Exhibit 10.17
December 13, 1996
Xxxxx Refining & Marketing, Inc.
0000 Xxxxxxxx Xxxxxx
Xx. Xxxxx, Xxxxxxxx 00000-0000
Re: Certain Amendments
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Ladies and Gentlemen:
Reference is hereby made to that certain Amended and Restated Credit
Agreement dated as of April 19, 1995 by and among Xxxxx Refining & Marketing,
Inc., a Delaware corporation (the "Company"), and certain financial
institutions, as amended (the "Credit Agreement"; capitalized not otherwise
defined herein have the definitions set forth in the Credit Agreement).
The undersigned agree that, with respect to clause (ii) of Section 2 of the
Collateral Account Agreement, the reference to "640-84230" shall be deleted
therefrom and "770-01261" shall be substituted therefor.
The undersigned agree that Schedule 1.01(e) to the Credit Agreement shall
be amended by deleting it in its entirety and substituting therefor Schedule
1.01(e) attached hereto.
The amendments set forth herein shall become effective upon the execution
of a counterpart of this letter agreement by the Company, the Administrative
Agent and Banks constituting Majority Banks.
The agreements set forth herein shall be limited precisely as written and
nothing in this letter agreement shall be deemed to waive any term, provision or
condition of the Credit Agreement or the Collateral Account Agreement.
[Remainder of page is intentionally blank.]
1
SCHEDULE 1.01(e) TO
AMENDED AND RESTATED CREDIT AGREEMENT
Approved Money Market Mutual Funds
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Manager Fund
------- ----
AIM Liquid Assets Portfolio
Prime Portfolio
Federated Investors Prime Obligations Fund #10
Prime Money Market Fund
Prime Value Money Market Fund
Fidelity U.S. Treasury Portfolio
U.S. Treasury Portfolio II
U.S. Government Portfolio
Domestic Money Market Portfolio
Money Market Portfolio
Xxxxxxx Sachs Financial Square Prime Obligations Fund
Financial Square Money Market Fund
Financial Square Treasury Obligations Fund
Xxxxxxx Xxxxx Government Fund
Institutional Fund
Provident Money Market Temp Cash
Temp Fund
SEI Prime Obligations Fund #34
2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed and delivered by their respective officers thereunto duly
authorized as of the date first written above.
XXXXX REFINING & MARKETING, INC.
By: /s/ X. X. Xxxxx
Name: Xxxxx X. Xxxxx
Title: Executive Vice President
& Chief Financial Officer
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION,
as Administrative Agent
By: /s/ Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Vice President
BA SECURITIES, INC.,
as Technical Agent
By: N/A
Name:
Title:
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION, as an
Issuing Bank and as a Bank
By: /s/ Xxxxx X. Xxxxxx
Name: Xxxxx X. Xxxxxx
Title: Vice President
3
THE TORONTO-DOMINION BANK, as
Syndications Agent, as a Co-Arranger,
as an Issuing Bank and as a Bank
By: /s/
Name:
Title:
BANKERS TRUST COMPANY, as
Documentation Agent, as a Co-Arranger,
as an Issuing Bank and as a Bank
By: /s/ Xxxxx Xxxxxxx
Name: Xxxxx Xxxxxxx
Title: Vice President
THE FIRST NATIONAL BANK OF
BOSTON, as an Issuing Bank and
as a Bank
By: /s/ J. R. Xxxxxxx, Jr.
Name: J. R. Xxxxxxx, Jr.
Title: Director
BANK OF AMERICA ILLINOIS, N.A.,
as an Issuing Bank
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Vice President
UNION BANK, as a Bank
By: /s/ X. X. Xxxx
Name: Xxxxxx X. Xxxx
Title: Vice President
4
CREDIT LYONNAIS NEW YORK BRANCH,
as a Bank
By: /s/ Pascal Poupelle
Name: Pascal Poupelle
Title: Senior Vice President
CREDIT LYONNAIS CAYMAN ISLAND
BRANCH, as a Bank
By: /s/ Pascal Poupelle
Name: Pascal Poupelle
Title: Authorized Signature
THE LONG-TERM CREDIT BANK OF
JAPAN, LTD., CHICAGO BRANCH, as
a Bank
By: /s/ Xxxxxxx Xxxxx
Name: Xxxxxxx Xxxxx
Title: Senior Vice President
NBD BANK, as a Bank
By:
Name:
Title:
5
ABN AMRO BANK N.V., CHICAGO
BRANCH, as a Bank
By: /s/ Xxxxx X. Xxxxxx
Name: Xxxxx X. Xxxxxx
Title: Vice President
By: /s/ Xxxx Honda
Name: Xxxx Honda
Title: Vice President
BANK OF SCOTLAND, NEW YORK
BRANCH, as a Bank
By: /s/ Xxxxxxxxx Xxxxxx
Name: Xxxxxxxxx Xxxxxx
Title: Vice President
THE FUJI BANK, LIMITED, CHICAGO
BRANCH, as a Bank
By: /s/ Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxxxx
Title: Joint General Manager
COMERICA BANK, as a Bank
By: /s/ Xxxxxx X. Xxxxxxx
Name: Xxxxxx X. Xxxxxxx
Title: Vice President
THE INDUSTRIAL BANK OF JAPAN,
LIMITED, as a Bank
By:
Name:
Title:
6
NATIONAL CITY BANK, as a Bank
By: /s/ Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxxxx
Title: Vice President
THE MITSUBISHI TRUST AND BANKING
CORPORATION, CHICAGO BRANCH, as
a Bank
By: /s/ M. Xxxxxx Xxxxxxxxx
Name: M. Xxxxxx Xxxxxxxxx
Title: Chief Manager
THE YASUDA TRUST AND BANKING
CO., LTD., CHICAGO BRANCH
as a Bank
By: /s/ Xxxxxxxx Xxxxxx
Name: Xxxxxxxx Xxxxxx
Title: Joint General Manager
XXXXX FARGO BANK, N.A.,
as a Bank
By:
Name:
Title:
7
