Exhibit 10
AMENDMENT TO INTERIM MERCHANT AGREEMENT
BANK: Household Bank (SB), N.A. MERCHANT: Xxxxxx-Xxxxxx Company
0000 Xxxx Xxxxxx Xxxxx 00000 Xxxx Xxxxx Xxxxxxx
Xxx Xxxxx, Xxxxxx 00000 Xxxxxxxx, XX 00000
Facsimile No. ____________
This Second Amendment to Interim Merchant Agreement (Second Interim Amendment)
is made and entered into as of the 21st day of December, 2000, by and between
Household Bank (SB), N.A. (herein Household) and Xxxxxx-Xxxxxx Company, a
Virginia corporation, debtor and debtor-in-possession (herein Merchant) and
amends the Interim Agreement, dated September 13, 2000 and the Amendment to
Interim Merchant Agreement dated November 14, 2000 (the First Amendment) by and
between the parties.
WHEREAS, the Bankruptcy Court entered an Order approving the Interim
Agreement on September 13, 2000.
WHEREAS, under its terms the Interim Agreement was scheduled to
terminate 60 days after its Effective Date in the event the parties had not
agreed to and executed a Definitive Agreement.
WHEREAS, the First Amendment extended the scheduled termination date of
the Interim Agreement from sixty (60) days to one hundred (100) days.
WHEREAS, the parties are near agreement on the terms of a Definitive
Agreement, but such agreement may not be finalized and executed prior to the
extended scheduled termination date set forth in the First Amendment.
WHEREAS, in order to finalize and execute the Definitive Agreement the
parties have agreed to continue to operate pursuant to the Interim Agreement and
desire to further amend and further extend the Interim Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual
promises, covenants and agreements set forth below and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
Section 15 of the Interim Agreement is hereby amended and modified to substitute
one hundred thirty five (135) days or until the Definitive Agreement is executed
and approved by the Bankruptcy Court, whichever comes first in lieu of one
hundred (100) days in each and every instance in which it appears in said
Section, as amended by the First Amendment.
All capitalized terms not otherwise defined herein shall have the same meaning
afforded them in the Interim Agreement and the First Amendment.
Except as otherwise modified herein, the terms and conditions of the Interim
Agreement and the First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their authorized
representatives to execute the Second Amendment to Interim Agreement as of the
date set forth above.
BANK: MERCHANT:
HOUSEHOLD BANK (SB), X.X. XXXXXX-XXXXXX COMPANY
By: /s/ Xxxxxx X. Xxxx By: /s/ Xxxxx X. Xxxxxx
------------------------ ------------------------
Print Name: Xxxxxx X. Xxxx Print Name: Xxxxx X. Xxxxxx
Title: Vice President Title: Senior Vice President -
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