INC., a Connecticut corporation
with a mailing address c/o Borrower at 0000 Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxx,
Xxxxxxxxxxx 00000 ("APEX"), and GROS-ITE INDUSTRIES, INC., a Connecticut
corporation with a mailing address c/o Borrower at 0000 Xxx Xxxxxxx Xxxxxx,
Xxxxxxxxxx, Xxxxxxxxxxx 00000 ("GROS-ITE" and collectively with Apex,
"GUARANTOR") (all of the foregoing sometimes hereinafter referred to as the
"Parties").
RECITALS
Prior hereto, the Lender and Borrower have entered into a Forbearance Agreement,
a First Amendment to Forbearance Agreement, a Second Amendment to Forbearance
Agreement and a Third Amendment to Forbearance Agreement a Fourth Amendment to
Forbearance Agreement and a Fifth Amendment to Forbearance Agreement
(collectively the "Prior Forbearance Agreements"), which individually and
collectively have set forth the agreements and obligations between the Parties.
It is the intention of the Parties to enter into this Sixth Amendment to
Forbearance Agreement, incorporating all of the recitals, representations and
agreements of the Prior Forbearance Agreements, as if fully set forth herein,
except as expressly set forth below.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and
as a condition to this Sixth Amendment to Forbearance Agreement, the Parties
hereto agree, represent and warrant as follows:
A. All of the terms, conditions, representations and agreements
included in the Prior Forbearance Agreements are hereby confirmed, ratified and
agreed to as part of this, the Sixth Amendment to Forbearance Agreement, as if
fully set forth herein.
B. The definition of "Loan and Forbearance Documents" and "Loan
Documents" as contained in the Prior Forbearance Agreements shall include this
Sixth Amendment to Forbearance Agreement.
C. The accrual of the Third Amendment Fee as described in paragraph G
of the Third Amendment to Forbearance Agreement shall continue to the earlier of
August 30, 2000 or the satisfaction of the obligations owed to the Lender,
payment of which shall be made on that date.
D. The period of forbearance as described in paragraph J of the Third
Amendment to Forbearance Agreement is extended to August 30, 2000.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
LENDER:
FLEET NATIONAL BANK
By:/s/G. Xxxxx Xxxxxx
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G. Xxxxxxxxxxx Xxxxxx
Its Vice President
(Duly Authorized)
BORROWER:
EDAC TECHNOLOGIES CORPORATION
By:/s/Xxxxxx X. Xxxxxxxxx
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Xxxxxx X. Xxxxxxxxx
Its Vice President
(Duly Authorized)
GUARANTORS:
GROS-ITE INDUSTRIES, INC.
By:/s/Xxxxxx X. Xxxxxxxxx
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Xxxxxx X. Xxxxxxxxx
Its Vice President
(Duly Authorized)
APEX MACHINE TOOL COMPANY, INC.
By: /s/Xxxxxx X. Xxxxxxxxx
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Xxxxxx X. Xxxxxxxxx
Its Vice President
(Duly Authorized)
