EXHIBIT 10.01
AMENDMENT
TO
AMENDED AND RESTATED
WORKING CAPITAL FINANCING AND
TERM LOAN AGREEMENT
This Amendment ("Amendment") to the Amended and Restated Working Capital
Financing and Term Loan Agreement is made as of January 8, 1998 by and between
Radius Inc., a California corporation ("Customer") and IBM CREDIT CORPORATION,
a Delaware corporation ("IBM Credit").
RECITALS
A. Customer and IBM Credit have entered into that certain Amended and
Restated Working Capital Financing and Term Loan Agreement, dated as of
August 30, 1996 (as amended, supplemented or otherwise modified from time to
time, the "Agreement");
B. Customer and IBM Credit agree to amend the Agreement on the terms and
subject to the conditions set forth in this Amendment;
AGREEMENT
NOW THEREFORE, in consideration of the premises set forth herein, and for
other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
Section 1. Definitions. All capitalized terms not otherwise defined herein
shall have the respective meanings set forth in the Agreement.
Section 2. Sale of Splash Stock. Customer sold 40,000 shares of common stock
of Splash Technology Holdings, Inc. (the "Splash Stock") between November 11,
1997 and January 8, 1998. Pursuant to the terms of the Agreement, Customer
agreed to pay IBM Credit as the Cancellation Fee seventy-five percent (75%)
of the proceeds of the sale, transfer or other disposition of the first
232,151 shares of Splash Stock sold on or after November 11, 1997. IBM Credit
and Customer hereby agree that the sale of 35,000 shares of such Splash Stock
was for the account of Customer and has been applied to Customer's
outstandings under the Agreement. IBM Credit and Customer further agree that
the sale of the remaining 5,000 shares of such Splash Stock was for the
account of Customer and the proceeds of such sale have been remitted to CLB
Associates/Clearbrook Companies, as partial compensation for services
rendered.
Section 3. Amendment. The Agreement is hereby amended by deleting Exhibit A
to the Agreement in its entirety and substituting, in lieu thereof, the
Exhibit A attached hereto.
Section 4. Rights and Remedies. Except to the extent specifically waived
herein IBM Credit reserves any and all rights and remedies that IBM Credit
now has or may have in the future with respect to Customer, including any and
all rights or remedies which it may have in the future as a result of
Customer's failure to comply with its financial covenants to IBM Credit.
Except to the extent specifically waived herein neither this Amendment, any
of IBM Credit's actions or IBM Credit's failure to act shall be deemed to be
a waiver of any such rights or remedies.
Section 5. Governing Law. This Amendment shall be governed by and interpreted
in accordance with the laws which govern the Agreement.
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Section 6. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be an original and all of which shall
constitute one agreement.
IN WITNESS WHEREOF, this Amendment has been executed by duly authorized
representatives of the undersigned as of the day and year first above written.
RADIUS INC. IBM CREDIT CORPORATION
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxxxx
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Name: Xxxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx
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Title: SVP & CFO Title: Center Operations Mgr.
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