Exhibit 10(m)
March 14, 2001
Xxxxx Company, Inc.
000 Xxxxx 0xx Xxxxxx
Xxxxx 0000
Xxxxxxxxxxx, XX 00000-0000
Re: ADDITION OF BANK UNDER BRIDGE CREDIT AGREEMENT
Ladies/Gentlemen:
Please refer to the Bridge Credit Agreement dated as of January 12,
2001 among Xxxxx Company, Inc. (the "Company"), various financial institutions
and Xxxxxx Guaranty Trust Company of New York, as Administrative Agent (the
"Credit Agreement"; capitalized terms used but not defined herein have the
respective meanings set forth in the Credit Agreement).
The Company, the Banks and the Administrative Agent agree that,
effective on the date on which the Administrative Agent has received (i) a
counterpart of this letter agreement executed by the Company, the Banks and BBL
International (U.K.) Limited (the "New Bank") and (ii) a Note payable to the New
Bank, the New Bank will become a Bank under the Credit Agreement with a
Commitment of $20,000,000.
By its signature below, the New Bank (a) acknowledges that it has
received a copy of the Credit Agreement and the Schedules and Exhibits thereto,
together with such other documents and information as it has deemed appropriate
to make its own credit and legal analysis and decision to become a Bank under
the Credit Agreement, (b) agrees that it will, independently and without
reliance upon the Administrative Agent or any other Bank and based on such
documents and information as it shall deem appropriate at the time, continue to
make its own credit and legal decisions in taking or not taking action under the
Credit Agreement and (c) agrees to be bound by the terms of the Credit Agreement
as fully and to the same extent as if it were an original Bank under the Credit
Agreement.
This letter shall be governed by the laws of the State of New York
applicable to contracts made and to be performed entirely within such State.
Very truly yours,
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK, as
Administrative Agent and as a Bank
By:_________________________
Title:______________________
BANK ONE, NA (Main Office Chicago), as
Documentation Agent and as a Bank
By:_________________________
Title:______________________
WACHOVIA BANK, N.A.
By:_________________________
Title:______________________
XXXXX FARGO BANK, NATIONAL ASSOCIATION
By:_________________________
Title:______________________
By:_________________________
Title:______________________
U.S. BANK NATIONAL ASSOCIATION
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By:_________________________
Title:_____________________
New Bank:
BBL INTERNATIONAL (U.K.) LIMITED
By:_________________________
Title:_____________________
By:_________________________
Title:_____________________
Domestic and Euro-Dollar Lending Office:
[Address]
Attention: __________________
Facsimile: __________________
Acknowledged and Agreed:
XXXXX COMPANY, INC.
By:_________________________
Title:_____________________
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