FOURTH AMENDMENT TO CREDIT AGREEMENT EXHIBIT 10.17c
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment"!
is entered into as of September 14, 1995, by and between TCI
International, Inc., a Delaware corporation ("TCI"), TECHNOLOGY
FOR COMMUNICATIONS INTERNATIONAL, a California corporation
("TCI International"), BR COMMUNICATIONS, A California corporation
("BRC") (collectively "Borrowers" and individually "Borrower"),
and XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank").
RECITALS
WHEREAS, Borrower is currently indebted to Bank pursuant to
the terms and conditions of that certain Credit Agreement between
Borrower and Bank dated as of May 17, 1994, as amended from time
to time ("Credit Agreement").
WHEREAS, Bank and Borrower have agreed to certain changes in
the terms and conditions set forth in the Credit Agreement and
have agreed to amend the Credit Agreement to reflect said
changes.
NOW, THEREFORE, for valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree that the Credit Agreement shall be amended as follows:
1. Section 5.3. is hereby deleted in its entirety, and the
following substituted therefor:
SECTION: 5.3. OTHER INDEBTEDNESS. Create,
incur, assume or permit to exist any
indebtedness or liabilities resulting from
borrowings, loans or advances, whether
secured or unsecured, matured or unmatured,
liquidated or unliquidated, joint or several,
except (a) the liabilities of Borrower to
Bank, (b) new purchase money obligations, (c)
any other liabilities of Borrowers existing as of,
and disclosed to Bank prior to, the date hereof, including
an aggregate $3,000,000.00 in standby letter of credit
facilities from other lending institutions, and (d)
bonding by a surety in the maximum aggregate amount of $10,000.
2. Except as specifically provided herein, all terms and
conditions of the Credit Agreement remain
in full force and effect, without waiver or modification.
All terms defined in the Credit Agreement shall
have the same meaning when used in this Amendment.
This Amendment and the Credit Agreement shall
be read together, as one document.
3. Borrower hereby remakes all representations and warranties
contained in the Credit Agreement
and reaffirms all covenants set forth herein. Borrower
further certifies that as of the data of this
Amendment there exists no Event of Default as defined in
the Credit Agreement, nor any condition, act or
event which with the giving of notice or the passage of
time or both would constitute any such Event of
Default.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed as of the day an
year first written above.
XXXXX FARGO BANK, NATIONAL ASSOCIATION
By: /s/ Xxxxxxxx Xxxx, Vice President
TCI INTERNATIONAL, INC.
By: /s/ Xxxx X. Xxxxxxx, III, Vice President
TECHNOLOGY FOR COMMUNICATIONS INTERNATIONAL
By: /s/ Xxxx X. Xxxxxxx, III, Vice President and General Manager
BR COMMUNICATIONS
By: /s/ Xxxx X. Xxxxxxx, III, President