FIFTH AMENDMENT TO CREDIT AGREEMENT ----------------------------------- THIS FIFTH AMENDMENT TO CREDIT AGREEMENT ("Amendment"), dated as of July 30, 1999, is entered into by and among OPTICAL COATING LABORATORY, INC. (the "Company"), the several...Credit Agreement • September 14th, 1999 • Optical Coating Laboratory Inc • Optical instruments & lenses
by equitable principles relating to enforceability, without defense, counterclaim or offset. (c) After giving effect to this Amendment, all representations and warranties of the Company contained in the Credit Agreement are true and correct on and as of the date hereof, except to the extent such representations and warranties expressly refer to an earlier date, in which case they are true and correct as of such earlier date. (d) The Company is entering into this Amendment on the basis of its own investigation and for its own reasons, without reliance upon the Agent and the Banks or any other Person. 4. Effective Date. This Amendment will become effective as of the date first above written, or, if later, the date on which the Agent has received from the Company and the Banks a duly executed original (or, if elected by the Agent, an executed facsimile copy) of this Amendment. 5. Reservation of Rights. The Company acknowledges and agrees that the execution and delivery by the Agent and th
