800 MTS.
CARRETERS A LA JUTOSA, ZONE LIBRE INHDELVA, CHOLOMA CORTES, HONDURAS, C.A;
PROVIDED, HOWEVER, THAT NOT LESS THAN THIRTY (30) DAYS PRIOR TO TRANSFERRING ANY
SUCH EQUIPMENT FROM THE ASHEVILLE FACILITY TO THE HONDURAS FACILITY, BORROWER
SHALL PROVIDE LENDER WITH A SCHEDULE OF THE EQUIPMENT TO BE MOVED AND THE
MONTH(S) IN WHICH SUCH EQUIPMENT WILL BE MOVED.
7.13
ADDITIONAL FINANCIAL REPORTING REQUIREMENTS.
(A)
SECTION 9.6(A)(I) OF THE LOAN AGREEMENT IS HEREBY AMENDED BY
ADDING THE FOLLOWING LANGUAGE TO THE END OF SUCH SECTION:
"along with a schedule in form reasonably satisfactory to Lender of the
calculations used in determining, as of the end of such month, whether Borrower
and Guarantors were in compliance with the covenants set forth in Sections 9.20
and 9.21 of this Agreement for such month,"
(B)
SECTION 9.6 OF THE LOAN AGREEMENT IS HEREBY AMENDED BY ADDING THE
FOLLOWING NEW SECTION 9.6(F):
13
"(f)
Borrower and each Guarantor shall also provide Lender with copies of all
financial reports, schedules and other materials and information at any time
furnished by or on behalf of Borrower or any Guarantor to the Bankruptcy Court,
or the U.S. Trustee or to any creditors' committee or such Borrower's or
Guarantor's shareholders, concurrently with the delivery thereof to the
Bankruptcy Court, creditors' committee, U.S. Trustee or shareholders, as the
case may be."
7.14
REAL PROPERTY.
SCHEDULE 9.7 OF THE LOAN AGREEMENT IS HEREBY
AMENDED BY DELETING THE TEXT OF SUCH SCHEDULE IN ITS ENTIRETY AND SUBSTITUTING
THE FOLLOWING THEREFOR:
"NONE."
7.15
COSTS AND EXPENSES.
SECTION 9.16(F) OF THE LOAN AGREEMENT IS
HEREBY AMENDED BY ADDING THE FOLLOWING NEW LANGUAGE AT THE END THEREOF:
"PROVIDED, HOWEVER, THAT LENDER SHALL CONDUCT, AT BORROWER'S SOLE COST AND
EXPENSE, NOT MORE THAN THREE (3) FIELD EXAMINATIONS DURING ANY CONSECUTIVE
TWELVE (12) MONTH PERIOD, BUT AS MANY FIELD EXAMINATIONS AS LENDER MAY DEEM
NECESSARY (EACH AT BORROWER'S SOLE COST AND EXPENSE) ON OR AFTER AN EVENT OF
DEFAULT;"
7.16
SALE OF ASSETS, CONSOLIDATION, MERGER, DISABILITIES, ETC.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SECTION 9.7(B) OF THE LOAN
AGREEMENT OR ANY OTHER PROVISION OF THE LOAN AGREEMENT OR THE OTHER FINANCING
AGREEMENTS, BORROWER AND GUARANTORS SHALL NOT DIRECTLY OR INDIRECTLY SELL,
TRANSFER, LEASE, ENCUMBER, RETURN OR OTHERWISE DISPOSE OF ANY PORTION OF THE
COLLATERAL OR ANY OTHER ASSETS OF BORROWER AND GUARANTORS, INCLUDING, WITHOUT
LIMITATION, ASSUME, REJECT OR ASSIGN ANY LEASEHOLD INTEREST OR ENTER INTO ANY
AGREEMENT TO RETURN INVENTORY TO VENDOR, WHETHER PURSUANT TO SECTION 546 OF THE
BANKRUPTCY CODE OR OTHERWISE, WITHOUT THE PRIOR WRITTEN CONSENT OF LENDER (AND
NO SUCH CONSENT SHALL BE IMPLIED, FROM ANY OTHER ACTION, INACTION OR
ACQUIESCENCE BY LENDER) EXCEPT FOR SALES OF BORROWER'S AND GUARANTORS' INVENTORY
IN THE ORDINARY COURSE OF THEIR BUSINESS.
7.17
CAPITAL EXPENDITURES.
SECTION 9 OF THE LOAN AGREEMENT IS HEREBY
AMENDED BY ADDING THE FOLLOWING NEW SECTION 9.20 AT THE END THEREOF:
"9.20
Maximum Capital Expenditures.
Borrower shall not during any period set
forth in Schedule 9.20 hereto, directly or indirectly, make