Item 5. Other Events.On June 30, 2004, the Registrant, Fleet Capital Corporation (“Fleet”) and the other financial institutions party to Credit Agreement (as defined below) as lenders (collectively, the “Lenders”) and Fleet, as Administrative Agent for the Lenders with respect to the Credit Agreement dated as of November 9, 2001 by and among the Company, the Lenders and the Administrative Agent, as amended by that certain First Amendment Agreement dated as of March 19, 2002 and that certain Second Amendment Agreement dated as of July 19, 2002 and that certain Third Amendment Agreement dated as of March 5, 2003 and that certain Fourth Amendment dated as of May 16, 2003 and that certain Fifth Amendment dated as of May 7, 2004 (as amended, the “Credit Agreement”) entered into a Sixth Amendment Agreement effective as of June 1, 2004 (the “Sixth Amendment”). The Sixth Amendment (i) reduces the Applicable Margin (as defined in the Credit Agreement) for Term B Facility Loans by 100 basis points from 225 to 125 for LIBOR loans and from 125 to 25 for ABR loans; (ii) designates JPMorgan Chase Bank Documentation Agent; and (iii) amends the definition of Eligible Inventory to exclude Inventory that is located at leased properties or warehouses for which Landlord’s Consents, as defined in the Credit Agreement, have not been secured only if valued in excess of $5,000,000 at a specific leased property or warehouse or in excess of $15,000,000 in aggregate. A copy of the Sixth Amendment is filed herewith as Exhibit 10.31. Item 7(c). Exhibits. |