CONSENT AND SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 16th, 2003 • Action Performance Companies Inc • Wholesale-misc durable goods • Arizona
Contract Type FiledDecember 16th, 2003 Company Industry JurisdictionThis CONSENT AND SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of this 23rd day of September, 2003, by and among ACTION PERFORMANCE COMPANIES, INC., (the “Company”); each of RACING COLLECTABLES CLUB OF AMERICA, INC. (“Racing Club”), ACTION RACING COLLECTABLES, INC. (“Action Racing”), ACTION SPORTS IMAGE, L.L.C., (“Action Sports”), JEFF HAMILTON COLLECTION, INC. (“JH”), MCARTHUR TOWEL AND SPORTS, INC. (“McArthur”), TREVCO TRADING CORP. (“Trevco”) and FUNLINE MERCHANDISE COMPANY., INC. (“Funline”) (each of Racing Club, Action Racing, Action Sports, JH, McArthur, Trevco and Funline being referred to herein individually as a “Borrower” and collectively as “Borrowers”); the Subsidiary Guarantors signatory hereto (together with the Company and Borrowers, each an “Obligor” and together “Obligors”); and BANK ONE, NA (in its individual capacity, “Bank One”), for itself as a Lender and as Agent for any other Lender. Unless otherwise specified herein, capita