fourthammendmenttoloansecur.htm


    

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

                

                    EXHIBIT
              10.13      
    

        

      


      FOURTH
        AMENDMENT TO LOAN AND SECURITY AGREEMENT

       

      THIS
        FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT dated as of May 7, 2007 (the
        AMENDMENT), between HENNESSEY FINANCIAL, LLC, a Minnesota limited liability
        company (MEZZANINE BORROWER) and CS FINANCING CORPORATION, a Delaware
        corporation (together with its successors and assigns, MEZZANINE
        LENDER).

       

      RECITALS:

       

      
        	
                A.  

              	
                Mezzanine
                  Borrower and Mezzanine Lender have entered into that certain Mezzanine
                  Loan and Security Agreement dated October 5, 2005 and amended on
                  August
                  22, 2006 and again on September 21, 2006 (“Loan
                  Agreement”).

              


      

       

      
        	
                B.  

              	
                Mezzanine
                  Borrower and Mezzanine Lender desire to amend the Loan Agreement
                  as stated
                  herein.

              


      

       

      AGREEMENTS:

       

      NOW,
        THEREFORE, in consideration of the foregoing Recitals, the mutual promises
        of
        the parties hereto and the mutual benefits to be gained by the performance
        hereof, Mezzanine Borrower and Mezzanine Lender hereby agree as
        follows:

       

      
        	
                1.  

              	
                Section
                  1.1 of the Loan Agreement shall be amended to delete the definition
                  “Pre-Approved Collateral”.

              


      

       

      
        	
                2.  

              	
                Section
                  5.1.19 of the Loan Agreement shall be
                  deleted.

              


      

       

      
        	
                3.  

              	
                Section
                  2.1.2 of the Loan Agreement shall be amended to remove the term
                  “pre-approved.”

              


      

       

      


       

      


       

      


       

      


       

      


                                                                                     
        IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
        executed by their duly authorized representatives, all as of the day and
        year
        first above written.

       

      


      MEZZANINE
        BORROWER:

      


      HENNESSEY
        FINANCIAL LLC,

      a
        Minnesota limited liability
        company

      


      By:
/s/
        Jeffrey Allen
        Gardner                                                                           

      


      Name:  Jeffrey
        Allen
        Gardner                                                                           

      Title:  President                                                      

      


      


      MEZZANINE
        LENDER:

      


      CS
        FINANCING CORPORATIONa Delaware
        corporation

      


      By:
/s/
        Timothy R.
        Redpath                                                                           

      


      Name:  Timothy
        R.
        Redpath                                                                           

      Title:  Chief
        Executive
        Officer                                                     


      
        
                

                    
      
      

                              121151736v1
              852682