'BORROWERS.'"
EFFECTIVE AS OF THE EFFECTIVE DATE, A NEW SECTION
10.21 IS ADDED TO THE LOAN AGREEMENT TO READ IN ITS ENTIRETY AS FOLLOWS:
"10.21
THE TERM 'BORROWER' OR 'BORROWERS'.
ALL REFERENCES TO 'BORROWER' OR
'BORROWERS' HEREIN SHALL REFER TO AND INCLUDE EACH OF THE ORIGINAL BORROWER AND
THE ADDITIONAL BORROWER SEPARATELY AND ALL REPRESENTATIONS CONTAINED HEREIN
SHALL BE DEEMED TO BE SEPARATELY MADE BY EACH OF THEM, AND EACH OF THE
COVENANTS, AGREEMENTS AND OBLIGATIONS SET FORTH HEREIN SHALL BE DEEMED TO BE THE
JOINT AND SEVERAL COVENANTS, AGREEMENTS AND OBLIGATIONS OF THEM (EXCEPT AS
OTHERWISE SPECIFICALLY PROVIDED HEREIN).
ANY NOTICE, REQUEST, CONSENT, REPORT
OR OTHER INFORMATION OR AGREEMENT DELIVERED TO AGENT OR ANY LENDER BY ANY
BORROWER SHALL BE DEEMED TO BE RATIFIED BY, CONSENTED TO AND ALSO DELIVERED BY
THE OTHER BORROWER.
EACH BORROWER RECOGNIZES AND AGREES THAT EACH COVENANT AND
AGREEMENT OF 'BORROWER' OR 'BORROWERS' UNDER THIS AGREEMENT AND THE OTHER LOAN
DOCUMENTS SHALL CREATE A JOINT AND SEVERAL OBLIGATION OF THE BORROWERS, WHICH
MAY BE ENFORCED AGAINST BORROWERS, JOINTLY, OR AGAINST EACH BORROWER
SEPARATELY.
WITHOUT LIMITING THE TERMS OF THIS AGREEMENT AND THE OTHER LOAN
DOCUMENTS, LIENS GRANTED UNDER THIS AGREEMENT AND OTHER LOAN DOCUMENTS IN
PROPERTIES, INTERESTS, ASSETS AND COLLATERAL SHALL EXTEND TO THE PROPERTIES,
INTERESTS, ASSETS AND COLLATERAL OF EACH BORROWER.
SIMILARLY, THE TERM
'OBLIGATIONS' SHALL INCLUDE, WITHOUT LIMITATION, ALL OBLIGATIONS, LIABILITIES
AND INDEBTEDNESS OF SUCH PERSONS, OR ANY ONE OF THEM, TO AGENT OR LENDERS,
WHETHER SUCH OBLIGATIONS, LIABILITIES AND INDEBTEDNESS SHALL BE JOINT, SEVERAL,
JOINT AND SEVERAL OR INDIVIDUAL."
SECTION 2.09
AMENDMENT TO SECTION 11.1 OF THE LOAN AGREEMENT; ADDITION OF
CERTAIN DEFINITIONS.
EFFECTIVE AS OF THE EFFECTIVE DATE, SECTION 11.1 OF THE
LOAN AGREEMENT IS
6
HEREBY AMENDED BY ADDING THE FOLLOWING NEW DEFINITIONS THERETO, TO BE INSERTED
IN THEIR PROPER ALPHABETICAL ORDER:
"'ADDITIONAL BORROWER' - BTI TECHNOLOGIES, L.P., A TEXAS LIMITED PARTNERSHIP.
'BTJ SALE' - HAS THE SAME MEANING AS IN THE FOURTH AMENDMENT.
'ELIGIBLE CASH COLLATERAL' - SHALL MEAN SUCH CASH OF BORROWER AND SUCH
SHORT-TERM LIQUID INVESTMENTS OF BORROWER AS ARE ACCEPTABLE TO AGENT TO THE
EXTENT THAT AGENT, FOR THE BENEFIT OF LENDERS, HAS A FIRST PRIORITY PERFECTED
LIEN IN SUCH CASH AND SUCH LIQUID INVESTMENTS, SUCH LIEN TO BE PERFECTED IN SUCH
A MANNER AND PURSUANT TO SUCH DOCUMENTATION AS SHALL BE SATISFACTORY TO AGENT IN
ITS SOLE DISCRETION.
'FOURTH AMENDMENT' - THAT CERTAIN FOURTH AMENDMENT TO LOAN AND SECURITY
AGREEMENT EXECUTED BY ORIGINAL BORROWER, ADDITIONAL BORROWER, AGENT AND LENDERS.
'ORIGINAL BORROWER' - BANCTEC, INC., A DELAWARE CORPORATION."
SECTION 2.10
AMENDMENT TO SECTION 11.1 OF THE LOAN AGREEMENT; DELETION OF
DEFINITION OF "REAL PROPERTY ADVANCE AMOUNT".
EFFECTIVE AS OF THE EFFECTIVE
DATE, SECTION 11.1 OF THE LOAN AGREEMENT IS HEREBY AMENDED BY DELETING THEREFROM
THE DEFINITION OF "REAL PROPERTY ADVANCE AMOUNT."
SECTION 2.11
AMENDMENT TO EXHIBIT C.
EFFECTIVE AS OF THE EFFECTIVE DATE,
EXHIBIT C TO THE LOAN AGREEMENT (FORM OF REVOLVING NOTE) IS HEREBY DELETED IN
ITS ENTIRETY AND REPLACED WITH EXHIBIT C ATTACHED