EXHIBIT 10.9.1
Bio-Rad Laboratories, Inc.
0000 Xxxxxx Xxxxx Xxxxx
Xxxxxxxx, Xxxxxxxxxx 00000
Attention: Xx. Xxxxx Xxxxxxxxxxx September 30, 1994
RE: Amendment No. 1 to Credit Agreement
Ladies and Gentlemen:
We refer to the above referenced agreement dated as of February
18, 1994 among Bio-Rad Laboratories, Inc. (the "Borrower"), the
lenders party thereto (the "Lenders") and The First National Bank
of Chicago, as agent (the "Agent") (as modified, amended,
extended and renewed from time to time, the "Agreement").
Capitalized terms used herein and not otherwise defined herein
shall have the meanings set forth for such terms in the
Agreement.
The Borrower has requested that Section 6.22(i) of the Agreement
be amended to decrease the outstanding minimum dollar amount of
Subordinated Debt. Therefor, the Borrower, the Lenders and the
Agent hereby agree to amend the Agreement as follows:
1. Paragraph (i), Section 6.22 of the Agreement is hereby
deleted in its entirety and substituted herefor the
following:
"(i) The Borrower will not, nor will it permit any
Subsidiary to, directly or indirectly, voluntarily
prepay, defease or in substance defease, purchase,
redeem, retire, or otherwise acquire, any Subordinated
Debt, provided that the Borrower may prepay, redeem,
defease or otherwise Subordinated Debt only if after
giving effect to such payment, the Borrower has
outstanding at least $20,000,000 in the principal
amount of Subordinated Debt."
Except for the amendment herein contained, the terms, conditions
and covenants of the Agreement remain in full force and effect
and are hereby ratified and conformed.
This amendment shall be construed in accordance with the internal
laws (and not the law of conflicts) of the State of Illinois, but
giving effect to federal laws applicable to national banks.
This amendment letter may be executed in any number of
counterparts, all of which taken together shall constitute an
agreement, and any of the parties hereto may execute this
agreement by signing any such counterpart.
This amendment letter shall become effective as of the date first
above written upon receipt of duly executed counterparts of this
letter from the Borrower, the Lenders and the Agent.
Very truly yours,
THE FIRST NATIONAL BANK OF CHICAGO
Individually and as Agent
By: /s/ L. Xxxx Xxxxx
Title: _______________________
BIO-RAD LABORATORIES, INC.
By: /s/ Xxxxxx X. Xxxxx
Title: Vice President
THE BANK OF CALIFORNIA, N.A.
By: /s/ Xxxxx X. Xxxxxxxx
Title: Vice President
SOCIETE GENERALE
By: /s/ J. Xxxxxx Xxxxx
Title: Regional Manager
XXXXX FARGO BANK
By: /s/ Xxxx X. Xxxxxxxx
Title: Vice President
