EXHIBIT 4.11
Execution Copy
AMENDMENT NO. 4
TO
AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT
AMENDMENT NO. 4 dated March 4,
1999 to the Amended and Restated Revolving Credit
Agreement dated as of September 15, 1997 (as heretofore
amended, and as may be further amended, restated,
modified or supplemented from time to time, the "Credit
Agreement") among Jitney-Jungle Stores of America, Inc.,
Southern Jitney Jungle Company, XxXxxxx-Xxxxxx Co.,
Inc., Jitney-Jungle Bakery, Inc., Pump and Save, Inc.,
Interstate Jitney Jungle Stores, Inc.("Interstate Jitney-
Jungle"), and Delchamps, Inc. ("Delchamps") (each a
"Borrower" and collectively, the "Borrowers"), the
Guarantors named therein, the Lenders named therein and
Fleet Capital Corporation, as Agent.
WHEREAS, the Borrowers have requested
an increase in the Total Commitment under the Credit
Agreement to $162,300,000 and a five percent (5%)
seasonal increase of the inventory advance rate.
WHEREAS, Interstate Jitney-Jungle desires
to sell (the "Fayette Sale") that certain real estate located in
Fayette, Alabama (the "Fayette Parcel") as more fully
described in that certain Option to Purchase Real Estate,
dated November 16, 1998, attached hereto as Exhibit A
(the "Fayette Option Agreement") between Interstate
Jitney-Jungle and Atlantic Financial Group, Ltd.
WHEREAS, Delchamps desires to sell (the
"R-1 Mandeville Sale") that certain real estate located in
Mandeville, Louisiana (the "R-1 Mandeville Parcel") as
more fully described in that certain Agreement to Purchase
or Sell, dated November 16, 1998, attached hereto as
Exhibit B (the "R-1 Mandeville Purchase Agreement")
between Delchamps and Stirling Properties, Inc.
WHEREAS, Delchamps desires to sell (the
"S-1 Mandeville Sale") that certain real estate located in
Mandeville, Louisiana (the "S-1 Mandeville Parcel") as
more fully described in that certain Agreement to Purchase
or Sell, dated November 16, 1998, attached hereto as
Exhibit C (the "S-1 Mandeville Purchase Agreement")
between Delchamps and Stirling Properties, Inc.
WHEREAS, Delchamps desires to sell (the
"Mobile Sale", and collectively with the Fayette Sale, the
R-1 Mandeville Sale and the S-1 Mandeville Sale, the
"Real Estate Sales") that certain real estate located in
Mobile, Alabama (the "Mobile Parcel", and collectively
with the Fayette Parcel, the R-1 Mandeville Parcel and the
S-1 Mandeville Parcel, the "Real Estate Parcels") as more
fully described in that certain Purchase Agreement dated
July 14, 1998, attached hereto as Exhibit D (the "Mobile
Purchase Agreement", and collectively with the Fayette
Option Agreement, the R-1 Mandeville Purchase
Agreement and the S-1 Mandeville Purchase Agreement,
the "Real Estate Purchase Agreements") by and between
Delchamps and The State of Alabama, by and through its
agency the Alabama State Docks Department.
WHEREAS, the Borrowers have requested
that the Lenders consent to the Real Estate Sales and waive
certain provisions of the Credit Agreement as they relate
the to the Real Estate Sales.
WHEREAS, the Borrowers have requested
that the Agent and the Lenders amend certain terms and
provisions of the Credit Agreement.
WHEREAS the Lenders are willing to
amend and waive certain provisions of the Credit
Agreement, as more fully described herein, on the terms
and conditions hereof.
NOW, THEREFORE, the Borrowers, the
Guarantors, the Lenders and the Agent hereby agree as
follows:
1 SECTION CAPITALIZED TERMS. Capitalized
terms used herein and not defined shall have the respective
meanings assigned to such terms in the Credit Agreement.
1 SECTION AMENDMENTS TO THE CREDIT
AGREEMENT. The Credit Agreement shall be, and upon
the fulfillment of the conditions set forth in Section 5
hereof is, amended as follows:
1.1 SECTION The preamble of the Credit
Agreement is hereby amended by deleting the amount
"$150,000,000" and substituting the amount
"$162,300,000" therefor.
1.2
1.3 SECTION Schedule 2.01(a) is hereby
deleted in its entirety and Schedule 2.01 is hereby amended
in its entirety by substituting Schedule 2.01 attached hereto
therefore.
