EXHIBIT 10.26
FIRST AMENDMENT
TO AMENDED AND RESTATED CREDIT AGREEMENT
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is made effective as of the 2 nd day of May, 2005, between ATLANTIC AMERICAN
CORPORATION, a Georgia corporation (the "Borrower") and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the "Bank").
Background:
The Borrower and the Bank have entered into that certain Amended and Restated Credit Agreement dated as of June 30, 2003 (the "Credit Agreement").
The Borrower and the Bank wish to amend the Credit Agreement in certain respects as hereinafter provided.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. Definitions . Capitalized terms used herein which are not otherwise defined herein shall have the respective meanings assigned to them in the Credit Agreement.
SECTION 2. Amendment . The Credit Agreement is hereby amended as set forth in this Section 2. Section 5.26 of the Credit Agreement
is hereby amended and restated in its entirety to read as follows:
Section 5.26 Minimum Investment in NAIC Rated Bonds; Maximum Investment in Investment Properties. The Borrower will not at any time permit: (i) the Aggregate Value of NAIC
Rated Bonds to be less than (A) 50% of the Aggregate Value of Total Investments during the period from May 2, 2005 to and including December 31, 2005, and (B) 70% of the Aggregate Value of Total Investments at all other times and any time after December
31, 2005; or (ii) the aggregate value of Investment Properties to exceed 5% of the Aggregate Value of Total Investments. Prior to January 1, 2006, neither the Borrower nor any Consolidated Subsidiary shall purchase or make any bond Investments that are
not rated "2" or better by NAIC.
SECTION 3. No Other Amendment . Except for the amendment set forth above, the text of the Credit Agreement shall remain unchanged and in full force and effect. This Amendment
is not intended to effect, nor shall it be construed as, a novation. The Credit Agreement and this Amendment shall be construed together as a single instrument and any reference to the "Agreement" or any other defined term for the Credit Agreement
in the Credit Agreement, the Notes or any certificate, instrument or other document delivered pursuant t ...
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