1
EXHIBIT 10.41
FIRST AMENDMENT TO EUROPEAN CREDIT AGREEMENT
dated as of September 25, 1998,
among
XXXXXX MICRO INC., and
XXXXXX EUROPEAN COORDINATION CENTER N.V.,
as the Primary Borrowers and Guarantors, and
CERTAIN FINANCIAL INSTITUTIONS,
as the Relevant Required Lenders
amending the US $500,000,000
EUROPEAN CREDIT AGREEMENT
dated as of October 28, 1997,
also among
XXXXXX MICRO INC., and
INGRAM EUROPEAN COORDINATION CENTER N.V.,
as the Primary Borrowers and Guarantors,
CERTAIN FINANCIAL INSTITUTIONS,
as the Lenders,
THE BANK OF NOVA SCOTIA,
as Administrative Agent for the Lenders,
and
NATIONSBANK, N.A.
(successor in interest by merger to NationsBank of Texas, N.A.),
as Documentation Agent for the Lenders,
as arranged by
THE BANK OF NOVA SCOTIA and
NATIONSBANC CAPITAL MARKETS, INC.,
as the Arrangers
PREPARED BY XXXXXX AND XXXXX, L.L.P.
2
FIRST AMENDMENT TO EUROPEAN CREDIT AGREEMENT
THIS DOCUMENT is entered into as of September 25, 1998, among:
XXXXXX MICRO INC., a corporation organized and existing under the laws
of the State of Delaware, United States of America ("MICRO");
XXXXXX EUROPEAN COORDINATION CENTER N.V., a company organized and
existing under the laws of The Kingdom of Belgium ("COORDINATION
CENTER," and collectively with Micro, the "PRIMARY BORROWERS"); and
The financial institutions executing this document as Lenders (the
"RELEVANT REQUIRED LENDERS").
(see PARAGRAPH 1 below regarding defined terms)
This document is being executed and delivered to amend certain
provisions of the European Credit Agreement (as renewed, extended, amended, or
supplemented, the "CREDIT AGREEMENT") dated as of October 28, 1997, among (a)
the Primary Borrowers; (b) certain Lenders (which includes the Relevant Required
Lenders); and (c) The Bank of Nova Scotia ("SCOTIABANK"), as administrative
agent for the Lenders (in such capacity, the "ADMINISTRATIVE AGENT"), and
NationsBank, N.A. (successor in interest by merger to NationsBank of Texas,
N.A.) ("NATIONSBANK"), as documentation agent for the Lenders (in such capacity,
the "DOCUMENTATION AGENT"), both of which are collectively the "AGENTS".
Effective December 22, 1997, Micro Singapore ceased to be a Subsidiary of Micro,
and effective January 15, 1998, in accordance with SECTION 11.16 of the Credit
Agreement, Micro Singapore ceased to be a Supplemental Borrower and a Guarantor
under the Credit Agreement.
The Relevant Required Lenders have agreed, upon and subject to the
terms and conditions of this document, to alter the terms of the Credit
Agreement as provided below.
ACCORDINGLY, for adequate and sufficient consideration, the Borrowers
and the Relevant Required Lenders agree as follows:
1. TERMS AND REFERENCES. Unless otherwise stated in this document, terms defined
in the Credit Agreement have the same meanings when used in this document and
references to "ARTICLES," "SECTIONS," "SCHEDULES," and "EXHIBITS" are to the
Credit Agreement's articles, sections, schedules, and exhibits.
2. AMENDMENTS. Subject to PARAGRAPH 3 but otherwise effective as of the date of
this document, the Credit Agreement is amended as follows:
A. SECTION 1.1 is amended by adding or entirely amending, as the case
may be, the following defined terms in alphabetical order with all other defined
terms in that section:
"ACQUIRED EXISTING DEBT AND LIENS" means, for a
period of 90 days following the acquisition or merger of a
Person by or into Micro or any of its Subsidiaries or the
acquisition of a business unit of a Person or the assets of a
Person or business unit of a Person by Micro or any of its
Subsidiaries, the Indebtedness and Liens of that Person or
business unit that (a) were not incurred in connection with
that acquisition or merger and do not constitute any
refinancing of Indebtedness so incurred and (b) were in
existence at the time of that acquisition or merger.
3
"ADDITIONAL PERMITTED LIENS" means, as of any date
(a) Liens securing Indebtedness and not described in CLAUSES
(a) through (l) of SECTION 8.2.2, but only to the extent that
(i) the Amount of Additional Liens on that date does not
exceed twenty percent (20%) of Consolidated Tangible Net Worth
on that date and (ii) Borrowers are otherwise in compliance
with SECTION 8.2.1(b), and (b) Liens constituting Acquired
Existing Debt and Liens on that date.
"FOREIGN SUBSIDIARY" means any Subsidiary that is not
domiciled in the United States.
"MICRO SINGAPORE" is defined in the preamble but is
no longer party to any Loan Document.
"SENIOR CONSOLIDATED FUNDED DEBT" means, as of any
date of determination, the total of all Consolidated Funded
Debt of Micro and its Consolidated Subsidiaries outstanding on
such date that ranks PARI PASSU with the Obligations.
B. The definition of "Material Asset Acquisition" in SECTION 1.1 is
amended to add the words "or 8.2.9(d)" at the end of it.
C. In the definition of "Total Indebtedness of Subsidiaries" in SECTION
1.1 (i) the word "and" before CLAUSE (b) is replaced with a comma and (ii) a new
CLAUSE (c) is added as follows:
, and (c) any Indebtedness under any Loan Document (as defined
in this Agreement, the Canadian Credit Agreement, and the U.S.
Credit Agreement).
D. SECTION 1.1 is amended by entirely deleting the definitions of the
terms "Consolidated Current Assets," "Consolidated Current Liabilities," and
"Consolidated Current Ratio".
E. SECTION 6.3.3 is amended by adding the parenthetical "(OTHER THAN a
Foreign Subsidiary)" after the 18th and 19th words "Material Subsidiary" in that
section.
F. A new SECTION 7.18 is added as follows:
SECTION 7.18 YEAR 2000. Micro believes that its
computer applications that are material to its business and
operations will be able to perform properly date-sensitive
functions for all dates on and after January 1, 2000, EXCEPT
to the extent that a failure to do so would not reasonably be
expected to have a Material Adverse Effect.
G. SECTION 8.1.10 is amended by adding the parenthetical "(OTHER THAN
Foreign Subsidiaries)" after the 9th word "Subsidiaries" in CLAUSE (c) of that
section.