1.4
1.5 SECTION The following definitions are
hereby added in their proper alphabetical order in Article I
of the Credit Agreement:
1.6
"A.I. Credit Corp. Indebtedness" shall mean,
Indebtedness to A.I. Credit Corp. incurred in
connection with (a) a Premium Finance Agreement,
Disclosure Statement and Security Agreement dated
June 3, 1997, as amended, in a maximum principal
amount of $12,996,000, (b) a Premium Finance
Agreement, Disclosure Statement and Security
Agreement dated December 12, 1997, as amended,
in a maximum principal amount of $11,226,268, (c)
a Premium Finance Agreement, Disclosure
Statement and Security Agreement dated April 30,
1998, as amended, in a maximum principal amount
of $16,500,000, and (d) a Premium Finance
Agreement, Disclosure Statement and Security
Agreement dated October 9, 1998, as amended, in a
maximum principal amount of $9,752,521.
"Restructuring Obligations" shall mean, the
aggregate rental and other monetary obligations of
the Borrowers and their respective subsidiaries for
closed stores and for certain other obligations
assumed by the Borrowers in connection with the
Acquisition.
1.1 SECTION The definition of Commitment
contained in Article I of the Credit Agreement is hereby
deleted in its entirety and the following is hereby
substituted therefor:
1.2
"Commitment" shall mean, with respect to
each Lender, the Commitment of such Lender as set
forth in Schedule 2.01 annexed hereto, as it may be
adjusted from time to time pursuant to Sections 2.07
and 11.03.
1.1 SECTION The definition of Fixed Charge
Coverage Ratio contained in Article I of the Credit
Agreement is hereby deleted in its entirety and the
following is hereby substituted therefor:
1.2
"Fixed Charge Coverage Ratio" shall mean,
for any fiscal period, the ratio of (i) EBITDA of the
Borrowers and their respective subsidiaries for the
four most recent consecutive fiscal quarters ending
on or prior to the date of determination to (ii) the
sum of, without duplication, (A) Interest Expense,
(B) Capital Expenditures (excluding Capital
Expenditures in respect of Reinvestment Assets to
the extent funded with the Net Cash Proceeds of
Asset Sales), (C) cash dividends paid by, or other
distributions, redemptions, repurchases or
retirements of capital stock of, the Borrowers and
their respective subsidiaries, (D) taxes actually paid
by the Borrowers and their respective subsidiaries
in cash (less any tax refunds actually received by
the Borrowers and their respective subsidiaries in
cash) and (E) the aggregate of principal payments
(whether regularly scheduled payments, voluntary
or mandatory prepayments (including, without
limitation, by reason of any reduction of the Total
Commitment and/or the Supplemental Availability)
or occurring by reason of acceleration or otherwise)
of all Indebtedness (including, without limitation,
Capitalized Lease Obligations, Restructuring
Obligations, Indebtedness issued under the Senior
Indenture and under the Senior Subordinated
Indenture) made or scheduled to have been made by
the Borrowers and their respective subsidiaries
(other than principal payments on Loans except to
the extent paid to permanently reduce the Total
Commitment and/or the Supplemental Availability),
for such four-quarter period, in each case
determined on a Consolidated basis in accordance
with generally accepted accounting principles.
1.1 SECTION The definition of Interest
Coverage Ratio contained in Article I of the Credit
Agreement is hereby deleted in its entirety and the
following is hereby substituted therefor:
1.2
1.3 "Interest Coverage Ratio" shall mean, for any fiscal
period, the ratio of (i) EBITDA of the Borrowers and their
respective subsidiaries for the four most recent consecutive
fiscal quarters ending on or prior to the date of
determination, to (ii) the Interest Expense of the Borrowers
and their respective subsidiaries (including, without
limitation interest on Restructuring Obligations), for such
four-quarter period.
1.4
1.5 SECTION The definition of Leverage
Ratio contained in Article I of the Credit Agreement is
hereby deleted in its entirety and the following is hereby
substituted therefor:
1.6
"Leverage Ratio" shall mean, at the end of
any fiscal quarter, the ratio of (i) the sum of (x) all
Indebtedness of the Borrowers and their respective
subsidiaries (including, without limitation, the
amount of Obligations outstanding under this
Agreement (whether for principal, interest or
premium), the Indebtedness under the Senior Notes
and Indebtedness under the Senior Subordinated
Notes, but excluding Intercompany Indebtedness,
Indebtedness to trade creditors incurred in the
ordinary course of business and A.I. Credit Corp.
