EXHIBIT 10.1
AMENDMENT AGREEMENT NUMBER ONE
TO LOAN AND SECURITY AGREEMENT
THIS AMENDMENT AGREEMENT NUMBER ONE TO LOAN AND SECURITY AGREEMENT (this
"Amendment"), dated as of July 26, 2001, is entered into between and among, on
the one hand U.S. BANK NATIONAL ASSOCIATION, as a lender and as the arranger and
administrative agent ("Agent") for the lenders that become members of the Lender
Group pursuant to the terms of the Agreement (as that term is defined below)
(such lenders, together with their respective successors and assigns, are
referred to hereinafter each individually as a "Lender" and collectively as the
"Lenders"), and, on the other hand, 3D SYSTEMS CORPORATION, a Delaware
corporation ("Parent"), and each of Parent's Subsidiaries identified on the
signature page hereof (such Subsidiaries, together with Parent, are referred to
hereinafter each individually as a "Borrower," and individually and
collectively, jointly and severally, as the "Borrowers") and amends that certain
Loan and Security Agreement, dated as of May 21, 2001, between and among Agent
and Borrowers (the "Agreement"). All terms which are defined in the Agreement
shall have the same definition when used herein unless a different definition is
ascribed to such term under this Amendment, in which case, the definition
contained herein shall govern. This Amendment is entered into in light of the
following facts:
RECITALS
WHEREAS, Section 3.1(a) of the Agreement is a condition precedent to the
initial Advance that the Closing Date occur on or before July 31, 2001; and
WHEREAS, the Agent and Borrowers have agreed that the Closing Date be
permitted to occur on or before August 31, 2001;
NOW, THEREFORE, the parties agree as follows:
1. Section 3.1(a) of the Agreement is deleted in its entirety and is
replaced with a new Section 3.1(a) as follows:
(a) The Closing Date shall occur on or before August 31, 2001.
2. This Amendment shall be deemed effective as of the date first
hereinabove written and shall have no retroactive effect whatsoever. Except as
specifically amended herein, the Agreement shall remain in full force and effect
without any other changes, amendments or modifications.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and delivered as of the date first above written.
3D SYSTEMS CORPORATION,
a Delaware corporation, as Administrative Borrower
and as a Borrower
By: /S/ E. XXXXX XXXXXX
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Title: CFO
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3D SYSTEMS, INC.
a California corporation, as a Borrower
By: /S/ E. XXXXX XXXXXX
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Title: CFO
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TIGER DEALS, INC.,
a Delaware corporation, as a Borrower
By: /S/ E. XXXXX XXXXXX
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Title: CFO
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3D CAPITAL CORPORATION,
a California corporation, as a Borrower
By: /S/ E. XXXXX XXXXXX
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Title: CFO
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DTM CORPORATION,
a Texas corporation, as a Borrower effective upon
consummation of the Merger
By:
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Title:
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U.S. BANK NATIONAL ASSOCIATION,
as Agent and as a Lender
By: /S/ XXXXXXX X. XXX
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Xxxxxxx X. Xxx, Vice President
