THIRD AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • October 2nd, 2009 • Imperial Industries Inc • Abrasive, asbestos & misc nonmetallic mineral prods
Contract Type FiledOctober 2nd, 2009 Company IndustryTHIS THIRD AMENDMENT TO FORBEARANCE AGREEMENT (the "Third Amendment") is made and entered into as of September 30, 2009, by and among PREMIX-MARBLETITE MANUFACTURING CO. ("Premix"), DFH, INC., formerly known as Acrocrete, Inc. and Acro Holdings, Inc. ("DFH"), and JUST-RITE SUPPLY, INC. ("Just-Rite"), each a Florida corporation (each a "Borrower" and collectively, "Borrowers"); IMPERIAL INDUSTRIES, INC., a Delaware corporation ("Guarantor"); MICHAEL PHELAN, as assignee for the benefit of the creditors of Just-Rite, and not individually ("Assignee"); and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association and successor to Congress Financial Corporation (Florida) under the Loan Agreement (defined below) ("Lender").