H. SECTION 8.2.1(b) is entirely amended as follows:
(b) Micro will not at the end of any Fiscal Period
permit (i) Total Indebtedness of Subsidiaries (OTHER THAN
Indebtedness of any Guarantor and Indebtedness constituting
Acquired Existing Debt and Liens) to exceed twenty percent
(20%) of Consolidated Tangible Net Worth, or (ii) SECTION
8.2.2(m) to be violated.
FIRST AMENDMENT
4
I. SECTIONS 8.2.2(k) and (l) are entirely amended as follows:
(k) Liens of the nature referred to in CLAUSE (b) of
the definition of the term "LIEN" and granted to a purchaser
or any assignee of such purchaser which has financed the
relevant purchase of Trade Accounts Receivable of any Borrower
or any of their respective subsidiaries and Liens on any
related property that would ordinarily be subject to a Lien in
connection therewith such as proceeds and records;
(l) Liens on accounts receivable of Micro Canada with
respect to any accounts receivable securitization program and
on any related property that would ordinarily be subject to a
Lien in connection therewith such as proceeds and records; and
J. SECTION 8.2.3(a) is entirely amended as follows:
(a) [INTENTIONALLY BLANK]
K. SECTION 8.2.3(c) is entirely amended as follows:
(c) (i) the ratio of (A) the average daily balances
of Senior Consolidated Funded Debt during any Fiscal Period to
(B) Consolidated EBITDA for the period of four Fiscal Periods
ending on the last day of such Fiscal Period to exceed 3.5 to
1.0; and (ii) the ratio of (A) the average daily balances of
Consolidated Funded Debt during any Fiscal Period (B) to
Consolidated EBITDA for the period of four Fiscal Periods
ending on the last day of such Fiscal Period to exceed 4.0 to
1.0;
PROVIDED THAT, for purposes of calculating the preceding
ratios (A) Consolidated Funded Debt on any day shall be the
amount otherwise determined pursuant to the definition thereof
plus the amount of Consolidated Transferred Receivables on
such day, and (B) the contribution of any Subsidiary of Micro
acquired (to the extent the acquisition is treated for
accounting purposes as a purchase) during those four Fiscal
Periods to Consolidated EBITDA shall be calculated on a PRO
FORMA basis as if it had been a Subsidiary of Micro during all
of those four Fiscal Periods.
L. SECTION 8.2.3(d) is entirely amended as follows:
(d) the Consolidated Tangible Net Worth at the end of
any Fiscal Period to be less than the SUM of (i) 90% of
Consolidated Tangible Net Worth at the end of the Fiscal Year
ending nearest to December 31, 1997, PLUS (ii) 50% of
Consolidated Net Income (without taking into account any
losses incurred in any Fiscal Year) for each Fiscal Year ended
thereafter that ends on or before the last day of that Fiscal
Period.
M. The proviso in SECTION 8.2.4 is entirely amended as follows:
; PROVIDED, HOWEVER, THAT, Micro may redeem, purchase
or acquire (a) any of its capital stock (i) issued to
employees pursuant to any Plan or other contract or
arrangement relating to employment upon the termination of
employment or other events or (ii) in a transaction
contemplated by the Transition Agreements and (b) any of its
Indebtedness that is convertible into its securities.
FIRST AMENDMENT
5
N. The words "such or" are deleted as the 27th and 28th words of
the last sentence of Section 8.2.6.
O. SECTION 8.2.7(a) is entirely amended as follows:
(a) No Borrower may make any Material Asset
Acquisition UNLESS no Event of Default exists or would exist
after giving effect to the proposed Material Asset
Acquisition.
P. SECTION 8.2.9 is amended as follows:
(1) The word "and" is deleted at the end of SECTION 8.2.9(b).
(2) SECTION 8.2.9(c) is entirely amended as follows:
(c) so long as no Event of Default has occurred and
is continuing or would occur after giving effect thereto,
Micro and any Subsidiary of Micro may Dispose of assets in
transactions exclusively among Micro and any of its
Subsidiaries or among Subsidiaries of Micro that satisfy the
requirements of SECTION 8.2.6; PROVIDED THAT, notwithstanding
any provision hereof to the contrary, in the event that,
immediately after giving effect to any Disposition described
in this CLAUSE (c) to a Subsidiary of Micro, such Subsidiary
shall own assets constituting at least ten percent (10%) of
Consolidated Assets determined as of the last day of the most
recently completed Fiscal Period, such Subsidiary of Micro
shall be deemed a Material Subsidiary for all purposes
hereunder as of the date of such Disposition and Micro shall
cause any such Material Subsidiary (UNLESS a Foreign
Subsidiary) promptly to execute and deliver an Additional
Guaranty in favor of the Lender Parties in accordance with
SECTION 8.1.10; and
(3) A new SECTION 8.2.9(d) is added as follows:
(d) subject to SECTION 8.2.8, any Borrower may (and
may permit any of its Subsidiaries to) sell, assign, xxxxx x
Xxxx in, or otherwise transfer any interest in its Trade
Accounts Receivable and related property such as proceeds and
records.
Q. The last parenthetical phrase in SECTION 9.1.3 that begins with the
word "excluding" is entirely deleted.
R. The last parenthetical in SECTION 9.1.5 is entirely amended as
follows:
(without the giving of further notice or lapse of additional
time)
S. SECTION 11.16(a) is amended by adding the phrase "and the other Loan
Documents" at the end thereof.
FIRST AMENDMENT
6
I. CONDITIONS PRECEDENT. Notwithstanding any contrary provision, PARAGRAPH 2
above is not effective unless and until (A) all principal, interest, fees,
costs, and expenses due under the Credit Agreement (as amended by this
document), all fees payable to either Agent in connection with this document as
agreed to between such Agent and Micro, and all outstanding fees and expenses of
counsel to the Agents are, in each case, paid in full to the extent due and
payable (and, unless an amount is otherwise provided by the Loan Documents and
without waiving the right for subsequent reimbursement in accordance with the
Loan Documents, to the extent that a reasonably detailed invoice is presented to
Micro by September 21, 1998) after giving effect to this document and (B) the
Administrative Agent receives either (i) counterparts of this document duly
executed and delivered by an Authorized Person of each Obligor and by the
Required Lenders or (ii) facsimile, telegraphic, or other written confirmation
of the execution of counterparts of this document.
I. REPRESENTATIONS. To induce the Relevant Required Lenders to enter into this
document, the Borrowers (for themselves and each other Obligor) jointly and
severally represent and warrant to the Agents and the Lenders as follows:
A. CREDIT AGREEMENT. Each of the representations and warranties of each
Obligor set forth in ARTICLE VII of the Credit Agreement (excluding those
contained in SECTION 7.8) is true and correct as though made on and as of the
date of this document (unless stated to relate solely to an earlier date, in
which case, such representations and warranties were true and correct as of such
earlier date) with each reference in those representations to "this Agreement,"
the "Loan Documents," "hereof," "hereunder," "thereof," "thereunder," and words
of like import being, for purposes of this clause, references to the Credit
Agreement and the Loan Documents, in each case as amended or waived by this
document.
