166
Exhibit 4.3(k)
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
c/o Prudential Capital Group
Xxx Xxxxxxx Xxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxx 00000
November 12, 0000
Xxxx Xxxxx Xxxxxxxxxxx
0000 Xxxxx Xxx Xxxxxx
Xxxxxxxxxx, Xxxxx Xxxxxxxx 00000
Attn: Mr. Xxxxx Xxxx, Treasurer
Ladies and Gentlemen:
Reference is made to the Note Agreement dated as of August 13, 1992, as
heretofore amended (the "Note Agreement") between Cone Xxxxx Corporation (the
"Company") and The Prudential Insurance Company of America ("Prudential").
Capitalized terms used and not otherwise defined in this letter have the same
meanings given those terms in the Note Agreement. At the request of the Company,
Prudential hereby waives any Default which may exist under Section 6A(2) or
6A(3) of the Note Agreement, such waiver to be effective solely for the period
commencing on the date hereof and ending on January 15, 2000. This waiver shall
be limited precisely as written, and shall not extend to any Default under any
other provision of the Note Agreement or to any Default under Section 6A(2) or
6A(3) of the Note Agreement which may exist after the expiration of this waiver
(including, for avoidance of doubt, any Default which may exist at November 12,
1999 but for this waiver). Except as amended herein, all of the terms,
conditions and obligations of the Note Agreement shall remain in full force and
effect. If you are in agreement with the foregoing, please sign in the space
provided below and this letter shall become a binding agreement between the
Company and Prudential.
Very truly yours,
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA
By:/s/ Xxxxxx X. Xxxxxxx
Title: Vice President
Agreed and accepted as of
the date first above written:
CONE XXXXX CORPORATION
By:/s/ Xxxxx X. Xxxx
Title: Treasurer
