Exhibit 10.16
Aerial Communications, Inc. and Subsidiaries
Third Amendment
to the
Revolving Credit Agreement
by and between
Telephone and Data Systems, Inc. and Aerial Communications, Inc.
This Third Amendment (the "Third Amendment") to the Revolving Credit Agreement
dated as of August 1, 1995, as previously amended (the "Revolving Credit
Agreement") by and between Telephone and Data Systems, Inc. ("TDS") an Iowa
corporation, and Aerial Communications, Inc. ("Company"), a Delaware corporation
is effective this 29th day of August, 1997.
WHEREAS TDS and the Company entered into the Revolving Credit Agreement dated
and made effective as of August 1, 1995, which Revolving Credit Agreement was
subsequently amended effective as of December 31, 1995 (the "First Amendment");
and August 7, 1997 (the "Second Amendment"); and
WHEREAS TDS continues to own certain of the issued and outstanding shares of the
capital stock of the Company; and
WHEREAS, the Company has identified a need for additional funds and TDS agrees
to provide the Company certain additional funds for specified purposes under
terms more particularly set forth in the Revolving Credit Agreement; and
NOW, THEREFORE, in consideration of the promises set forth above, and for good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and intending to be legally bound, TDS and the Company agree to
amend the Revolving Credit Agreement as follows:
1. All references to "$300,000,000.00" shall be changed to
"$425,000,000.00".
TDS's obligation to furnish additional funds under the Revolving Credit
Agreement shall terminate on December 31, 1998. However, in the event that
TDS's ownership of the Company shall fall below 70%, the Revolving Credit
Agreement shall expire 6 months after such date.
All other terms and conditions of the Revolving Credit Agreement shall remain
unchanged and in full force and effect. All defined terms contained in the
Revolving Credit Agreement are hereby incorporated into this Third Amendment and
shall have the same meaning herein as in the Revolving Credit Agreement, unless
otherwise defined herein.
IN WITNESS WHEREOF, the Parties hereto, by their duly authorized
representatives, have executed this Third Amendment to the Revolving Credit
Agreement, effective as of the date first written above.
Telephone and Data Systems, Inc. Aerial Communications, Inc.
By:____________________________ By:_______________________
Name: Xxxxxx X. Xxxxxxx Name: J. Xxxxxx Xxxxx
Title: Executive Vice President - Finance Title: Vice President
Finance & Administration
Date:__________________________ Date:_____________________
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