B. ENFORCEABILITY. Upon execution and delivery by the Obligors and the
Required Lenders, this document will constitute a valid and binding agreement of
each Obligor, enforceable against it in accordance with this document's terms
except as such enforcement may be limited by applicable bankruptcy, insolvency,
reorganization, or other similar laws relating to or limiting creditors' rights
generally or by general principles of equity.
C. OBLIGORS. As of the date of, and after giving effect to, this
document, the only Obligors under the Credit Agreement and Loan Documents are
Micro; Coordination Center; Xxxxxx Micro, Inc., a corporation organized and
existing under the laws of the Province of Ontario, Canada; Xxxxxx Micro
Holdings Limited, a corporation organized and existing under the laws of the
United Kingdom; and Xxxxxx Micro (UK) Limited, a corporation organized and
existing under the laws of the United Kingdom.
I. RATIFICATIONS. To induce the Relevant Required Lenders to enter into this
document each Borrower (and, by its execution below, each other Obligor) (A)
ratifies and confirms all provisions of the Credit Agreement and other Loan
Documents to which it is a party, as amended or waived by this document, and (B)
ratifies and confirms that all guaranties granted in favor of any of the Agents
or the Lenders under the Loan Documents (as they may have been renewed,
extended, amended, or supplemented) are not released, reduced, or otherwise
adversely affected by this document, or any other Loan Document, and continue to
guarantee full payment and performance of the present and future Obligations.
FIRST AMENDMENT
7
I. MISCELLANEOUS.
A. CREDIT AGREEMENT AND LOAN DOCUMENTS. Upon the effectiveness of
PARAGRAPH 2 above as provided in PARAGRAPH 3 above, all references in the Loan
Documents to the "Credit Agreement" refer to the Credit Agreement as amended by
this document. This document is a "Loan Document" referred to in the Credit
Agreement, and the provisions relating to Loan Documents in ARTICLES I and IX
are incorporated in this document by reference. Except as specifically amended
and modified in this document, the Credit Agreement is unchanged and continues
in full force and effect. No change or waiver of any provision of this document
is valid unless in a writing that is signed by the party against whom it is
sought to be enforced.
B. GOVERNING LAW. This document shall be deemed to be a contract made
under and governed by English laws.
C. COUNTERPARTS. This document may be executed in any number of
counterparts with the same effect as if all signatories had signed the same
document. All counterparts shall be construed together to constitute one and the
same document.
REMAINDER OF PAGE INTENTIONALLY BLANK. THIS PAGE IS
FOLLOWED BY A SIGNATURE PAGE FOR THE OBLIGORS, FOLLOWED BY SEPARATE
SIGNATURE PAGES FOR THE RELEVANT REQUIRED LENDERS.
FIRST AMENDMENT
8
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
XXXXXX MICRO INC., as a Primary INGRAM EUROPEAN COORDINATION
Borrower and a Guarantor CENTER N.V., as a Primary Borrower
and a Guarantor
By /s/ Xxxxx X. Xxxxxxxx By /s/ Xxxxxxx X. Xxxxxxxx
------------------------------- -------------------------------
Xxxxx X. Xxxxxxxx, Vice Xxxxxxx X. Xxxxxxxx, Authorized
President & Worldwide Treasurer Representative
ADDRESS: 0000 X. Xx. Xxxxxx Xxxxx ADDRESS: Luchthavenlaan 25A
Xxxxx Xxx, XX 00000 X-0000 Xxxxxxxxx
Xxxxxxx
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 011-32-2-254-9290
ATTENTION: Xxxxx X. Xxxxxxxx ATTENTION: Xxxxxxx Xxxx
The undersigned Obligors consent and agree in all respects to PARAGRAPH
5 and all other provisions of the foregoing First Amendment to European Credit
Agreement as Obligors under the European Credit Agreement and all related Loan
Documents.
XXXXXX MICRO HOLDINGS LTD., XXXXXX MICRO INC.,
as an Obligor an Ontario, Canada corporation, as an
Obligor
By /s/ Xxxxxxx Xxxx By /s/ Xxxxxxx X. Xxxxxxx
------------------------------- -------------------------------
Name: Xxxxxxx Xxxx Xxxxxxx X. Xxxxxxxx, Attorney
Title: VP, Finance & CFO Europe
ADDRESS: Ingram House ADDRESS: 000 Xxxxxx Xxxxx
Xxxxxxxxx Xxxxx Xxxxxx, Xxxxxxx
Xxxxxxx Xxxxxx, X0X 0X0
Xxxxxx Xxxxxx
Xxxxx XX0 0XX
FACSIMILE NO.: 011-32-2-254-9290 FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxxxxx Xxxx ATTENTION: Xxxxxx X. Xxxxxxx
9
XXXXXX MICRO (UK) LTD.,
as an Obligor
By /s/ Xxxxxxx Xxxx
-------------------------------
Name: Xxxxxxx Xxxx
Title: VP, Finance & CFO Europe
ADDRESS: Ingram House
Xxxxxxxxx Xxxxx
Xxxxxxx
Xxxxxx Xxxxxx
Xxxxx XX0 0XX
FACSIMILE NO.: 011-32-2-254-9290
ATTENTION: Xxxxxxx Xxxx
10
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
THE BANK OF NOVA SCOTIA, as the
Administrative Agent
By /s/ X.X. XxXxxxx
--------------------------------------
X.X. XxXxxxx, Manager
ADDRESS FOR NOTICES:
Scotia House
00 Xxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxx XX0X 0XX
FACSIMILE NO.: 011-44-171-826-5857
