EXHIBIT 10.1
Lease Plan North America, Inc
c/o ABN AMRO Bank N.V. as Agent
Capital Markets-Syndications Group
0000 Xxxxxx xx xxx Xxxxxxxx, 0xx Xxxxx
Xxx Xxxx, XX 00000
Attn: Xxxxx Xxxxxxxx
1. Reference is made to that certain Participation Agreement, dated as of
December 5, 1997 (the "Participation Agreement"), among Etec Systems, Inc.
("Lessee"), Lease Plan North America, Inc. ("Lessor"), the financial
institutions listed in Schedule I to the Participation Agreement, (the
"Participants") and ABN AMRO Bank N.V., as agent for the Participants (in such
capacity, "Agent"). Unless otherwise indicated, all terms defined in the
Participation Agreement have the same respective meanings when used herein.
2. Pursuant to Subparagraph 2.09(a) of the Participation Agreement,
Lessee hereby irrevocably requests Lessor to extend (and the Participants to
consent to such extension) the Unused 364-Day Commitment $10,000,000 for an
additional six (6) months by extending the current 364-Day Commitment
Termination Date from December 4, 1998 to June 4, 1999.
3. Lessee hereby certifies to the Lessor Parties that, on the date of this
364-Day Commitment Extension Request and after giving effect to the extension
requested hereby:
(a). The representation and warranties of Lessee set forth in Paragraph 4.01
of the Participation Agreement and in the other Operative Documents are true
and correct in all material respects as if made on such date (except for
representations and warranties expressly made as of a specified date, which
shall be true as of such date);
(b) No Default has occurred and is continuing; and
(c) All of the Operative Documents are in full force and effect.
By: /S/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx
Corporate Treasurer
Etec Systems, Inc.
Consented to and Acknowledged by:
Signature:Xxxx Xxxx Xxxx
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Name: Xxxx Xxxx Xxxx
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Title: V. P.
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Bank: Comerica
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