Indebtedness) and (y) $0 from the Initial Closing
Date through 1/2/1999, thereafter, Restructuring
Obligations, as at the date of determination to
(ii) EBITDA of the Borrowers and their respective
subsidiaries for the four-quarter period ending at the
date of determination, in each case determined on a
Consolidated basis in accordance with generally
accepted accounting principles.
1.1 SECTION The definition of Supplemental
Availability is hereby amended by deleting the phrase "plus
the aggregate amount of the Commitments set forth on
Schedule 2.01(a), if any" at the end of such definition.
1.2
1.3 SECTION Section 2.07(b)(i) of the Credit
Agreement is hereby amended by deleting the phrase ", and
on each such date, the Total Commitment shall be
permanently reduced by an amount equal to such
reduction"
1.4
1.5 SECTION Section 2.01(a) of the Credit
Agreement is hereby amended by adding the phrase "up to
seventy percent (70%) for the time periods March 1, 1999
through April 30, 1999 and September 1, 1999 through
October 31, 1999 and" immediately after the phrase "an
amount equal to the sum of (i)" as it appears in clause
(1)(B) of such Section 2.01(a).
1.6
1.7 SECTION Section 2.01(a) of the Credit
Agreement is hereby further amended by adding the phrase
"at all other times," immediately after the phrase "sixty-five
percent (65%)" as it appears in clause (1)(B) of such
Section 2.01(a).
1.8
1.9 SECTION Section 7.03 (xii) of the Credit
Agreement is hereby amended by deleting the phrase
"Indebtedness to A.I. Credit Corp. incurred in connection
with a Premium Finance Agreement, Disclosure Statement
and Security Agreement dated as of May 29, 1997, as
amended, in a maximum amount of $28,000,000" and
substituting the phrase "A.I. Credit Corp. Indebtedness"
therefor.
1.10
1.11 SECTION Section 7.07 of the Credit
Agreement is hereby amended in its entirety to read as
follows:
1.12
SECTION 7.07. Capital
Expenditures and Other Obligations. Permit the
aggregate amount of payments made, without
duplication, for Capital Expenditures, Capitalized
Lease Obligations and Indebtedness secured by
Liens permitted under Section 7.01(e) and/or
Section 7.01(k) hereof (excluding Capital
Expenditures in respect of Reinvestment Assets to
the extent funded with the Net Cash Proceeds of
Asset Sales), at the end of each fiscal period set
forth below to be greater than:
Date of Determination Amount
The Fiscal Year ending
January 2, 1999 $70,000,000
The Fiscal Quarter ending
March 27, 1999 $17,000,000
The two Fiscal Quarter
period
ending June 19,1999 $38,000,000
The three Fiscal Quarter
period ending September
11, 1999 $57,000,000
The Fiscal Year ending
January 1, 2000 $75,000,000
Each Fiscal Quarter
thereafter, 50% of EBITDA for
for the four most recent such period
consecutive fiscal quarters
of
the Borrowers and their
respective Consolidated
subsidiaries
Amount
1.1 SECTION Section 7.08 of the
Credit Agreement is hereby amended in its entirety to read
as follows:
1.2
SECTION 7.08. Fixed Charge Coverage
Ratio. (a) If as of the last day of any fiscal month
(each, a "Fixed Charge Test Date"), the average
daily Undrawn Availability for such fiscal month is
less than $15,000,000, permit the Fixed Charge
Coverage Ratio at the end of each fiscal quarter,
commencing with the first fiscal quarter starting
after the fiscal month in which such Fixed Charge
Test Date occurred, to be less than 1.00:1.00.
Within three (3) Business Days after each Fixed
Charge Test Date, the Borrowers shall provide the
Agent with a certificate from a Financial Officer
setting forth the calculation of the average daily
Undrawn Availability for the fiscal month then
ended.
(b) Beginning with the first fiscal quarter
commencing after any Fixed Charge Test Date
where the average daily Undrawn Availability for
the fiscal month ending on such Fixed Charge Test
Date is less than $15,000,000, if the average daily
Undrawn Availability for each of any two
consecutive fiscal quarter periods remains above
$15,000,000, the Fixed Charge Coverage Ratio may
thereafter be less than 1.00:1.00 until any Fixed
Charge Test Date where the average daily Undrawn
Availability for the fiscal month ending on such
Fixed Charge Test Date is less than $15,000,000 at
which time paragraph (a) of this Section 7.08 shall
apply.