ATTENTION: Xxxxxx Xxxxxxx
ADDRESS FOR PAYMENT OF FEES:
Scotia House
00 Xxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxx XX0X 0XX
FACSIMILE NO.: 011-44-171-826-5857
ATTENTION: Xxxxxx Xxxxxxx
11
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
8.5% $42,500,000 SCOTIABANK EUROPE PLC, (formerly named
in the Credit Agreement as The Bank of
Nova Scotia) as a Lender
By /s/ Xxxxxx Xxxx
Name: Xxxxxx Xxxx
Title: Senior Vice President
LENDING OFFICE FOR OTHER ADDRESS FOR NOTICES:
LOANS:
Scotia House Scotia House
00 Xxxxxxxx Xxxxxx 00 Xxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxx XX0X 0XX Xxxxxx, Xxxxxxx XX0X 0XX
FACSIMILE NO.: 011-44-171-826-5617 FACSIMILE NO.: 011-44-171-826-5617
ATTENTION: Xxxxx Xxxxxx ATTENTION: Managing Director
LENDING OFFICE FOR LOANS ADDRESS FOR PAYMENT OF FEES:
TO MICRO:
Scotia House
Scotia House 00 Xxxxxxxx Xxxxxx
00 Xxxxxxxx Xxxxxx Xxxxxx, Xxxxxxx XX0X 0XX
Xxxxxx, Xxxxxxx XX0X 0XX
FACSIMILE NO.: 011-44-171-826-5617
FACSIMILE NO.: 011-44-171-826-5617
ATTENTION: Xxxxx Xxxxxx
ATTENTION: Xxxxx Xxxxxx
FIRST AMENDMENT
12
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
8.5% $42,500,000
NATIONSBANK OF TEXAS, N.A., as the
Documentation Agent and as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
000 Xxxx Xxxxxx Xxx Xxxxx Street House
13th Floor 00 Xxx Xxxxx Xxxxxx
Xxxxxx, XX 00000 Xxxxxx, Xxxxxxx XX0X 0XX
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 011-44-171-282-6831
ATTENTION: Agency Services ATTENTION: 011-44-171-282-6831
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
New Xxxxx Xxxxxx Xxxxx Xxx Xxxxx Xxxxxx Xxxxx
00 Xxx Xxxxx Street 35 New Broad Street
London, England EC2M 1NH Xxxxxx, Xxxxxxx XX0X 0XX
FACSIMILE NO.: 011-44-171-282-6831 FACSIMILE NO.: 011-44-171-282-6831
ATTENTION: Xxxxxxx Xxxxxxx ATTENTION: Xxxxxxx Xxxxxxx
FIRST AMENDMENT
13
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000 BANCO SANTANDER, as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Banco Santander, New York Branch Banco Santander, New York Branch
00 Xxxx 00xx Xxxxxx 00 Xxxx 00xx Xxxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 000-000-0000 000-000-0000
ATTENTION: Xxxxx Xxxxxx ATTENTION: Xxxxx Xxxxxx/Xxx Xxxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Banco Santander, New York Branch Banco Santander, New York Branch
00 Xxxx 00xx Xxxxxx 00 Xxxx 00xx Xxxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxxx Xxxxxx ATTENTION: Xxxxx Xxxxxx
FIRST AMENDMENT
14
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000 BANK OF AMERICA NT & SA, as a Lender
By /s/ Xxxxx X. Xxxx
--------------------------------------
Name: Xxxxx X. Xxxx
Title: Vice President
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
0000 Xxxxxxx Xxxx. Xxxxxxxxx Xxxxx
Xxxxxxx, XX 00000 Xxxxxxxxxxxxxxxxx 000, X-0
0000 Xxxxxxx
FACSIMILE NO.: 000-000-0000 Belgium
ATTENTION: Xx. Xxxxxxx Xxxxxx FACSIMILE NO.: 000-000-000-0000
ATTENTION: Xxx Sprenghers
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxx
Xxxxxxxxxxxxxxxxx 000, X-0 Xxxxxxxxxxxxxxxxx 000, X-0
2600 Xxxxxxx 0000 Xxxxxxx
Xxxxxxx Belgium
FACSIMILE NO.: 000-000-000-0000 FACSIMILE NO.: 000-000-000-0000
ATTENTION: Xxx Sprenghers ATTENTION: Xxx Sprenghers
FIRST AMENDMENT
15
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000
COMMERZBANK AKTIENGESELLSCHAFT,
BRUSSELS BRANCH, as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Commerzbank Aktiengesellschaft, Commerzbank Aktiengesellschaft,
Brussels Branch Brussels Branch
Boulevard Xxxxx Xxxxxxx 00 Xxxxxxxxx Xxxxx Xxxxxxx 00
X-0000, Xxxxxxxx X-0000, Brussels
FACSIMILE NO.: 32-0-27-43-1911 FACSIMILE NO.: 32-0-27-43-1911
ATTENTION: Xxxx Xxxxxx ATTENTION: Xxxx Xxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Commerzbank Aktiengesellschaft, Commerzbank Aktiengesellschaft,
Brussels Branch Brussels Branch
Boulevard Xxxxx Xxxxxxx 00 Xxxxxxxxx Xxxxx Xxxxxxx 00
X-0000, Xxxxxxxx X-0000, Brussels
FACSIMILE NO.: 32-0-27-43-1911 FACSIMILE NO.: 32-0-27-43-1911
ATTENTION: Xxxx Xxxxxx ATTENTION: Xxxx Xxxxxx
FIRST AMENDMENT
16
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5% $25,000,000
DEUTSCHE BANK AG, MUNICH BRANCH, as a
Lender
By /s/ Xxxxxx X. Xxxxxxxxxx
--------------------------------------
Name: Xxxxxx X. Xxxxxxxxxx
Title: Vice President
By /s/ Xxxxxxx Xxxxxxx
--------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Assistant Vice President
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Foreign Department Corporations and Institutions
Xxxxxxx. 00 Xxxxxxx. 00
00000 Xxxxxx 00000 Xxxxxx
Xxxxxxx Germany
FACSIMILE NO.: 0049-89-2390-2039 FACSIMILE NO.: 0049-89-2390-1383
ATTENTION: Xx. Xxxxxxxx Xxxxxxxxx ATTENTION: Xx. Xxxxxxxxx
Xx. Xxxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Corporations and Institutions Deutsche Bank AG, Munich Branch
Riesstr. 25 Account-No.: 0000000
00000 Xxxxxx Bank-Code: 00000000
Germany Swift: DEUT DE MM
Purpose: Kostenstelle 22 484 000,
FACSIMILE NO.: 0049-89-2390-1383 Xxxxxx Micro Inc.
