EXHIBIT 10.4.1
[Florida]
FIRST AMENDMENT TO MORTGAGE
between
DAY INTERNATIONAL, INC., Mortgagor
and
SOCIETE GENERALE, as Administrative Agent, Mortgagee
DATED AS OF OCTOBER 19, 1999
AFTER RECORDING, PLEASE RETURN TO:
▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq.
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇
(a partnership which includes
professional corporations)
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
No additional documentary stamp or intangible tax is due on this Second
Amendment because this Amendment continues to limit the Mortgagee's recourse to
the same amount set forth as a limitation on recovery in the original Mortgage.
FIRST AMENDMENT TO MORTGAGE
THIS FIRST AMENDMENT TO MORTGAGE, dated as of October 19,
1999, is made between DAY INTERNATIONAL, INC., a Delaware corporation
("MORTGAGOR"), whose address is c/o Day International Group, Inc., ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, and to SOCIETE GENERALE, whose address is 1221
Avenue of the ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, as Administrative Agent (in
such capacity, "MORTGAGEE") for the several banks and other financial
institutions (the "LENDERS") from time to time parties to the Amended and
Restated Senior Secured Credit Agreement dated as of October 19, 1999, (as the
same may be amended, supplemented, waived or otherwise modified from time to
time the "CREDIT AGREEMENT") among ▇▇ ▇▇▇▇▇ Securities Corporation, as Arranger,
Mortgagee, the Lenders, and Day International Group, Inc. ("the BORROWER").
References to this Mortgage shall mean this instrument and any and all renewals,
modifications, amendments, supplements, extensions, consolidations,
substitutions, spreaders and replacements of this instrument. References to this
"AMENDMENT" shall mean this instrument. Capitalized terms used and not otherwise
defined herein shall have the meanings assigned thereto in the Credit Agreement.
WITNESSETH
WHEREAS, the Mortgagor and Mortgagee have agreed to modify
that Mortgage dated as of January 16, 1998, recorded in the St. ▇▇▇▇▇▇ County
Recorder's Office in Liber 820 Page 776 on January 27, 1998 (the "MORTGAGE") so
that it will (i) secure, among other things, an increase in the principal amount
of the Indebtedness secured under any contingency by that instrument and (ii)
reflect the new Maturity Date;
NOW THEREFORE, in consideration of the premises and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Mortgagor and Mortgagee hereby agree as follows:
1. The Mortgage is amended by deleting the reference in
the opening paragraph to "333 ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇" and
substituting the following therefore: "130 ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇
▇▇▇▇▇".
2. The Mortgage is amended by deleting the reference in
the opening paragraph to "the Senior Secured Credit Agreement dated as January
16, 1998 (as the same maybe amended, supplemented, waived or otherwise modified
from time to time the "CREDIT AGREEMENT") among Societe Generale Securities
Corporation, as Arranger, Mortgagee, the Lenders, and Day International Group,
Inc. ("the BORROWER")." and substituting the following therefor:
2
"the Senior Secured Credit Agreement dated as of January 15, 1998 among Societe
Generate Securities Corporation, as Arranger, Mortgagee, the Lenders, and Day
International Group, Inc. ("the BORROWER"), as amended and restated pursuant to
the Amended and Restated Senior Secured Credit Agreement dated as of October 19,
1999 among ▇▇ ▇▇▇▇▇ Securities Corporation (successor in interest to Societe
Generale Securities Corporation), as Arranger, Mortgagee, the Lenders, and the
Borrower (as the same may be further amended, supplemented, waived or otherwise
modified from time to time the "CREDIT AGREEMENT")."
This Amendment has been duly executed by the undersigned on
the date first above written.
DAY INTERNATIONAL, INC.
Signed, sealed and
delivered in the By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
presence of -----------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
-----------------------------------
Witness Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Attest:
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
----------------------------------- -----------------------------------
Witness Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President
Signed, sealed and SOCIETE GENERALE
delivered in the
presence of By: -----------------------------
Name:
Title:
--------------------------
Witness Name: Attest:
By: -----------------------------
Name:
-------------------------- Title:
Witness Name:
This Amendment has been duly executed by the undersigned on
the date first above written.
Signed, sealed and DAY INTERNATIONAL, INC.
delivered in the
presence of By: ----------------------------
Name:
Title:
---------------------------
Witness Name: Attest:
By: ----------------------------
Name:
--------------------------- Title:
Witness Name:
Signed, sealed and SOCIETE GENERALE
delivered in the
presence of By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
-------------------------------
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: DIRECTOR
/s/ [ILLEGIBLE]
------------------------------------
Witness Name: [ILLEGIBLE] Attest:
By: /s/ [ILLEGIBLE]
-------------------------------
Name: [ILLEGIBLE]
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Agent
------------------------------------
Witness Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