1.1 SECTION Section 7.09 of the
Credit Agreement is hereby amended in its entirety to read
as follows:
1.2
SECTION 7.09. Leverage Ratio.
Permit the Leverage Ratio at the end of each fiscal
quarter set forth below to be greater than:
Date of Determination Ratio
The Fiscal Quarters ending
January 3, 1998 and March 28, 1998 5.50:1.00
The Fiscal Quarter ending
June 20, 1998 6.00:1.00
The Fiscal Quarter ending
September 12, 1998 6.00:1.00
The Fiscal Quarters ending
January 2, 1999 and March 27, 1999 5.30:1.00
The Fiscal Quarters ending
June 19, 1999, September 11, 1999
and January 1, 2000 5.25:1.00
Each Fiscal Quarter ending
in Fiscal Year 2000 4.30:1.00
Each Fiscal Quarter ending
in Fiscal Year 2001 3.90:1.00
Each Fiscal Quarter ending
in Fiscal Year 2002 3.60:1.00
Each Fiscal Quarter ending
in Fiscal Year 2003 3.40:1.00
1.1 SECTION Section 7.10 of the Credit
Agreement is hereby amended by deleting the amount
"1.80" as it appears in the "Ratio" column opposite the
phrase "Each Fiscal Quarter ending in Fiscal Year 1999"
and substituting the amount "1.70" therefor.
1 SECTION WAIVER AND CONSENT TO THE REAL ESTATE SALES
2
2.1 SECTION The Agent and the Lenders
hereby consent to the Real Estate Sales as described above
pursuant to the Real Estate Purchase Agreements and agree
to release any Lien on the Real Estate Parcels by the Agent
for the benefit of the Lenders.
1.1 SECTION The Agent and the Lenders
hereby waive the requirement of Section 2.09(d)(i) of the
Credit Agreement that the Borrowers make a mandatory
prepayment of the Loans in an amount equal to 100% of
the Net Cash Proceeds received by the Borrowers from the
Real Estate Sales.
1.2
1.3 SECTION The Agent and the Lender
hereby agree that the provision of Section 2.07(b)(ii) of the
Credit Agreement with respect to the mandatory permanent
reduction of the Total Commitment and Supplemental
Availability shall not apply to the Net Cash Proceeds
received by the Borrowers from the Real Estate Sales.
1.4
1.5 SECTION The Agent and the Lenders
acknowledge that the Borrowers have made a Reinvestment
Election pursuant to Section 2.09(d)(i) of the Credit
Agreement with regard the Net Cash Proceeds received by
the Borrowers from the Real Estate Sales.
1.6
1.7 SECTION The Agent and the Lenders
agree that any Net Cash Proceeds from the Real Estate
Sales reinvested in Reinvestment Assets shall not be
applied toward (x) the $1,000,000 per Fiscal Year limit or
(y) the $5,000,000 limit from the Initial Closing Date until
the Final Maturity Date on such reinvestment as provided
in Section 2.09(d)(i) of the Credit Agreement.
1 SECTION ADDITIONAL AGREEMENTS
2
2.1 SECTION The Borrowers hereby consent
to the assignment, pursuant to Section 11.03 of the Credit
Agreement, of any or all of the increase in the Total
Commitment contemplated hereunder by any existing
Lender to any Person.
1.1 SECTION The Borrowers hereby agree to
deliver to the Agent fully executed amendments to each
Mortgage reflecting the increase in the Total Commitment
within ten (10) Business Days of the date hereof and that
the failure to do so shall be an Event of Default.
1 SECTION CONDITIONS PRECEDENT
2
This Amendment shall become effective on
such date as the following conditions have been satisfied in
full or waived by the Agent in writing:
1.1 SECTION The Agent shall have received
in form and substance satisfactory to the Agent and its
counsel:
1.2
(a) A certificate signed by the
Secretary of each Borrower, Grantor and Guarantor,
dated the date hereof, certifying that attached
thereto is a true and complete copy of resolutions
adopted by such person's Board of Directors
authorizing the execution, delivery and performance
of this Amendment, and that such resolutions have
not been modified, rescinded or amended and are in
full force and effect.
(b) A certificate signed by a
Financial Officer of each Borrower and Guarantor,
that (i) the representations and warranties made in
this Amendment are true and correct, both
immediately prior to and after giving effect to the
transactions contemplated herein, and (ii) there
exists no unwaived Default or Event of Default both
immediately prior to and after giving effect to the
transactions contemplated herein.