ATTENTION: Xx. Xxxxxxxxx FACSIMILE NO.: 0049-89-2390-1383
Xx. Xxxxxxxxx
ATTENTION: Xx. Xxxxxxxxx
Xx. Xxxxxxxxx
FIRST AMENDMENT
17
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000 THE INDUSTRIAL BANK OF JAPAN, LIMITED,
ATLANTA AGENCY, as a Lender
By /s/ Xxxxxx Xxxxxxxx
--------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Deputy General Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
The Industrial Bank of Japan, Limited The Industrial Bank of Japan, Limited
Atlanta Agency Atlanta Agency
One Ninety One Peachtree Tower One Ninety One Peachtree Tower
Xxxxx 0000 Xxxxx 0000
000 Xxxxxxxxx Xxxxxx X.X. 000 Xxxxxxxxx Xxxxxx X.X.
Xxxxxxx, XX 00000-0000 Xxxxxxx, XX 00000-0000
FACSIMILE NO.: 000-000-0000/
000-000-0000
FACSIMILE NO.: 000-000-0000/
000-000-0000 ATTENTION: Minami Miura/
Xxxxx Xxxxxxx
ATTENTION: Minami Miura/
Xxxxx Xxxxxxx The Industrial Bank of Japan, Limited
London Branch
Xxxxxxx House
One Xxxxxx Xxxxxx
Xxxxxx XX0X 0XX
FACSIMILE NO.: 0000-000-0000
ATTENTION: Xx. Xxxx Xxx/Xxxxxxx
Xxxxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
The Industrial Bank of Japan, Limited The Industrial Bank of Japan, Limited
London Branch Atlanta Agency
Xxxxxxx House One Ninety One Peachtree Tower
One Friday Street Suite 3600
Xxxxxx XX0X 0XX 000 Xxxxxxxxx Xxxxxx X.X.
Xxxxxxx, XX 00000-0000
FACSIMILE NO.: 0000-000-0000
FACSIMILE NO.: 000-000-0000
ATTENTION: Xx. Xxxx Xxx
ATTENTION: Minami Miura
FIRST AMENDMENT
18
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000 KBC BANK N.V. (formerly Kredietbank
N.V.), as a Lender
By /s/ Xxxxx Xxxxxx
--------------------------------------
Name: Xxxxx Xxxxxx
Title: Deputy Regional Manager
By /s/ Xxxxx Xxxxx
--------------------------------------
Name: Xxxxx Xxxxx
Title: Deputy Credit Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
KBC Bank N.V. KBC Bank N.V.
with principal office: Diegem Corporate Branch
Xxxxxxxxxxxxxx 0 Xxxx Xxxxxxxxxxxxxxxx 105
B-1000 Brussel B-1831 Diegem
FACSIMILE NO.: 00-0-000-0000 FACSIMILE NO.: 00-0-000-00-00
TELEPHONE NO.: 00-0-000-0000 TELEPHONE NO.: 00-0-000-00-00
ATTENTION: 8244 Accounting and ATTENTION: Mr. P. Van den Poel
Reporting
Xxxxxx Xxxxxxxxxxx,
Xxxx Xxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
KBC Bank N.V. KBC Bank N.V.
with principal office: with principal office:
Xxxxxxxxxxxxxx 0 Xxxxxxxxxxxxxx 0
X-0000 Xxxxxxx X-0000 Xxxxxxx
FACSIMILE NO.: 00-0-000-0000 FACSIMILE NO.: 00-0-000-0000
TELEPHONE NO.: 00-0-000-0000 TELEPHONE NO.: 00-0-000-0000
ATTENTION: 8244 Accounting and ATTENTION: 8244 Accounting and Reporting
Reporting Xxxxxx Xxxxxxxxxxx, Xxxx Xxxxx
Xxxxxx Xxxxxxxxxxx,
Xxxx Xxxxx
FIRST AMENDMENT
19
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000
LANDESBANK RHEINLAND-PFALZ -
GIORZENTRALE, as a Lender
By /s/ Xxxxxx Xxxxxx
--------------------------------------
Name: Xxxxxx Xxxxxx
Title: Vice President
By /s/ Xxxxxx Xxxxxx
--------------------------------------
Name: Xxxxxx Xxxxxx
Title: Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Landesbank Rheinland Pfalz - Landesbank Rheinland Pfalz - Girozentrale
Girozentrale Xxxxx Xxxxxxx 00-00
Xxxxx Xxxxxxx 54-56 D 55098 Xxxxx
X 00000 Xxxxx Xxxxxxx
Germany
FACSIMILE NO.: 0049-6131-13-2684 FACSIMILE NO.: 0049-6131-13-2684 (Xxxxxx)
(Xxxxxx) 0049-6131-13-2599 (Xxxxxx)
0049-6131-13-2599
(Xxxxxx)
ATTENTION: Xx. Xxxxxx or Xx. Xxxxxx ATTENTION: Xx. Xxxxxx or Xx. Xxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Landesbank Rheinland Pfalz - Bankers Trust, New York
Girozentrale N.Y. 1006
Xxxxx Bleiche 54-56 Account-Number: 00-000-000
D 55098 Mainz Swift code: BKTR US 33
Germany
FACSIMILE NO.: 0049-6131-13-2684
(Xxxxxx)
0049-6131-13-2599
(Xxxxxx)
ATTENTION: Xx. Xxxxxx or Xx. Xxxxxx
FIRST AMENDMENT
20
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
3.0% $15,000,000 BANCA MONTE DEI PASCHI DE SIENA, SPA,
LONDON BRANCH, as a Lender
By /s/ Xxxxxx Xxxxx
--------------------------------------
Name: Xxxxxx Xxxxx
Title: Deputy General Manager
By /s/ Xxxxx Xxxxxxx
--------------------------------------
Name: Xxxxx Xxxxxxx
Title: Senior Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
0xx Xxxxx 000 Xxxxxxxxxx Xxxxxx
00 Xxxx 00xx Xxxxxx Xxxxxx XX0X 0XX
Xxx Xxxx, XX
00000-0000
FACSIMILE NO.: 0000-000-0000
FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxxxx Xxxx
ATTENTION: Xxxxxxx Xxxxxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
000 Xxxxxxxxxx Xxxxxx 000 Xxxxxxxxxx Xxxxxx
Xxxxxx XX0X 0XX Xxxxxx XX0X 0XX
FACSIMILE NO.: 0000-000-0000 FACSIMILE NO.: 0000-000-0000
ATTENTION: Xxxxxx Xxxx ATTENTION: Xxxxxx Xxxx
FIRST AMENDMENT
21
EXECUTED as of the date first stated in this First Amendment to European Credit
Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
3.0% $15,000,000 BANK AUSTRIA AKTIENGESELLSCHAFT, as a
Lender
By /s/ Xxxxxx XxxXxxx
--------------------------------------
Name: Xxxxxx XxxXxxx
Title: S.V.P.
By /s/ Xxxxxxxxxxx Xxxxxx
--------------------------------------
Name: Xxxxxxxxxxx Xxxxxx
Title: A.V.P.
