EXHIBIT 10.74
FOURTH AMENDMENT
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This Fourth Amendment, dated as of January 30, 1998, is made and entered
into between Microelectronic Packaging America (the "Borrower") and Citicorp
USA, Inc. (the "Lender").
WITNESSETH
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WHEREAS, the Borrower has executed that certain Promissory Note dated May
13,1997, as amended by: Amendment dated July 11, 1997, Second Amendment dated
September 9, 1997, and Third Amendment dated December 8, 1997 (as so amended,
the "Note"); and
WHEREAS, the Borrower and Lender desire to amend the Note in certain
respects;
NOW THEREFORE, in consideration of the premises and of the mutual
agreements, representations and warranties herein set forth, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto hereby agree as follows:
SECTION 1. Amendments. As of January 30, 1998, the Note is amended as
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follows:
(a) The third line of the first paragraph of the Note is amended by
deleting the date "January 30, 1998" and substituting therefore the date
"February 27, 1998".
(b) The sixth line of the first paragraph of the Note is amended by adding
the words "January 30, 1998 and on" immediately after the words "payable on
December 8, 1997 and on".
(c) The seventh line of the first paragraph of the Note is amended by
deleting the interest rate "6.9375" and substituting therefor the interest rate
"6.625".
(d) The penultimate line of the first paragraph of the Note is amended by
deleting the interest rate "8.9375" and substituting therefor the interest rate
"8.625".
SECTION 2. Legal Obligation. The Borrower represents and warrants to the
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Lender that this Amendment has been duly authorized, executed and delivered on
its behalf, and that the Note, as amended hereby, constitutes a legal, valid and
binding obligation of the Borrower, enforceable against the Borrower in
accordance with its terms.
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SECTION 3. Ratification. Except as expressly amended hereby, the Note
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shall remain in full force and effect. The Note, as amended hereby, and all
rights and powers created thereby or thereunder, are in all respects ratified
and confirmed.
SECTION 4. Miscellaneous.
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(a) The Note and this Fourth Amendment shall be read, taken and construed
as one and the same instrument.
(b) This Fourth Amendment shall be governed by, and construed in accordance
with, the laws of the State of New York.
(c) Any references in the Note to "this Promissory Note", "hereunder",
"herein" or words of like import referring to the Note, shall mean and be a
reference to the Note as amended hereby.
(d) This Fourth Amendment may be executed in any number of counterparts
and by different parties hereto in separate counterparts, each of which when so
executed shall be deemed an original and all of which taken together shall
constitute one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment
to be executed by their respective officers thereunto duly authorized, as of the
date first above written.
MICROELECTRONIC PACKAGING AMERICA
By /s/ Xxxxx X. Xxxxxxxxxx
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Xxxxx X. Xxxxxxxxxx
Title: Senior Vice President and CFO
CITICORP USA, INC.
By /s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx
Title: Attorney-in-Fact
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