Exhibit 10.21
SECOND AMENDMENT TO CREDIT AGREEMENT
This Second Amendment is made as of this 7th day of November, 1995, by and
between First Bank National Association (the "Bank") and Xxxxx Xxxxxxx Inc. (the
"Company").
The Bank and the Company have made and entered into a Credit Agreement
dated as of November 23, 1994, as amended by a First Amendment dated as of
December 27,1995 and extended by the Bank's letter dated September 12, 1995 (the
"Credit Agreement"), pursuant to which, among other things, the Bank has agreed
to consider the Company's requests for Loans in an aggregate principal amount
outstanding from time to time not to exceed the Discretionary Credit Subfacility
Amount. The Bank and the Company have agreed to increase the Discretionary
Credit Subfacility Amount.
Now, therefore, in consideration of the premises and of the mutual
covenants and agreements hereinafter contained, the parties agree as follows:
1. Capitalized terms used herein and not otherwise defined shall have the
meanings ascribed to such terms in the Credit Agreement.
2. The definition of the term "Discretionary Credit Subfacility Amount" in
Section 1.1 of the Credit Agreement is hereby amended by changing the amount
specified therein from $15,000,000 to $40,000,000.
3. On or before November __, 1995, the Company shall execute and deliver
to the Bank a promissory note in the form of Exhibit A hereto in replacement of
the Firm Securities Note dated November 23, 1994. Promptly upon receipt of such
note, the Bank will xxxx such replaced note "Replaced but not paid" and return
it to the Company.
4. Upon and following the Bank's receipt of the replacement promissory
note referred to in Section 3 hereof, references in the Credit Agreement to the
"Firm Securities Note" shall be deemed to refer to such replacement note and
references to "this Agreement" shall be deemed to refer to the Credit Agreement,
as amended by this Second Amendment.
5. Except as amended hereby, all of the terms and conditions of the
Credit Agreement shall remain in full force and effect.
Signature Page Follows
In witness whereof, the Bank and the Company have executed this Second
Amendment as of the day and year first above written.
XXXXX XXXXXXX INC.
By /s/ Xxxxxxx X. Xxxxxx
Print name: Xxxxxxx X. Xxxxxxx
Title: Chief Financial Officer
FIRST BANK NATIONAL ASSOCIATION
By /s/ Xxxx X. Xxxxx
Print name: Xxxx X. Xxxxx
Title: Vice President
