EXHIBIT 10.36
Greyrock Business Credit
A NationsBank Company
Amendment to Loan Documents
Borrower: Marcam Corporation
Address: 00 Xxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Date: December 16, 1996
THIS AMENDMENT ("Amendment") is entered into as of the above date between
GREYROCK BUSINESS CREDIT, a Division of NationsCredit Commercial Corporation
(formerly Greyrock Capital Group Inc.) ("GBC"), whose address is 00000 Xxxxxxxx
Xxxx. Xxxxx 000, Xxx Xxxxxxx, XX 00000 and the borrower named above ("Borrower")
with respect to the Loan and Security Agreement between GBC and Borrower, dated
August 29, 1995 (as amended, the "Loan Agreement"). (This Amendment, the Loan
Agreement, any prior written amendments to said agreements signed by GBC and the
Borrower, and all other written documents and agreements between GBC and the
Borrower are referred to herein collectively as the "Loan Documents,"
Capitalized terms used but not defined in this Amendment, shall have the
meanings set forth in the Loan Agreement.)
The parties agree to amend the Loan Agreement as follows, effective on the
date hereof:
1. Interest Rate. The first sentence of Section 2 of the Schedule, which
presently reads "All Loans shall bear interest at a rate equal to the
"Prime Rate" (as hereinafter defined), plus 3% per annum, calculated on the
basis of a 360-day year for the actual number of days elapsed" is amended to
read as follows:
"All Loans shall bear interest at a rate equal to the "Prime Rate" (as
hereinafter defined), plus 1% per annum, calculated on the basis of a 360
day year for the actual number of days elapsed.
2. Monthly Fee. Each month during the term of the Loan Agreement, and so
long as any Obligations remain outstanding, Borrower shall pay GBC a monthly fee
(the "Monthly Fee") in an amount equal to $2,000 for each $1,000,000 or portion
thereof of average outstanding Obligations outstanding during such month. The
Monthly Fee shall be payable with respect to each month on the last day of such
month, commencing November 30, 1996. Thus, for example, if the average
outstanding Obligations outstanding during a month were $800,000, the amount of
the Monthly Fee for such month would by $2,000, and if the average outstanding
Obligations outstanding during a month were $1,300,000, the amount of the
Monthly Fee for such month would be $4,000.
Greyrock Business Credit Amendment to Loan Documents
3. Representations True. Borrower represents and warrants to GBC that
all representations and warranties set forth in the Loan Agreement are true and
correct. With respect to the representation contained in Section 3.8 of the
Agreement, Borrower makes the representation having reference to the matters
identified in the attached Schedule 3.8; with respect to Section 3.10 of the
Agreement, Borrower makes the representation having reference to the Litigation
Update dated May 7, 1996, which has previously been given to GBC.
4. General Provisions. The consents set forth above shall not be deemed
to be a consent to any other transfer of Collateral or guaranty, whether or not
similar to the foregoing. This Amendment, the Loan Agreement, and the other
Loan Documents set forth in full all of the representations and agreements of
the parties with respect to the subject matter hereof and supersede all prior
discussions, representations, agreements and understandings between the parties
with respect to the subject hereof. Except as herein expressly amended, all of
the terms and provisions of the Loan Agreement and the other Loan Documents
shall continue in full force and effect and the same are hereby ratified and
confirmed.
Borrower: GBC:
MARCAM CORPORATION GREYROCK BUSINESS CREDIT,
a Division of
NationsCredit Commercial Corporation
By: /s/ Xxxxxx X.Xxxxxxxxxxx, 3d By: /s/ Xxx Xxxxxxxx
-------------------------------- ----------------------------------
Chief Financial Officer
Title: Vice President and Chief
Operating Officer
By: /s/ Xxxxx X. Xxxxxx
--------------------------------
Secretary or Ass't Secretary
2
