SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT - - --------------------------------------------------------------------------------
November 8, 1996
Effective: November 4, 1996
THIS SIXTH AMENDMENT IS made to the Amended and Restated Loan and Security Agreement (the "LOAN AGREEMENT"), which Amended and Restated Loan and Security Agreement took effect on April 6, 1995 as an amendment and restatement of the December 16, 1994 Loan and Security Agreement made between
The First National Bank of Boston, a national banking association with offices at 100 Federal Street, Boston, Massachusetts, as agent for the ratable benefit of the "LENDERS" being:
The First National Bank of Boston;
and
State Street Bank and Trust Company, a Massachusetts trust company with offices at 225 Franklin Street, Boston, Massachusetts 02110;
and
Citizens Bank of Massachusetts, a Massachusetts savings bank with offices at 55 Summer Street, Boston, Massachusetts 02110
and
ACT Manufacturing, Inc., a Massachusetts corporation with its principal executive offices at 108 Forest Avenue, Hudson, Massachusetts 01749
in consideration of the mutual covenants contained herein and benefits to be derived herefrom,
WITNESSETH:
O. AGREEMENT TO AMEND
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Provided each of those "Conditions to Amendment" set forth in Section 2, below, is satisfied on or before November 8, 1996, the Loan Agreement shall be amended, as set forth below, such amendment to take effect as of November 4, 1996.
1
SECTION 1-1 of the Loan Agreement (Section Preceding Section 1-1(a) is amended to read as follows:
The Lenders hereby severally (and not jointly) establish a revolving line of credit (hereinafter, the "REVOLVING CREDIT") in the Borrower's favor pursuant to which each Lender, subject to, and in accordance with, the within Agreement, and acting through the Agent, shall make loans and advances (each, a "REVOLVING CREDIT LOAN") to and for the account of the Borrower as provided herein, in each instance equal to that Lender's Commitment Percentage (defined below) of the Revolving Credit up to the maximum amount of that Lender's Commitment (defined below). The amount of the Revolving Credit shall be determined by the Agent by reference to Availability (as defined below), as determined by the Agent from time to time hereafter. All loans made by the Lenders under this Agreement, and all of the Borrower's other Liabilities (as defined below) to the Lenders under or pursuant to this Agreement, are payable as provided herein.
SECTION 1-1(D) of the Loan Agreement (Definition of "Loan Cap") is amended to read as follows:
"LOAN CAP": The following amount between the dates indicated Minus, in ...
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