Exhibit 10.1
BANK OF AMERICA
AMENDMENT TO DOCUMENTS
AMENDMENT NO. 4 TO BUSINESS LOAN AGREEMENT
This Amendment No. 4 (the "Amendment") dated as of January 13, 2000, is
between Bank of America, N.A. (the "Bank"), formerly Bank of America NT & SA and
Tab Products Co. (the "Borrower").
RECITALS
A. The Bank and the Borrower entered into a certain Business Loan
Agreement dated as of November 1, 1998, as previously amended (the "Agreement").
B. The Bank and the Borrower desire to further amend the
Agreement.
AGREEMENT
1. DEFINITIONS. Capitalized terms used but not defined in this
Amendment shall have the meaning given to them in the Agreement.
2. AMENDMENTS. The Agreement is hereby amended as follows:
2.1 A new Paragraph 11.16 is added to the Agreement to
read as follows:
"11.16 SALE OF CORPORATE HEADQUARTERS BUILDING. The
Borrower fails to sell its corporate
headquarter's building and receive the
proceeds thereof before February 28, 2000
for a purchase price (net of closing costs)
of more than Fifteen Million Dollars
($15,000,000)."
3. REPRESENTATIONS AND WARRANTIES. When the Borrower signs this
Amendment, the Borrower represents and warrants to the Bank that:
(a) there is no event which is, or with notice or lapse of time or both would
be, a default under the Agreement except those events, if any, that have been
disclosed in writing to the Bank or waived in writing by the Bank, (b) the
representations and warranties in the Agreement are true as of the date of this
Amendment as if made on the date of this Amendment, (c) this Amendment is within
the Borrower's powers, has been duly authorized, and does not conflict with any
of the Borrower's organization papers, and (d) this Amendment does not conflict
with any law, agreement, or obligation by which the Borrower is bound.
4. EFFECT OF AMENDMENT. Except as provided in this Amendment, all
of the terms and conditions of the Agreement shall remain in full force and
effect.
This Amendment is executed as of the date stated at the beginning of
this Amendment.
BANK OF AMERICA, N.A. Tab Products Co.
X /s/Xxxxx X. Xxxxxxxxx X /s/ Xxxxx X. Xxxxx
By: Xxxxx X. Xxxxxxxxx, Vice President By: Xxxxx X. Xxxxx, SVP,
Operations and Chief
Financial Officer
X /s/ Xxxxxx X. Xxxxxx
By: Xxxxxx X. Xxxxxx
Treasurer & Secretary
