EXHIBIT 10
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NINTH AMENDMENT TO
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
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..............., 1997
Effective: September 15,1997
THIS NINTH AMENDMENT IS made to the Amended and Restated Loan and Security
Agreement (the "LOAN AGREEMENT"), which Amended and Restated Loan and Security
Agreement took effect on April 6, 1995 as an amendment and restatement of the
December 16, 1994 Loan and Security Agreement made between
BankBoston, N.A. (Formerly known as "The First National Bank of
Boston"), a national banking association with offices at 000 Xxxxxxx
Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, as agent for the ratable benefit of the
"LENDERS" being:
BankBoston, N.A.;
and
State Street Bank and Trust Company, a Massachusetts
trust company with offices at 000 Xxxxxxxx Xxxxxx,
Xxxxxx, Xxxxxxxxxxxxx 00000;
and
Citizens Bank of Massachusetts, a Massachusetts savings
bank with offices at 00 Xxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx 00000
and
ACT Manufacturing, Inc., a Massachusetts, corporation with its
principal executive offices at 000 Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx
00000
in consideration of the mutual covenants contained herein and benefits to be
derived herefrom,
WITNESSETH:
SECTION 1-1(d) of the Loan Agreement is amended so that the Definition of
"Inventory Cap" included therein reads as follows:
"Inventory Cap": Until September 15, 1997 :$7,500,000.00.
September 16, 1997 to
November 30, 1997 :15,000,000.00.
Thereafter :12,500,000.00.
The Borrower recognizes that the execution of the within Amendment by the
Agent and by each Lender does not constitute the waiver, by any of them, of any
Suspension Event (as defined in the Loan Agreement) presently extant.
Except as amended hereby, or by the First through Eighth to the Loan
Agreement, all terms and conditions of the Loan Agreement shall remain in full
force and effect.
ACT MANUFACTURING, INC.
(the "Borrower")
/s/ Xxxxxxxx X. Xxxxxxxx
By__________________________
CHIEF FINANCIAL OFFICER
Its_________________________
BANKBOSTON, N.A.
("Agent")
/s/ Xxxxxx X. Xxxxx
By________________________
Director
Its_______________________
The "Lenders"
BANKBOSTON, N.A. STATE STREET BANK
AND TRUST COMPANY
/s/ Xxxxxx X. Xxxxx
By_______________________ By______________________
Director
Its______________________ Its_____________________
CITIZENS BANK OF MASSACHUSETTS
By_______________________
Its______________________
BANKBOSTON, N.A.
("Agent")
By________________________
Its_______________________
The "Lenders"
BANKBOSTON, N.A. STATE STREET BANK
AND TRUST COMPANY
By_______________________ By______________________
Its______________________ Its_____________________
CITIZENS BANK OF MASSACHUSETTS
/s/ Xxxxx X. Xxxxx
By_______________________
Vice President
Its______________________
BANKBOSTON, N.A.
("Agent")
By________________________
Its_______________________
The "Lenders"
BANKBOSTON, N.A. STATE STREET BANK
AND TRUST COMPANY
/s/ F. Xxxxxx Xxxxx
By_______________________ By______________________
VICE PRESIDENT
Its______________________ Its_____________________
CITIZENS BANK OF MASSACHUSETTS
By_______________________
Its______________________
