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EXHIBIT 10.9
[COMERICA BANK-TEXAS LETTERHEAD]
October 19, 2000
Xx. Xxxx Xxxxxxx
Bestway Rental, Inc.
0000 Xxxxxxxx Xxxxxxx, Xxxxx 000
Xxxxxx, Xxxxx 00000
RE: SECOND AMENDMENT TO FIRST AMENDED AND RESTATED REVOLVING CREDIT LOAN
AGREEMENT (THE "LOAN AGREEMENT") BETWEEN COMERICA BANK-TEXAS ("LENDER")
AND BESTWAY, INC.; BESTWAY RENTAL, INC.; K.C. RESOURCE SERVICE
CORPORATION; AND U.S. CREDIT-SERVICE CORPORATION, (COLLECTIVELY,
"BORROWER") DATED APRIL 12, 1996, AND AS AMENDED FROM TIME TO TIME.
Dear Xx. Xxxxxxx:
Based on the revised projections provided by you for fye 7-31-00, it appears
that a violation of Section 6.7 (Minimum Effective Tangible Net Worth) of the
Loan Agreement could occur. Based on the information provided, and our analysis
of same to date, Xxxxxx agrees to modify the provision of 6.7 as follows:
7/31/00 - 9/30/00 $ 9,500,000
10/31/00 - 12/31/00 $ 9,500,000
01/31/01 - 03/31/01 $ 9,700,000
04/30/01 - 06/30/01 $10,300,000
The preceding modification shall not constitute a waiver of any subsequent
defaults or other violations of the provisions of the Agreement and shall not
imply that the Lender will in the future grant any other waivers or
modifications.
Please call me if you have any questions or if I can be of further assistance.
My direct phone number is (000)000-0000.
Sincerely,
/s/ XXXX X. XXXXXXX
Xxxx X. Xxxxxxx
Vice President
cc: Loan Agreement File
