SECOND AMENDMENT
(TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT)
SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT
AGREEMENT BETWEEN PLASMA-THERM, INC., A FLORIDA CORPORATION
("BORROWER"), AND NATIONSBANK OF FLORIDA, N.A., A NATIONAL
BANKING ASSOCIATION ("LENDER"), DATED JANUARY 19, 1995
("CREDIT AGREEMENT").
WHEREAS, Borrower and Lender entered into the Credit
Agreement on January 19, 1995.
WHEREAS, Borrower and Lender entered into an Amendment to
the Credit Agreement on August 14, 1995 ("First Amendment").
WHEREAS, on the date hereof, Lender has extended to
Borrower an additional advance under the Line Loan (as said
term is defined in the Credit Agreement) in the amount of ONE
MILLION AND NO/100 DOLLARS ($1,000,000.00) (the "Third Future
Advance"), which Third Future Advance has been consolidated
with the Line Note (as said term is defined in the Credit
Agreement) pursuant to the terms of that certain Future
Advance, Consolidation and Modification Agreement dated of
even date herewith.
WHEREAS, on the date hereof, Lender has also agreed to
allow Borrower to renew its $500,000.00 revolving line of
credit for the issuance of standby letters of credit ("Letter
of Credit Line").
WHEREAS, Borrower and Lender desire to modify some of the
terms and conditions set forth in the Credit Agreement, affirm
that the terms of the Credit Agreement apply with full force
and effect to the Third Future Advance and the renewal of the
Letter of Credit Line, and otherwise ratify and reaffirm the
terms and conditions of the Credit Agreement.
NOW, THEREFORE, it is agreed as follows:
1. Section 1.v. of the Credit Agreement is hereby
amended to read as follows:
v. "Line Commitment" shall mean the
maximum amount of the Letter of Credit
Line and the Line Loan.
2. Section 1.x. of the Credit Agreement is hereby
amended to substitute as Exhibit "A-1" the Third Consolidation
Line of Credit Promissory Note which is attached hereto and
made a part hereof, which note of Borrower payable to the
order of Lender shall from this date forward be the "Line
Note" referred to in the Credit Agreement.
3. The first sentence of Section 2, I.a. of the Credit
Agreement is hereby amended to read as follows:
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Second Amendment
Subject to the terms and conditions stated
herein, Lender may in its discretion lend
to Borrower the lesser of i) the principal
sum of THREE MILLION AND NO/100 DOLLARS
($3,000,000.00) or ii) the Borrowing Base
as determined by Lender in accordance with
Subsection 2, I.b. below.
4. Section 2, II.d. of the Credit Agreement is hereby
amended to change the expiration date of the Letter of Credit
Line to May 19, 1997.
5. Section 12.o. of the Credit Agreement is hereby
amended to change the address of Lender to the following
address:
000 X. Xxxxxx Xxxxx, 0xx Xxxxx
Xxxxx, XX 00000
Attn: Xxxxx X. Xxxxxx, Xx., Vice President
Telephone: 000-000-0000
Telecopy: 000-000-0000
6. Exhibit "C" of the Credit Agreement is hereby
amended to change the dollar amount shown in line item (K)
from $2,500,000.00 to $3,500,000.00.
7. Lender and Borrower hereby agree that all terms and
conditions set forth in the Credit Agreement, as amended by
the First Amendment and this Second Amendment, shall apply
with full force and effect to the Third Future Advance as if
the Third Future Advance had been extended on the date of the
Credit Agreement and specifically referred to in the Credit
Agreement.
8. Except as otherwise set forth herein, all terms,
conditions and covenants of the Credit Agreement and First
Amendment shall remain the same and shall be fully binding
upon and enforceable by the Lender and Borrower pursuant to
their terms.
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Second Amendment 2
IN WITNESS WHEREOF, Borrower and Lender have executed
this Second Amendment the day and year first above written.
Signed, sealed and delivered
in the presence of:
PLASMA-THERM, INC., a Florida
corporation
/s/Xxxxx XxXxxxxxx By: /s/Xxxxxx X. Xxxxxxxxx
(Signature of Witness) Xxxxxx X. Xxxxxxxxx
Xxxxx XxXxxxxxx President
(Print Name of Witness)
/s/Xxxx X. Street (CORPORATE SEAL)
(Signature of Witness)
Xxxx X. Street
(Print Name of Witness)
NATIONSBANK OF FLORIDA, N.A., a
national banking association
/s/Xxxxx XxXxxxxxx By: /s/Xxxxx Xxxxx
(Signature of Witness) Xxxxx X. Xxxxx
Xxxxx XxXxxxxxx Its Vice President
(Print Name of Witness)
(CORPORATE SEAL)
/s/Xxxx X. Street
(Signature of Witness)
Xxxx X. Street
(Print Name of Witness)
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Second Amendment 3
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me
this 17 day of November, 1995, by XXXXXX X. XXXXXXXXX, as
the President of PLASMA-THERM, INC., a Florida corporation, on
behalf of the corporation. He XX is personally known to me or
has produced as
identification.
/s/Xxxx X. Street
Xxxx X. Street
(SEAL) (Print Name of Notary Public)
Notary Public
My Commission Expires:
NOTARY PUBLIC
STATE OF FLORIDA
"OFFICIAL SEAL"
Xxxx X. Street
My Commission Expires 4/26/96
Commission #CC 000000
XXXXX XX XXXXXXX )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me
this 17 day of November, 1995, by XXXXX X. XXXXX, as the
Vice President of NATIONSBANK OF FLORIDA, N.A., a national
banking association, on behalf of the association. She
is personally known to me or has produced drivers
license as identification.
/s/Xxxx X. Street
Xxxx X. Street
(SEAL) (Print Name of Notary Public)
Notary Public
My Commission Expires:
NOTARY PUBLIC
STATE OF FLORIDA
"OFFICIAL SEAL"
Xxxx X. Street
My Commission Expires 4/26/96
Commission #CC 196605
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Second Amendment 4
