FOURTH AMENDMENT DATED AS OF JULY 15, 1998
TO THE
AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
DATED AS OF DECEMBER 5, 1990
AS AMENDED BY
THE FIRST AMENDMENT DATED AS OF SEPTEMBER 30, 1992,
THE SECOND AMENDMENT DATED AS OF JUNE 30, 1994 AND
THE THIRD AMENDMENT DATED AS OF JUNE 30, 1997
- - - - - - - - - -
THIS FOURTH AMENDMENT dated as of July 15, 1998, TO THE AMENDED AND
RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF DECEMBER 5, 1990,
as amended (the "Agreement"), is entered into among FLORIDA ROCK INDUSTRIES,
INC., a Florida corporation (the "Company"), BANK OF AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION, a national bank, with its principal office at 000
Xxxxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (in its individual capacity,
"BA"), as agent (in such capacity, the "Agent"), XXXXXXX BANK, N.A.
("Xxxxxxx"), SUNTRUST BANK, CENTRAL FLORIDA, N.A. ("SunTrust"), CRESTAR BANK,
N.A. ("Crestar"), FIRST UNION NATIONAL BANK, (successor by merger to First
Union National Bank of Florida) ("FUNB"), and THE FIRST NATIONAL BANK OF
MARYLAND ("FNBM"). BA, Xxxxxxx, SunTrust, Crestar, FUNB and FNBM are
hereinafter collectively referred to as the "Banks" and individually as a
"Bank".
Recitals:
The Company has requested that the Banks modify the Agreement as set forth
herein. Capitalized terms not otherwise defined herein have the meanings
assigned to them in the Agreement.
Therefore, in consideration of any loan or advance or grant of credit
heretofore or hereafter made to the Company by the Banks, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree that the Agreement is hereby amended as follows:
1. Section 2.6 is hereby amended to read as follows:
"2.6 Notes Evidencing Term Loans. The Term Loans shall be
evidenced by the Term Notes, each of which shall be dated the
Conversion Date, made payable to the order of the Bank making the
Term Loan and shall be payable in consecutive quarterly installments
of principal each equal to five percent (5%) of the original
principal amount of such Term Loan on the last day of September,
December, March and June, commencing September 30, 2000, and a final
payment on the unpaid principal amount of such Term Loan payable on
June 30, 2003".
2. This Amendment shall become effective as of July 15, 1998.
3. As modified herein, all provisions of the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment
to be duly executed by their duly authorized officers, all as of the day and
year first above written.
FLORIDA ROCK INDUSTRIES, INC.
By: XXXXX X. XXXXXXXX
Title: Vice President
Address:
Xxxx Xxxxxx Xxx 0000
Xxxxxxxxxxxx, Xxxxxxx 00000
Facsimile No.: 904/355-0817
Telephone No.: 904/000-0000
BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION
By: XXXXX X. XXXXXXXXX
Title: Managing Director
Address:
000 Xxxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn.:Xxxxx X. Xxxxxxxxx
Managing Director
Facsimile No.: 212/503-7066
Telephone No.: 212/000-0000
XXXXXXX BANK, N.A.
By: XXXXX XXXXXXX
Title: Vice President
Address:
24th Floor, Xxxxxxx Tower
00 Xxxxx Xxxxx Xxxxxx
Xxxxxxxxxxxx, Xxxxxxx 00000
Attn: Xxxxx X. Xxxxxxx
Vice President-Corp. Banking
Facsimile No.: 904/791-5645
Telephone No.: 904/000-0000
SUNTRUST BANK, CENTRAL
FLORIDA, N.A.
By: XXXXX X. XXXXX
Title: Vice President
Address:
000 Xxxxx Xxxxxx Xxxxxx Xxxxx
0xx Xxxxx
Xxxxxxx, Xxxxxxx 00000
Attn: Xxxxx X. Xxxxx
Xx. Vice President
Facsimile No.: 407/237-4076
Telephone No.: 407/000-0000
CRESTAR BANK, N.A.
By: XXXXX X. XXXXXX
Title: Vice President
Address:
0000 Xxx Xxxx Xxxxxx N. W.
5th Floor
Washington, D. C. 20005
Attn: Xxxxx Xxxxxx
Vice President
Facsimile No.: 202/879-6137
Telephone No.: 202/000-0000
FIRST UNION NATIONAL BANK
By: XXXXXXX X. XXXXXXXX
Title: Vice President
Address:
000 Xxxxx Xxxxxx
Xxxxxxxxxxxx, Xxxxxxx 00000
Attn: Xxxxxxx X. Xxxxxxxx
Vice President - Commercial
Banking
Facsimile No.: 904/361-2417
Telephone No.: 904/000-0000
THE FIRST NATIONAL BANK OF
MARYLAND
By: XXXXXX X. XXXXXX
Title: Vice President
Address:
00 Xxxxx Xxxxxxx Xxxxxx, 00xx Xxxxx
National Division
Xxxx Xxxxxx Xxx 0000
Xxxxxxxxx, Xxxxxxxx 00000
Attn: Xxxxxx X. Xxxxxx
Vice President
Facsimile No.: 410/545-2047
Telephone No.: 410/000-0000
