BY U.S. MAIL AND ELECTRONIC TRANSMISSION Owens Financial Group, Inc. August 4, 2009
EXHIBIT 10
BY U.S. MAIL AND ELECTRONIC TRANSMISSION
Xxxxx Financial Group, Inc. August
4, 2009
0000 Xxxxxxx Xxxxxxxxx
Walnut Creek, CA 94595
Attention: Xx. Xxxxxxx X. Xxxxx, President
Xx. Xxxxx X. Xxxxxx, Chief Financial Officer
RE: (a) Credit Agreement between Xxxxx Financial Group, Inc., as Borrower, and California Bank & Trust, First Bank, and City National Bank, as Lenders, dated August 31, 2001, as amended, for Revolving Loans up to $20,000,000 and Swing Loans
(b) Credit Agreement between Xxxxx Mortgage Investment Fund, as Borrower, and California Bank & Trust, First Bank and City National Bank, as Lenders, dated August 31, 2001, as amended for Revolving Loans up to $55,000,000.00 and Swing Loans
Gentlemen:
We are writing on behalf of California Bank & Trust in its role as Agent under the above-mentioned Credit Agreements. By this letter, we wish to notify you that the obligations of the Borrowers under these Credit Agreements have matured and all principal and accrued interest there under are now due and owing. Because
of the maturity, no further Loans will be made under either Credit Agreement.
Any forbearance or restraint by the Lenders in taking any action to which they are entitled under the Credit Agreements by virtue of the maturity of the obligations without full payment of the Loans should not be construed as a waiver of any rights afforded to the Lenders under the Credit Agreements or by law. The Lenders reserve
such rights. Any waiver thereof shall require the signed, written consent of the Lenders. Likewise, any modification of the Credit Agreements shall require the signed, written agreement of the Lenders.
Sincerely,
/s/ Xxxxxxx X. Xxxxxxxxx
Xxxxxxx X. Xxxxxxxxx
Executive Vice President
cc. Xxxxxxx Xxxxx, Senior Vice President
First Bank
Commercial and Private Banking
000 Xxxxxxxxxx Xxxxxx
Xxx Xxxxxxxxx, XX 00000 |
cc. Xxxxx XxXxxxx, Vice President
City National Bank
000 Xxxxx Xxxxxx Xx. 00xx Xxxxx
Xxx Xxxxxxx, XX 00000 |