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
000 Xxxxx Xxxxxx 000 Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000 Xxx Xxxx, Xxx Xxxx 00000
FACSIMILE NO.: 212-880-1080 FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxx Xxxxx ATTENTION: Xxxx Xxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
000 Xxxxx Xxxxxx 000 Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000 Xxx Xxxx, Xxx Xxxx 00000
FACSIMILE NO.: 212-880-1080 FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxx Xxxxx ATTENTION: Xxxx Xxxxx
FIRST AMENDMENT
22
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
3.0% $15,000,000 CREDIT COMMUNAL DE BELQIQUE, as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
__________________________________ _________________________________________
__________________________________ _________________________________________
__________________________________ _________________________________________
FACSIMILE NO.:____________________ FACSIMILE NO.:___________________________
ATTENTION:________________________ ATTENTION:_______________________________
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
__________________________________ _________________________________________
__________________________________ _________________________________________
__________________________________ _________________________________________
FACSIMILE NO.:____________________ FACSIMILE NO.:___________________________
ATTENTION:________________________ ATTENTION:_______________________________
FIRST AMENDMENT
23
EXECUTED as of the date first stated in this First Amendment to European Credit
Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
5.0% $25,000,000 DEN DANSKE BANK, as a Lender
By /S/ Xxxxx Xxxxxxx
--------------------------------------
Name: Xxxxx Xxxxxxx
Title: Mnaager Legal Department
By /s/ Xxxxxx X. Xxxxx
--------------------------------------
Name: Xxxxxx X. Xxxxx
Title: Manager, Syndications
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Den Danske Bank, London Branch Den Danske Bank, London Branch
00 Xxxx Xxxxxxx Xxxxxx 75 King Xxxxxxx Street
London EC4N 7DT Xxxxxx XX0X 0XX
XXXXXXX XXXXXXX
FACSIMILE NO.: 00-000-000-0000 FACSIMILE NO.: 00-000-000-0000
ATTENTION: Loan Administration ATTENTION: Loan Administration
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Den Danske Bank, London Branch Den Danske Bank, London Branch
00 Xxxx Xxxxxxx Xxxxxx 75 King Xxxxxxx Street
London EC4N 7DT Xxxxxx XX0X 0XX
XXXXXXX XXXXXXX
FACSIMILE NO.: 00-000-000-0000 FACSIMILE NO.: 00-000-000-0000
ATTENTION: Loan Administration
FIRST AMENDMENT
24
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
3.0% $15,000,000 THE NIKKO BANK (UK) PLC, as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Nikko Bank (U.K.) plc Nikko Bank (U.K.) plc
00-00 Xxxxxxxx Xxxxxx 00-00 Xxxxxxxx Xxxxxx
XX0X 0XX XX0X 0XX
FACSIMILE NO.: 0000-000-0000 FACSIMILE NO.: 0000-000-0000
ATTENTION: Xxxxxx Xxxxxx ATTENTION: Xxxxxx Xxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Nikko Bank (U.K.) plc Nikko Bank (U.K.) plc
00-00 Xxxxxxxx Xxxxxx 00-00 Xxxxxxxx Xxxxxx
XX0X 0XX XX0X 0XX
FACSIMILE NO.: 0000-000-0000 FACSIMILE NO.: 0000-000-0000
ATTENTION: Xxxxxx Xxxxxx ATTENTION: Xxxxxx Xxxxxx
FIRST AMENDMENT
25
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
3.0% $15,000,000
STANDARD CHARTERED BANK, as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
000 Xxxxxxxx Xxxx. 000 Xxxxxxxx Xxxx.
Xxx Xxxxxxx, XX Xxx Xxxxxxx, XX
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxxxxxx Xxxxxx ATTENTION: Xxxxxxxx Xxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
7 World Trade Center, 26th Floor 0 Xxxxx Xxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxxxxx Xxxxxxxxx ATTENTION: Xxxxxxx Xxxxxxxxx
FIRST AMENDMENT
26
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 ABN AMRO BANK N.V., BELGIAN BRANCH, as
a Lender
By /s/ Xxxx Xxxxxxxx
--------------------------------------
Name: Xxxx Xxxxxxxx
Title: Accounts Manager
By /s/ Xxxxxxx Xxxxxxxxxx
--------------------------------------
Name: Xxxxxxx Xxxxxxxxxx
Title: Manager Securitization
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
ABN AMRO Bank N.V., Belgian Branch ABN AMRO Bank N.V., Belgian Branch
Xxxxxxxxxx 00 Xxxxxxxxxx 53
B-1000 Brussels B-1000 Brussels
FACSIMILE NO.: 00-0-000-0000 FACSIMILE NO.: 00-0-000-0000
ATTENTION: AGI-J. Van Den Eynde ATTENTION: AGI-M. Hoomans
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
ABN AMRO Bank N.V., Belgian Branch ABN AMRO Bank N.V., Belgian Branch
Xxxxxxxxxx 00 Xxxxxxxxxx 53
B-1000 Brussels B-1000 Brussels
FACSIMILE NO.: 00-0-000-0000 FACSIMILE NO.: 00-0-000-0000
ATTENTION: AGI-J. Van Den Eynde ATTENTION: AGI-J. Van Den Eynde
FIRST AMENDMENT
27
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 BANCI DI ROMA, LONDON BRANCH, as a Lender
By /s/ Xxxxx Xxxxxx
--------------------------------------
Name: Xxxxx Xxxxxx
Title: Deputy Chief Manager Business
By /s/ Xxxxxxx Xxxxxx
--------------------------------------
Name: Xxxxxxx Xxxxxx
Title: Business Development Officer
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
00/00 Xxxxxxx Xxxxxx
81/87 Xxxxxxx Street London EC2V 7NQ
Xxxxxx XX0X 0XX
FACSIMILE NO.: 0000-000-0000
FACSIMILE NO.: 0000-000-0000
ATTENTION: X. Xxxxxxxx
ATTENTION: X. Xxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
00/00 Xxxxxxx Xxxxxx 81/87 Xxxxxxx Street
London EC2V 7NQ Xxxxxx XX0X 0XX
FACSIMILE NO.: 0000-000-0000 FACSIMILE NO.: 0000-000-0000
ATTENTION: X. Xxxxxxxx ATTENTION: X. Xxxxxxxx
FIRST AMENDMENT
28
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 BANCO BILBAO VIZCAYA, S.A., as a Lender
By /s/ Tereja Tejedor
--------------------------------------
Name: Tereja Tejedor
Title: Capital Market
By /s/ Xxxxxxx Xxxxxxx
--------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Capital Market
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Banco Bilbao Vizcaya, S.A. Banco Bilbao Vizcaya, S.A.
Xxxxx del Rey 26, 3 th. floor Xxxxx del Rey 26, 3 th. floor
28.002 Xxxxxx 00.000 Xxxxxx
FACSIMILE: 34-1-374-41-40 FACSIMILE: 00-0-000-00-00
TELEPHONE: 00-0-000-00-00 TELEPHONE: 00-0-000-00-00
ATTENTION: Xxxx Xxxxx Xxxxx ATTENTION: Xxxx Xxxxx Xxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Banco Bilbao Vizcaya, S.A. Banco Bilbao Vizcaya, S.A.
