SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT
This Second Amendment to Revolving Credit Agreement made this 10th day of
October 1998, among HACH COMPANY, a Delaware corporation, and HACH EUROPE
S.A./N.V., A Belgian limited liability company (collectively the "Borrower"),
and U.S. BANK NATIONAL ASSOCIATION f/k/a COLORADO NATIONAL BANK ("Lender").
Whereas, the parties have heretofore entered into that certain Revolving Credit
Agreement dated as of July 7, 1997, as amended by the First Amendment dated 20th
day of February, 1998 (collectively the "Agreement"); and
Whereas, the parties desire to amend the Agreement as hereinafter provided.
Now, therefore, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereby covenant and agree as
follows:
1. The introductory paragraph of Section 3.3(b) is amended in its
entirety to read as follows:
(b) Selection of Interest Periods. The Borrower shall select an
interest period (each, an "Interest Period") to be applicable to
each Eurodollar Loan, pursuant to the applicable notice of
Borrowing or Notice of Conversion/Continuation, as the case may
be, which Interest Period shall be, at the Borrower's option, a
30-, 60-, 90-, 180- or 360-day period; provided, that all of the
following shall be satisfied with respect thereto:
2. Section 8.6(f) is amended in its entirety to read as follows:
(f) Indebtedness related to Capitalized Leases providing for
aggregate outstanding liabilities of not more than $5,000,000;
3. Section 8.7(e) is amended in its entirety to read as follows:
4. Unless otherwise provided herein, the defined terms shall have their
ascribed meanings as provided in the Agreement.
5. This Amendment may be executed in counterparts.
6. The Agreement, as amended hereby, and the Note is hereby ratified and
confirmed between parties.
In witness whereof, the parties have executed this First Amendment to
Warehousing Credit and Security Agreement as of the day and year first-above
written.
COMPANY:
HACH EUROPE S.A./N.V.,
a Belgian limited liability company
By: /s/ Xxxxx X. Xxxx
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Xxxxx X. Xxxx, President and Chief Executive Officer
HACH COMPANY
By: /s/ Xxxxx X. Xxxx
----------------------------------------------------
Xxxxx X. Xxxx, President and Chief Executive Officer
LENDER:
U.S. BANK NATIONAL ASSOCIATION
f/n/a COLORADO NATIONAL BANK
By: /s/ Xxxxx X. XxXxxxxx
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Xxxxx X. XxXxxxxx, Vice President