(c) Counterparts of this
Amendment executed by each Borrower, each
Guarantor, each Grantor and the Required Lenders
shall have been delivered to the Agent.
(d) Evidence that this
Amendment and the transactions contemplated
herein shall not violate or contravene any credit
agreement, indenture or other agreement to which
any Borrower, Guarantor or Grantor is a party.
(e) An opinion of Butler, Snow,
O'Mara, Xxxxxxx & Xxxxxxx, PLLC, addressed to
the Agent and the Lender, as to the authorization,
execution and delivery of this Amendment and the
Notes delivered herewith and the non-contravention
of this Amendment with credit agreement, indenture
or other agreement to which any Borrower,
Guarantor or Grantor is a party.
(f) Each Lender that has
increased its Commitment shall have received Notes
reflecting such increase in Commitment duly
executed by the Borrowers.
(g) The Agent shall have
received (i) for the pro rata benefit of the Lenders
(based on the Lenders' respective commitments
immediately prior to the Amendment) an
amendment fee of $184,375 and (ii) for the pro rata
benefit of the Lenders (based on the increase in the
Lenders' respective commitments contained herein)
an increased line fee of $43,750.
(h) The Agent shall have
received an executed copy of the fee letter between
the Borrowers and Fleet Capital Corporation.
(i) Fully executed copies of the
Real Estate Purchase Agreements.
(j) Such other approvals,
opinions or documents as the Agent may reasonably
request.
1.1 SECTION All representations and
warranties contained in this Amendment or otherwise made
in writing to the Agent in connection herewith shall be true
and correct in all material respects.
1.2
1.3 SECTION No unwaived Default or Event
of Default has occurred and is continuing.
1.4
1.5 SECTION Xxxx, Scholer, Fierman, Xxxx
& Handler, LLP, counsel to the Agent, shall have received
payment in full for all legal fees charged, and all costs and
expenses incurred, by such counsel in connection with the
transactions contemplated under this Amendment and the
other Loan Documents and instruments in connection
herewith and therewith.
1 SECTION MISCELLANEOUS
2
2.1 SECTION Each of the Borrowers and
each Guarantor reaffirms and restates the representations
and warranties set forth in Article IV of the Credit
Agreement, as amended by this Amendment, and all such
representations and warranties shall be true and correct on
the date hereof with the same force and effect as if made on
such date (except insofar as such representation and
warranties relate expressly to an earlier date). Each of the
Borrowers and each Guarantor represents and warrants
(which representations and warranties shall survive the
execution and delivery hereof) to the Agent that:
(a) It has the corporate power and
authority to execute, deliver and carry out the terms
and provisions of this Amendment and has taken or
caused to be taken all necessary corporate action to
authorize the execution, delivery and performance
of this Amendment;
(a) No consent of any other person
(including, without limitation, shareholders or
creditors of any Borrower or a Guarantor), and no
action of, or filing with any governmental or public
body or authority is required to authorize, or is
otherwise required in connection with the
execution, delivery and performance of this
Amendment;
(a) This Amendment and the other
instruments and documents contemplated hereby
have been duly executed and delivered by a duly
authorized officer on behalf of such party, and
constitutes a legal, valid and binding obligation of
such party enforceable against such party in
accordance with its terms, subject to bankruptcy,
reorganization, insolvency, moratorium and other
similar laws affecting the enforcement of creditors'
rights generally and the exercise of judicial
discretion in accordance with general principles of
equity; and
(a) The execution, delivery and
performance of this Amendment and the other
instruments and documents contemplated hereby
will not violate any law, statute or regulation, or any
order or decree of any court or governmental
instrumentality, or conflict with, or result in the
breach of, or constitute a default under any
contractual obligation of such party.
1.1 SECTION Nothing herein shall be
deemed to be a waiver of any covenant or agreement
contained in the Credit Agreement, and each Borrower and
each Guarantor hereby agrees that all of the covenants and
agreements contained in the Credit Agreement and the
other Loan Documents are hereby ratified and confirmed in
all respects and shall remain in full force and effect in
accordance with their respective terms.
1.2
1.3 SECTION All references to the Credit
Agreement in the Credit Agreement or any other Loan
Document and the other documents and instruments
delivered pursuant to or in connection therewith shall mean
such Agreement as amended hereby and as each may in the
future be amended, restated, supplemented or modified
from time to time.
