FORM 10-Q
Exhibit 4.4(d)
AMENDMENT NO. 3 TO CREDIT AGREEMENT
AMENDMENT dated as of June 30, 1996 to the Amended
and Restated Credit Agreement dated as of November 18, 1994
(as heretofore amended, the "Agreement") among Cone Xxxxx
Corporation, the banks listed on the signature pages thereof
(the "Banks") and Xxxxxx Guaranty Trust Company of New York,
as Agent (the "Agent").
The parties hereto agree as follows with respect to
the Agreement:
SECTION 1. Definitions; References. Unless
otherwise specifically defined herein, each term used herein
which is defined in the Agreement shall have the meaning
assigned to such term in the Agreement. Each reference to
"hereof", "hereunder", "herein" and "hereby" and each other
similar reference and each reference to "this Agreement" and
each other similar reference contained in the Agreement shall
from and after the date hereof refer to the Agreement as
amended hereby.
SECTION 2. Amendment of Section 5.11 of the
Agreement. Section 5.11 of the Agreement is amended to read
in full as follows:
SECTION 5.11. Interest Coverage Ratio. As of
the last day of (i) each fiscal quarter ended on June 30,
1996, September 29, 1996 and December 29, 1996, the ratio
of EBIT to Consolidated Interest Expense for the period
of four consecutive fiscal quarters then ended will not
be less than 1.8:1 and (ii) each fiscal quarter ended
either prior to June 30, 1996 or after December 29, 1996,
the ratio of EBIT to Consolidated Interest Expense for
the period of four consecutive fiscal quarters then ended
will not be less than 2.3:1.
SECTION 3. Governing Law. This Amendment shall be
governed by and construed in accordance with the laws of the
State of New York.
SECTION 4. Counterparts; Effectiveness. This
Amendment may be signed in any number of counterparts, each of
which shall be an original, with the same effect as if the
signatures thereto and hereto were upon the same instrument.
This Amendment shall become effective as of June 30, 1996 when
the Agent shall have received duly executed counterparts
hereof signed by the Borrower and the Required Banks.
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FORM 10-Q
Exhibit 4.4(d) (continued)
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be duly executed as of the date first above
written.
CONE XXXXX CORPORATION
By /s/Xxxxx X. Xxxx
Title: Treasurer
XXXXXX GUARANTY TRUST COMPANY
OF NEW YORK
By /s/Xxxxxxx Xxxxx
Title: Vice President
FIRST UNION NATIONAL BANK
OF NORTH CAROLINA
By /s/S. C. Xxxxxxx XxXxxxxxx
Title: Senior Vice President
NATIONSBANK, N.A.
By /s/X. Xxxxxx Xxxxx
Title: Senior Vice President
WACHOVIA BANK OF NORTH
CAROLINA, N.A.
By /s/X. Xxxxxxx Laight
Title: Senior Vice President
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