Exhibit 10.73
Second Amendment to Revolver Promissory Note
THIS SECOND AMENDMENT TO REVOLVER PROMISSORY NOTE dated this 30th day of
September 2003, is by and among Xxxxxx Industries, Inc. ("Borrower") and Fair
Holdings, Inc. ("Fair"), an Ohio corporation. The parties agree as follows:
Recitals
WHEREAS, Borrower and Fair entered into that certain Promissory Note dated
August 15, 2001in the principal amount of $1,000,000 ("Note')(a copy of which is
attached hereto as Exhibit "A");
WHEREAS, Fair has agreed amend the Note in order to increase the amount
that Borrower may borrow under the Note to $1,500,000.00;
WHEREAS, DCI is willing to amend the Note subject to the terms herein and
subject to the amendment of the Note as herein provided;
NOW THEREFORE, in consideration of the premises, and the mutual promises
herein contained, the parties agree that the Note shall be, and hereby is,
amended as provided herein and the parties further agree as follows:
1. Increase in the allowable principal balance: The Note's principal
balance of $1,000,000 is hereby increased to $1,500,000.00 such that
Borrower may borrow up to a total amended principal balance on the
Note of $1,500.00.00.
All other terms and conditions contained in the Note shall remain the
same and shall continue in full force and effect that are not specifically
amended herein and shall continue during the amended term of the Note
without change.
IN WITNESS WHEREOF, Borrower, and Fair have caused this First
Amendment to Promissory Note to be executed by its duly authorized by their
representatives as of the day first written above.
Fair Holdings, Inc.
By: /s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx, Chief Executive Officer
Xxxxxx Industries, Inc.
By: /s/ Xxxxx Xxxxxxxxx
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Xxxxx Xxxxxxxxx, Chairman of the Board