Xxxxx del Rey 26, 3 th. floor Xxxxx del Rey 26, 3 th. floor
28.002 Xxxxxx 00.000 Xxxxxx
FACSIMILE: 34-1-374-41-40 FACSIMILE: 00-0-000-00-00
TELEPHONE: 00-0-000-00-00 TELEPHONE: 00-0-000-00-00
ATTENTION: Xxxx Xxxxx Xxxxx ATTENTION: Xxxx Xxxxx Xxxxx
FIRST AMENDMENT
29
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 BANQUE PARIBAS BELGIQUE S.A., as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Banque Paribas Belgique S.A. Banque Paribas Belgique S.A.
Em. Jacqmainlaan 162 Em. Xxxxxxxxxxxx 000
0000 Xxxxxxxx, XXXXXXX 0000 Xxxxxxxx, XXXXXXX
FACSIMILE NO.: 00-32-2-204-41-16 FACSIMILE NO.: 00-32-2-204-41-16
ATTENTION: X. Xxxxxxxxx ATTENTION: X. Xxxxxxxxx
J. Van Helleputte J. Van Helleputte
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Banque Paribas Belgique S.A. Banque Paribas Belgique S.A.
Em. Jacqmainlaan 162 Em. Xxxxxxxxxxxx 000
0000 Xxxxxxxx, XXXXXXX 0000 Xxxxxxxx, XXXXXXX
FACSIMILE NO.: 00-32-2-204-40-92 FACSIMILE NO.: 00-32-2-204-40-92
ATTENTION: Xxxxx Xxxxxx ATTENTION: Xxxxx Xxxxxx
FIRST AMENDMENT
30
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000
CARIPLO, CASSA DI RISPARMIO DELLE
PROVINCIE LOMBARDE S.P.A., as a Lender
By /s/ Xxxxxx Xxxxx
--------------------------------------
Name: Xxxxxx Xxxxx
Title: Dir. Gen.
By /s/ X. Xxxxxxx de la Xxxx
--------------------------------------
Name: X. Xxxxxxx de la Xxxx
Title: Jefe Creditos
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
00 Xxxx 00xx Xxxxxx Succusal de Madrid
Xxx Xxxx, XX 00000 Xxxxx Xxxxxx 00
00000 Xxxxxx
FACSIMILE NO.: 000-000-0000
FACSIMILE NO.: 00-34-1523-39-81
ATTENTION: Xxxxxxx Xxxxxx
ATTENTION: Xx. X. Xxxxx/
Xx. X. Xxxxxxx de la Xxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Xxxxxxx xx Xxxxxx Xxxxxxxx xx Xxxxxx
Xxxxx Xxxxxx 00 Xxxxx Xxxxxx 00
00000 Xxxxxx 28014 Madrid
FACSIMILE NO.: 00-34-1523-39-81 FACSIMILE NO.: 00-34-1523-39-81
ATTENTION: Xx. X. Xxxxx/ ATTENTION: Xx. X. Xxxxx/
Xx. X. Xxxxxxx de la Xxxx Xx. X. Xxxxxxx de la Xxxx
FIRST AMENDMENT
31
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 CREDIT LYONNAIS BELGIUM S.A., as a Lender
By_______________________________________
Name:__________________________________
Title:_________________________________
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Credit Lyonnais Los Angeles Branch Mamix Avenue, 17
515 South Flower Street, Suite 2000 0000 Xxxxxxxx
Xxx Xxxxxxx, XX 00000 BELGIUM
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 00-32-2-516-09-40
ATTENTION: Xxx. Xxxxx Xxx ATTENTION: Xxx. Xxxxxxx Xxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Mamix Avenue, 00 Xxxxx Xxxxxx, 00
0000 Xxxxxxxx 0000 Xxxxxxxx
XXXXXXX BELGIUM
FACSIMILE NO.: 00-32-2-516-09-40 FACSIMILE NO.: 00-32-2-516-09-40
ATTENTION: Xxx. Xxxxxxx Xxxxxxxx ATTENTION: Xxx. Xxxxxxx Xxxxxxxx
FIRST AMENDMENT
32
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000
DAI-ICHI KANGYO BANK NEDERLAND N.V.,
as a Lender
By /s/ X. Xxxxxx
--------------------------------------
Name: X. Xxxxxx
Title: Managing Director &
Deputy General Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Dai-Ichi Kangyo Bank Nederland N.V. Dai-Ichi Kangyo Bank Nederland N.V.
Apollolaan 171 Apollolaan 171
1077 A5 Amsterdam 1077 A5 Amsterdam
The Netherlands The Netherlands
FACSIMILE NO.: 00-31-20-676-0301 FACSIMILE NO.: 00-31-20-676-0301
ATTENTION: Xxxxxxx X. Xxxxxxxxxx ATTENTION: Xxxxxxx X. Xxxxxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Dai-Ichi Kangyo Bank Nederland N.V. Dai-Ichi Kangyo Bank Nederland N.V.
Apollolaan 171 Apollolaan 171
1077 A5 Amsterdam 1077 A5 Amsterdam
The Netherlands The Netherlands
FACSIMILE NO.: 00-31-20-676-0301 FACSIMILE NO.: 00-31-20-676-0301
ATTENTION: Xxxxxxx X. Xxxxxxxxxx ATTENTION: Xxxxxxx X. Xxxxxxxxxx
FIRST AMENDMENT
33
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 DG BANK, as a Lender
By /s/ K.-X. Xxxxxx
--------------------------------------
Name: K.-X. Xxxxxx
Title: Associate Director
By /s/ Xxxx Xxxxxx
--------------------------------------
Name: Xxxx Xxxxxx
Title: Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
DG Bank Luxembourg S.A. DG Bank Luxembourg S.A.
4, rue Xxxxxx Xxxxxx 0, xxx Xxxxxx Xxxxxx
X 0000 Xxxxxxxxxx-Xxxxxxxx L 0000 Xxxxxxxxxx-Xxxxxxxx
Xxxxxxxxxx Xxxxxxxxxx
FACSIMILE NO.: 00352-457393 FACSIMILE NO.: 00352-457393
ATTENTION: Xxxx Xxxxxx, Manager ATTENTION: Xxxx Xxxxxx, Manager
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
DG Bank Luxembourg S.A. DG Bank Luxembourg S.A.
