AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2005 • Scheib Earl Inc • Services-automotive repair, services & parking • California
THIS AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of February 2, 2005, is made and entered into by and among WELLS FARGO FOOTHILL, INC., a California corporation (“Lender”), EARL SCHEIB, INC., a Delaware corporation (“Parent”), and EARL SCHEIB REALTY CORP., a California corporation (“ES Realty”) (Parent and ES Realty are referred to hereinafter collectively, jointly and severally, as the “Borrower”). Capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to them in that certain Loan and Security Agreement entered into as of August 4, 2003 between Lender and Borrower (the “Original Agreement”), as amended as of August 29, 2003 (the “First Amendment”), February 19, 2004 (the “Second Amendment”), April 6, 2004 (the “Third Amendment”) and June 24, 2004 (the “Fourth Amendment”) (the Original Agreement, the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment, collectively, the “Agreeme
