FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 19th, 2006 • Books a Million Inc • Retail-miscellaneous shopping goods stores • Georgia
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (“this Amendment”) is dated as of September 6, 2006 (the “Effective Date”), by and among BOOKS-A-MILLION, INC., a Delaware corporation (“BAM”), and its wholly-owned subsidiaries AMERICAN WHOLESALE BOOK COMPANY, INC., an Alabama corporation (“AWBC”) and AMERICAN INTERNET SERVICE, INC., an Alabama corporation (“AIS”) and the wholly-owned subsidiaries of AIS, booksamillion.com, inc., an Alabama corporation (“bam.com”), NETCENTRAL, INC., a Tennessee corporation (“NI”), and FAITHPOINT, INC. an Alabama corporation (“FaithPoint”); BAM, AWBC, AIS, bam.com, NI and FaithPoint are sometimes together referred to as the “Initial Participating Entities”; the Initial Participating Entities, together with all Persons that hereafter become Participating Entities, being hereafter sometimes together referred to as the “Borrowers”), BANK OF AMERICA, N.A., a national banking association (“BofA”), and the various lenders identified on the signature pages hereto (coll