4, rue Xxxxxx Xxxxxx 0, xxx Xxxxxx Xxxxxx
X 0000 Xxxxxxxxxx-Xxxxxxxx L 0000 Xxxxxxxxxx-Xxxxxxxx
Xxxxxxxxxx Xxxxxxxxxx
FACSIMILE NO.: 00352-457393 FACSIMILE NO.: 00352-457393
ATTENTION: Xxxx Xxxxxx, Manager ATTENTION: Xxxx Xxxxxx, Manager
FIRST AMENDMENT
34
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
4.0% $20,000,000
FRANKFURTER SPARKASSE, as a Lender
By /s/ Kittscher
--------------------------------------
Name: Kittscher
Title: Deputy Chairman of the
Board Management
By /s/ Xxxx
--------------------------------------
Name: Xxxx
Title: Head of the Loan Department
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Frankfurter Sparkasse Frankfurter Xxxxxxxxx
Xxxx Xxxxxxx Xxx. 00-00 Xxxx Xxxxxxx Xxx. 00-00
60255 Frankfurt 60255 Frankfurt
FACSIMILE NO.: 0049-69-2641-3225 FACSIMILE NO.: 0049-69-2641-3225
ATTENTION: Xx. Xxxxxxx ATTENTION: Xx. Xxxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Frankfurter Sparkasse Frankfurter Xxxxxxxxx
Xxxx Xxxxxxx Xxx. 00-00 Xxxx Xxxxxxx Xxx. 00-00
60255 Frankfurt 60255 Frankfurt
FACSIMILE NO.: 0049-69-2641-3225 FACSIMILE NO.: 0049-69-2641-3225
ATTENTION: Xx. Xxxxxxx ATTENTION: Xx. Xxxxxxx
FIRST AMENDMENT
35
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000
GENERALE BANK, as a Lender
By /s/ Xxxx Xxxxxxx
--------------------------------------
Name: Xxxx Xxxxxxx
Title: General Manager
By /s/ Simon Del Xxxxxxx
--------------------------------------
Name: Simon Del Xxxxxxx
Title: Senior Vice President
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
000 Xxxxxxx Xxxxxx, 41st Floor 000 Xxxxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
FACSIMILE NO.: 000-000-0000 FACSIMILE NO.: 000-000-0000
ATTENTION: X. Xxxxxxxx ATTENTION: X. Xxxxxxxx
Corporate Credit Xxxxxxxxxx
0, Xxxxxxxx xx Xxxx
0000 Xxxxxxxx
FACSIMILE NO.: 00-0-000-0000
ATTENTION: Chantal De Mol
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Corporate Credit Department 000 Xxxxxxx Xxxxxx, 00xx Xxxxx
0, Xxxxxxxx du Parc New York, NY 10022
0000 Xxxxxxxx FACSIMILE NO.: 00-0-000-0000
FACSIMILE NO.: 00-0-000-0000 ATTENTION: Chantal De Mol
ATTENTION: Chantal De Mol
000 Xxxxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000
FACSIMILE NO.: 000-000-0000
ATTENTION: X. Xxxxxxxx
FIRST AMENDMENT
36
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 XXXXXX GUARANTY TRUST CO. OF NEW YORK,
as a Lender
By /s/ Xxxx X. Xxxxxxx
--------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Vice President
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Xxxxxx Guranty Trust Company of
New York 000 Xxxxxxx Xxxxxxxxxx Xxxx
00 Xxxx Xxxxxx Xxxxxx, XX 00000
Xxx Xxxx, XX 00000
FACSIMILE NO.: 302/634-1094
FACSIMILE NO.: 000-000-0000
ATTENTION: Xxxxxxx Xxxxxx
ATTENTION: Xxxxxxx Xxxxx-Xxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
000 Xxxxxxx Xxxxxxxxxx Xxxx 000 Xxxxxxx Xxxxxxxxxx Xxxx
Xxxxxx, XX 00000 Xxxxxx, XX 00000
FACSIMILE NO.: 302/634-1094 FACSIMILE NO.: 302/634-1094
ATTENTION: Xxxxx Xxxxxxx ATTENTION: Xxxxx Xxxxxxx
FIRST AMENDMENT
37
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000 THE SANWA BANK LTD. BRUSSELS, as a Lender
By /s/ Xxxxxxxx Xxxxxxxx
--------------------------------------
Name: Xxxxxxxx Xxxxxxxx
Title: Deputy General Manager
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
Sanwa Bank Ltd Sanwa Bank Ltd
Los Angeles Branch Los Angeles Branch
000 Xxxxx Xxxxxxxx Xxxxxx 000 Xxxxx Xxxxxxxx Xxxxxx
Xxx Xxxxxxx, XX 00000 Xxx Xxxxxxx, XX 00000
FACSIMILE NO.: 213-623-4912 FACSIMILE NO.: 213-623-4912
ATTENTION: Loan Administration Dept. ATTENTION: Loan Administration Dept.
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
Sanwa Bank Brussels Branch Sanwa Bank Brussels Branch
Xxxxxxxxx 00/00 Xxxxxxxxx 00/00
0000 Xxxxxxxx 0000 Xxxxxxxx
Xxxxxxx Belgium
FACSIMILE NO.: 32-2-514-43-81 Sanwa New York
Account Number: ABA 982 UID 144780
ATTENTION: Xxxxxxxx Xxxxx-Xxx Xxxxxxx Swift Code: SANW US33
Facsimile No.: 32-2-513-43-81
ATTENTION: Xxx. Xxxxxx Xxxxx-Xxx Xxxxxxx
FIRST AMENDMENT
38
EXECUTED as of the date first stated in this First Amendment to
European Credit Agreement.
INITIAL
COMMITMENT
PERCENTAGE AMOUNT
2.0% $10,000,000
SKANDINAVISKA ENSKILDA XXXXXX XX (PUBL).,
as a Lender
By /s/ Xxxxxxx Dioks
--------------------------------------
Name: Xxxxxxx Dioks
Title: Head Debt Capital Markets
LENDING OFFICE FOR LOANS TO MICRO: ADDRESS FOR NOTICES:
0 Xxxxxx Xxxxxx 2 Xxxxxx Street
London EC4M 6XX Xxxxxx XX0X 0XX
FACSIMILE NO.: 0000-000-0000 FACSIMILE NO.: 0000-000-0000
ATTENTION: Xxxxxx Xxxxxx ATTENTION: Xxxxxx Xxxxxx
LENDING OFFICE FOR OTHER LOANS: ADDRESS FOR PAYMENT OF FEES:
0 Xxxxxx Xxxxxx 2 Xxxxxx Street
London EC4M 6XX Xxxxxx XX0X 0XX
FACSIMILE NO.: 0000-000-0000 FACSIMILE NO.: 0000-000-0000
ATTENTION: Xxxxxx Xxxxxx ATTENTION: Xxxxxx Xxxxxx
FIRST AMENDMENT
