TO $164,083.33."
(C) INTERPRETATION.
FOR PURPOSES OF THIS AMENDMENT NO. 4, ALL TERMS USED
HEREIN, INCLUDING BUT NOT LIMITED TO, THOSE TERMS USED AND/OR DEFINED HEREIN OR
IN THE RECITALS HERETO SHALL HAVE THE RESPECTIVE MEANINGS ASSIGNED THERETO IN
THE LOAN AGREEMENT AS AMENDED BY THIS AMENDMENT NO. 4.
2. PERMITTED TRANSACTIONS.
EACH REFERENCE TO THE FIGURE "$25,000,000" IN EACH
OF SECTIONS 9.9(E)(V), 9.9(F)(V), 9.10(G)(III) AND 9.11(C)(IV) OF THE LOAN
AGREEMENT IS HEREBY DELETED AND REPLACED WITH THE FOLLOWING: "$50,000,000".
3. NEW EQUIPMENT LOANS.
(A) BORROWER HEREBY CONFIRMS AND AGREES THAT AS OF THE DATE OF THIS AMENDMENT
NO. 4, THE AGGREGATE PRINCIPAL AMOUNT OUTSTANDING FOR LOANS MADE IN RESPECT OF
THE NEW EQUIPMENT AVAILABILITY IS $1,194,000 (THE "EXISTING NEW EQUIPMENT
LOANS").
UPON THE EFFECTIVE DATE OF THIS AMENDMENT NO. 4, THE EXISTING NEW
EQUIPMENT LOANS SHALL HEREBY BE DEEMED TO BE INCLUDED AMONG AND REPLACED BY THE
LOANS MADE PURSUANT TO THE EQUIPMENT AVAILABILITY.
(B) THE AMENDMENT AND RESTATEMENT OF THE NEW EQUIPMENT LOANS AS SET FORTH IN
CLAUSE (A) OF THIS SECTION SHALL NOT, IN ANY MANNER, BE CONSTRUED TO CONSTITUTE
PAYMENT OF, OR IMPAIR, LIMIT, CANCEL OR EXTINGUISH, OR CONSTITUTE A NOVATION IN
RESPECT OF, ANY OF THE OBLIGATIONS EVIDENCED BY OR ARISING UNDER THE FINANCING
AGREEMENTS, AND THE LIENS AND SECURITY INTERESTS SECURING THE OBLIGATIONS SHALL
NOT IN ANY MANNER BE IMPAIRED, LIMITED, TERMINATED, WAIVED OR RELEASED.
4. AMENDMENT FEE.
IN ADDITION TO ALL OTHER FEES, CHARGES, INTEREST AND EXPENSES
PAYABLE BY BORROWER TO AGENT UNDER THE LOAN AGREEMENT AND THE OTHER FINANCING
AGREEMENTS, BORROWER SHALL PAY TO AGENT, FOR THE ACCOUNT OF LENDERS, AN
AMENDMENT FEE IN THE AMOUNT OF $50,000 WHICH SHALL BE FULLY EARNED, DUE AND
PAYABLE AS OF THE DATE HEREOF AND WHICH MAY BE CHARGED DIRECTLY TO ANY LOAN
ACCOUNT OF BORROWER MAINTAINED BY AGENT.
5. REPRESENTATIONS AND WARRANTIES.
BORROWER REPRESENTS AND WARRANTS WITH AND TO
AGENT AND LENDERS AS FOLLOWS, WHICH REPRESENTATIONS AND WARRANTIES SHALL SURVIVE
THE EXECUTION AND
2
DELIVERY HEREOF, THE TRUTH AND ACCURACY OF, OR COMPLIANCE WITH EACH, TOGETHER
WITH THE REPRESENTATIONS, WARRANTIES AND COVENANTS IN THE OTHER FINANCING
AGREEMENTS, BEING A CONTINUING CONDITION OF THE MAKING OF ANY LOANS BY AGENT (OR
AGENT ON BEHALF OF LENDERS) TO BORROWER:
(A) AS OF THE DATE HEREOF AND AFTER GIVING EFFECT TO THE CONSENTS PROVIDED FOR
HEREIN, NO DEFAULT OR EVENT OF DEFAULT EXISTS OR HAS OCCURRED AND IS CONTINUING.
(B) THIS AMENDMENT NO. 4 AND EACH OTHER AGREEMENT OR INSTRUMENT TO BE EXECUTED
AND DELIVERED BY BORROWER IN CONNECTION HEREWITH HAVE BEEN DULY AUTHORIZED,
EXECUTED AND DELIVERED BY ALL NECESSARY ACTION ON THE PART OF BORROWER AND THE
AGREEMENTS AND OBLIGATIONS OF BORROWER CONTAINED HEREIN CONSTITUTE LEGAL, VALID
AND BINDING OBLIGATIONS OF BORROWER ENFORCEABLE AGAINST BORROWER IN ACCORDANCE
WITH THEIR RESPECTIVE TERMS.
6. CONDITIONS PRECEDENT.
THE EFFECTIVENESS OF THE CONSENTS CONTAINED HEREIN
SHALL ONLY BE EFFECTIVE UPON THE SATISFACTION OF EACH OF THE FOLLOWING
CONDITIONS PRECEDENT IN A MANNER SATISFACTORY TO AGENT:
(A) AGENT SHALL HAVE