Exhibit 10.92
AMENDMENT NO. 3
AMENDMENT TO CREDIT AGREEMENT
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This Amendment dated as of the 11th day of June, 2002 by and between Aspect
Communications Corporation, a California corporation ("Company") and Comerica
Bank-California, a California banking corporation ("Bank").
WITNESSETH:
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WHEREAS, Company and Bank entered into a Credit Agreement dated June 15,
2001, as amended by two Amendments ("Agreement").
WHEREAS, Company and Bank desire to amend the Agreement as set forth
herein.
NOW, THEREFORE, the Company and the Bank agree as follows:
1. The definition of "Revolving Credit Maturity Date" set forth in Section
1 of the Agreement is amended to read in its entirety as follows:
"'Revolving Credit Maturity Date' shall mean July 31, 2002."
2. Company hereby represents and warrants that, after giving effect to the
amendment contained herein, (a) execution, delivery and performance of this
Amendment and any other documents and instruments required under this Amendment
or the Agreement are within Company's corporate powers, have been duly
authorized, are not in contravention of law or the terms of Company's
Certificate of Incorporation or Bylaws, and do not require the consent or
approval of any governmental body, agency, or authority; and this Amendment and
any other documents and instruments required under this Amendment or the
Agreement, will be valid and binding in accordance with their terms; (b) the
continuing representations and warranties of Company set forth in Sections 6.1
through 6.5 and 6.7 through 6.10 of the Agreement are true and correct on and as
of the date hereof with the same force and effect as made on and as of the date
hereof; (c) the continuing representations and warranties of Company set forth
in Section 6.6 of the Agreement are true and correct as of the date hereof with
respect to the most recent financial statements furnished to the Bank by Company
in accordance with Section 7.1 of the Agreement; and (d) no event of default, or
condition or event which, with the giving of notice or the running of time, or
both, would constitute an event of default under the Agreement, has occurred and
is continuing as of the date hereof.
3. This amendment shall be effective upon execution of this Amendment by
Company and Bank.
4. Except as modified hereby, all of the terms and conditions of the
Agreement shall remain in full force and effect.
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WITNESS the due execution hereof on the day and year first above written.
COMERICA BANK-CALIFORNIA ASPECT COMMUNICATIONS CORPORATION
By: By: /s/ Xxxx X. Xxxxxx
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Its: Its: CFO
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