Exhibit 10(14)
First Amendment to Business Loan Agreement between Registrant
and Bank of America, Texas, N.A., dated February 12, 1997
EXHIBIT 10.14
[LOGO OF BANK OF AMERICA]
Xx. X.X. Xxxxxx
Aztec Manufacturing Co.
X.X. Xxx 000
Xxxxxxx, Xxxxx
As of February 12, 1997
Re: Business Loan Agreement (Receivables and Inventory) between Bank of
America, Texas, N.A. and Aztec Manufacturing Co. dated as of June 28,
1996 (as the same has been or may be amended, the "Agreement"). All
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capitalized terms used herein, unless otherwise defined herein, shall
have the same meaning as in the Agreement.
Dear Xx. Xxxxxx:
This letter (the "Amendment Letter") is written to request that the
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Borrower agree to amend the Agreement as follows (the "Amendment"):
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1. Section 8.2 of the Agreement will be amended by adding thereto a new
subsection 8.2(g) to read in its entirety as follows:
(g) With each of the financial statements required to be delivered to
the Bank by the Borrower pursuant to this Section, a compliance certificate
in substantially the form of Exhibit C hereto.
2. The Agreement will be amended by adding an Exhibit C thereto as set
forth in Attachment 1 to this Amendment Letter.
If the Borrower agrees with the foregoing, please execute this Amendment
Letter in the space indicated below, have each of the Guarantors indicate their
consent to this Amendment Letter by providing their signature where indicated
and return a duplicate copy to the undersigned.
Each of the Borrower and the Guarantors agrees that:
a. Except as expressly set forth herein, this Amendment Letter shall not
be deemed to be an amendment or waiver of the terms and provisions of
the Agreement or any
collateral document, security instrument, debt instrument or any other
document or instrument executed in connection with the Agreement or in
any way related thereto (all of such agreements, documents and
instruments are referred to collectively herein as the "Loan
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Documents") nor a waiver of any default or event of default;
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b. Except as expressly modified by this Amendment Letter, the terms and
provisions of the Loan Documents are ratified and confirmed and shall
continue in full force and effect;
c. The Loan Documents continue to be legal, valid, binding and enforceable
in accordance with their respective terms; and
d. Each reference in any Loan Document to the Agreement is hereby amended
to mean the Agreement as amended by this Amendment Letter.
THIS AMENDMENT LETTER EMBODIES THE FINAL, ENTIRE AGREEMENT AMONG THE
PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS,
REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THIS
AMENDMENT LETTER, AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES
HERETO. This Amendment Letter shall be governed by and construed in accordance
with the laws of the State of Texas and the applicable laws of the United States
of America. This Amendment Letter may be executed in one or more counterparts
and on telecopy counterparts each of which shall be deemed an original but all
of which together shall constitute one and the same agreement.
Very truly yours.
THE BANK:
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BANK OF AMERICA, TEXAS, N.A.
By: /s/ Xxxxxx X. Xxxxxxx
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Name: Xxxxxx X. Xxxxxxx
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Title: Vice President
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Amendment Letter, Page 2
