EXHIBIT 10 (i)
AMENDMENT NO. 1
THIS AMENDMENT NO. 1 (the "Amendment") is dated as of the
26th day of March, 1997, and is between Family Dollar Stores,
Inc., a corporation organized under the laws of the state of
Delaware (the "Borrower") and NationsBank, N.A. (the "Bank").
RECITALS
(a) The Borrower and the Bank have entered into that
certain Credit Agreement, dated as of Xxxxx 00, 0000 (xxx
"Xxxxxxxxx").
(x) The Borrower and the Bank desire to amend the Agreement
as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants
contained herein and intending to be legally bound hereby, the
parties agree as follows:
SECTION 1. Definitions. Capitalized terms used in this
Amendment and not defined herein shall have the meanings assigned
to such terms in the Agreement.
SECTION 2. Amendments to the Agreement. The Agreement is,
effective as of the date first above written, hereby amended by
deleting the date "March 30, 1997" in the definition of "Tranch B
Termination Date" and replacing it with "March 29, 1998".
SECTION 3. Obligations. The Borrower shall remain
responsible for the performance of its obligations under the
Agreement, as amended hereby, and its obligations under the other
Loan Documents.
SECTION 4. Integration; Confirmation. On and after the
date hereof, each reference in the Agreement to "this Agreement,"
"herein," "hereunder" or words of similar import, and each such
reference in all other documents delivered in connection with the
Agreement shall be deemed to be a reference to the Agreement as
amended by this Amendment, and the Agreement as so amended shall
be read as a single integrated document. Except as specifically
amended by this Amendment, all other terms and provisions of the
Agreement shall continue in full force and effect and unchanged
and are hereby confirmed in all respects.
SECTION 5. Counterparts. This Amendment may be signed in
any number of counterparts (including counterparts signed and
delivered by facsimile), each of which shall be an original, with
the same effect as if the signatures thereto and hereto were upon
the same instrument.
SECTION 6. Governing Law. This Amendment shall be
construed in accordance with and governed by the law of the State
of North Carolina.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be duly executed by their respective authorized
officers as of the day and year first above written.
BANK: BORROWER;
NATIONSBANK, N.A. FAMILY DOLLAR STORES, INC.
BY: XXX X. XXXXXXXX III By: C. XXXXXX XXXXXX
Name: XXX X. XXXXXXXX III Name: C. XXXXXX XXXXXX
Title: Senior Vice President Title: Senior Vice President-
Finance
Consented to by:
GUARANTORS:
FAMILY DOLLAR SERVICES, INC. FAMILY DOLLAR OPERATIONS, INC.
BY: C. XXXXXX XXXXXX By: C. XXXXXX XXXXXX
Name: C. XXXXXX XXXXXX Name: C. XXXXXX XXXXXX
Title: Senior Vice President- Title: Senior Vice President-
Finance Finance
FAMILY DOLLAR TRUCKING, INC.
BY: C. XXXXXX XXXXXX
Name: C. XXXXXX XXXXXX
Title: Senior Vice President-
Finance