Second Amended and Restated Loan and Security Agreement with Ultimate Electronics, Inc., et al.—Maximum Permitted Capital Expenditures for One Year Period Continuing Through January 31, 2004 Gentlemen:Ultimate Electronics Inc • December 15th, 2003 • Retail-radio, tv & consumer electronics stores
Reference is hereby made to that certain Second Amended and Restated Loan and Security Agreement, dated as of September 28, 2001, executed by Ultimate Electronics, Inc., a Delaware corporation ("Ultimate"), the other entities party thereto indicated to be a "Borrower" (together with Ultimate, "Borrowers"), Wells Fargo Retail Finance, LLC, a Delaware limited liability company ("WFRF"), as the arranger and administrative agent ("Agent") and WFRF as a Lender (as amended from time to time, "Loan Agreement"). Unless otherwise indicated, all terms used herein shall have the same meanings as in the Loan Agreement. PNC Bank, National Association and WFRF are the current "Lenders" party to the Loan Agreement ("Lenders").