1.4
1.5 SECTION This Amendment may be
executed by the parties hereto individually or in
combination, in one or more counterparts, each of which
shall be an original and all of which shall constitute one
and the same agreement.
1.6
1.7 SECTION Delivery of an executed
counterpart of a signature page by telecopier shall be
effective as delivery of a manually executed counterpart.
1.1 SECTION This Amendment shall be
governed by, and construed and interpreted in accordance
with, the laws of the State of New York.
1.2
1.3 SECTION The parties hereto shall, at any
time and from time to time following the execution of this
Amendment, execute and deliver all such further
instruments and take all such further action as may be
reasonably necessary or appropriate in order to carry out
the provisions of this Amendment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties have
caused this Amendment to be executed by their respective
officers thereunto duly authorized, as to the date first above
written.
JITNEY-JUNGLE STORES OF AMERICA, INC.,
as Borrower and as Guarantor
By______________________
Name:
Title:
SOUTHERN JITNEY JUNGLE COMPANY,
as Borrower and as Guarantor
By_____________________
Name:
Title:
XxXXXXX-XXXXXX CO., INC.,
as Borrower and as Guarantor
By_____________________
Name:
Title:
JITNEY-JUNGLE BAKERY, INC.,
as Borrower and as Guarantor
By_____________________
Name:
Title:
PUMP AND SAVE, INC.,
as Borrower and as Guarantor
By_____________________
Name:
Title:
INTERSTATE JITNEY JUNGLE STORES, INC.,
as Borrower and as Guarantor
By_____________________
Name:
Title:
DELCHAMPS, INC.,
as Borrower and as Guarantor
By_____________________
Name:
Title:
JJ CONSTRUCTION CORP.,
as Guarantor
By_____________________
Name:
Title:
SUPERMARKET CIGARETTE SALES, INC.,
as Guarantor
By_____________________
Name:
Title:
FLEET CAPITAL CORPORATION,
as Agent
By______________________
Name:
Title:
FLEET CAPITAL CORPORATION, as Lender
By______________________
Name:
Title:
PNC BANK, NATIONAL ASSOCIATION, as Lender
By______________________
Name:
Title:
XXXXXX FINANCIAL INC., as Lender
By______________________
Name:
Title:
IBJ WHITEHALL BUSINESS CREDIT CORP., as Lender
By______________________
Name:
Title:
NATIONAL BANK OF CANADA, a Canadian
Chartered Bank, as Lender
By______________________
Name:
Title:
NATIONAL CITY BANK, as Lender
By______________________
Name:
Title:
DEUTSCHE FINANCIAL SERVICES CORPORATION,
as Lender
By______________________
Name:
Title:
FLEET BANK, N.A., as a Letter of Credit Issuer
By_______________________
Name:
Title:
SCHEDULE 2.01
Commitments
Lender Commitment
______ __________
Fleet Capital Corporation $63,966,666.67
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xx. Xxxxxx Xxxxxx
Tel #: (000) 000-0000
Fax #: (000) 000-0000
Xxxxxx Financial, Inc. $34,416,666.67
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xx. Xxx Xxxxxxxx
Tel #: (000) 000-0000
Fax #: (000) 000-0000
PNC Bank, National Association $15,733,333.33
0 XXX Xxxxx 00xx Xxxxx
000 Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Attention: Xx. Xxxxxxx Xxxx
Tel #: (000) 000-0000
Fax #: (000) 000-0000
IBJ Whitehall Business Credit Corp. $13,766,666.67
Xxx Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xx. Xxx Xxxxxx
Tel #: (000) 000-0000
Fax #: (000) 000-0000
National Bank of Canada, $12,783,333.33
a Canadian Chartered Bank
000 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xx. Xxx Xxxxxxx
Tel #: (000) 000-0000
Fax #: (000) 000-0000
Deutsche Financial Services $11,800,000.00
Corporation
0000 Xxxxxxxxxx Xxxxxxxxx Xxxxx 000
Xxxxxxx, XX 00000
Attention: Xx. Xxxxxxx Xxxxx
Fax #: (000) 000-0000
National City Bank $9,833,333.33
0000 Xxxx Xxxxx Xxxxxx
Xxxxxxxxx, Xxxx 00000
Attention: Xx. Xxxxxx X. Xxxxxxx
Tel #: (000) 000-0000
Fax #: (000) 000-0000
Total Commitment $162,300,000
