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EXHIBIT 10.6
AMENDMENT NO. 2
TO
THE DEALER SECURITY AGREEMENT
THIS AMENDMENT NO. 2 to the DEALER SECURITY AGREEMENT (this "Amendment"),
dated as of July 29, 1996, is by and between CITICORP DEL-LEASE, INC., doing
business as CITICORP DEALER FINANCE ("Lender"), and M&M PROPERTIES, INC. and
XxXXXXX & FALCONITE EQUIPMENT CO., INC. (jointly and severally referred to
herein as "Borrower").
WITNESSETH:
WHEREAS, Lender and each Borrower are parties to a Dealer Security
Agreement each dated June 19, 1995 (each Dealer Security Agreement being
referred to herein as the "Agreement"; capitalized terms not otherwise defined
in this Amendment shall have the meanings attributed thereto in the Agreement);
and
WHEREAS, Lender and Borrower desire to extend the Termination Date (as
defined in the Agreement) as set forth herein;
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Lender and Borrower hereby agree to amend the Agreement as follows:
1. The definition of "Termination Date" in Section 13 (Definitions) of the
Agreement is hereby amended to read in its entirety as follows:
"Termination Date" means, July 25, 1997.
2. The terms and conditions of this Amendment are hereby incorporated
into the Agreement. This Amendment shall take precedence in the event any terms
and conditions of the Agreement conflict herewith. Except as provided herein,
all other terms and conditions of the Agreement shall remain in full force and
effect and are hereby ratified and confirmed.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed as of the day and year first above written.
M & M PROPERTIES, INC.
By: /s/ Xxxxx XxXxxxx
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Name: XXXXX XxXXXXX
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Title: President
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XxXXXXX & FALCONITE EQUIPMENT
CO., INC.
By: /s/ Xxxxx XxXxxxx
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Name: XXXXX XxXXXXX
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Title: President
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CITICORP DEL-LEASE, INC., d/b/a
CITICORP DEALER FINANCE
By: /s/ Xxxx X. Xxxxx
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Name: XXXX X. XXXXX
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Title: Vice President
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