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Exhibit 4.13
January 28, 1999
Intermet Corporation
5445 Corporate Drive
Suite 200
Troy, MI 48098
Ladies and Gentlemen:
We refer to that certain Third Amended and Restated Credit Agreement, dated as
of November 14, 1996 (as amended or modified from time, the "Credit Agreement"),
among Intermet Corporation ("Intermet"), the lenders from time to time parties
thereto (the "Lenders"), SunTrust Bank, Atlanta as Agent, and NBD Bank and First
Union National Bank (formerly First Union National Bank of North Carolina) as
Co-Agents. Capitalized terms used herein and not defined herein have the
meanings assigned to them in the Credit Agreement.
As you have requested, we hereby amend the definition of "Maturity Date" set
forth in Section 1.01 of the Credit Agreement by replacing such definition in
its entirety with the following:
"Maturity Date" shall mean the earlier of (i) January 1, 2000, and (ii) the date
on which all amounts outstanding under this Agreement have been declared or have
automatically become due and payable pursuant to the provisions of Article VIII.
The extension of the Maturity Date pursuant hereto is a renewal and amendment of
the Commitments previously outstanding under Credit Agreement and shall not be
deemed to be a novation with respect thereto.
Except as expressly set forth herein, this letter agreement shall not be deemed
to waive, amend or modify any other provision of the Credit Documents or any
other agreement between you and us, and shall not serve as a consent, waiver or
amendment to any other matter prohibited by the terms and conditions of the
Credit Documents.
THIS LETTER AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN
ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA (WITHOUT GIVING EFFECT TO THE
CONFLICT OF LAW PRINCIPLES THEREOF).
This letter agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and
the same document.
Please countersign below to evidence your consent to the foregoing amendment and
your acknowledgment and agreement that Obligations, including without
limitation, all Loans and Letter of Credit Obligations, remain secured by the
Security Documents after giving effect to this amendment. Please have the
Guarantors countersign below to evidence their consent to Intermet agreeing to
this amendment and to reaffirm, acknowledge and agree that all Obligations,
including without limitation, all Loans and Letter of Credit Obligations, remain
guaranteed by the Guarantors jointly and severally pursuant to the terms of the
Guaranty Agreement and remain secured by the Security Documents after giving
effect to this amendment.
Very truly yours,
SUNTRUST BANK, ATLANTA,
Individually and as Agent
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By: /s/ Shelley M. Browne By: /s/ Charles C. Pick
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Name: Shelley M. Browne Name: Charles C. Pick
Title: Vice President Title: Vice President
NBD BANK, individually and as Co-Agent
By: /s/ William C. Goodhue
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Name: William C. Goodhue
Title: First Vice President
FIRST UNION NATIONAL BANK, formerly First Union National Bank of North Carolina,
individually and as Co-Agent
By: /s/ Kent Davis
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Name: Kent Davis
Title: V.P.
COMERICA BANK
By: /s/ Mark A. Reifel
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Name: Mark A. Reifel
Title: V.P.
ABN AMRO BANK N.V.
By: /s/ John J. Mack By: /s/ John M. Ellenwood
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Name: John J. Mack Name: John M. Ellenwood
Title: Vice President Title: Group Vice President
THE BANK OF NOVA SCOTIA
By: /s/ F.C.H. Ashby
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Name: F.C.H. Ashby
Title: Senior Manager
Loan Operation
HARRIS TRUST AND SAVINGS BANK
By: /s/ Kirby M. Law
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Name: Kirby M. Law
Title: Vice President
LANDESBANK SAAR GIROZENTRALE
By: /s/ Thinnes Manfred By: /s/ Humburg Frank
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Name: Thinnes Manfred Name: Humburg Frank
Title: Head of Department Title: Area Manager
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INTERMET INTERNATIONAL, INC.
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer
ALEXANDER CITY CASTINGS COMPANY, INC.
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer
NEW RIVER CASTINGS COMPANY
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer
We consent to the foregoing amendment to the definition of Maturity Date and
acknowledge and agree that all Obligations, including without limitation, all
Loans and Letter of Credit Obligations, remain secured by the Security Documents
after giving effect to such amendment.
INTERMET CORPORATION
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer
We consent to Intermet agreeing to the foregoing amendment to the definition of
Maturity Date and reaffirm, acknowledge and agree that all Obligations,
including without limitation, all Loans and Letter of Credit Obligations, remain
guaranteed by us jointly and severally pursuant to the terms of the Guaranty
Agreement and remain secured by the Security Documents after giving effect to
such amendment.
LYNCHBURG FOUNDRY COMPANY
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer
IRONTON IRON, INC.
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer
NORTHERN CASTINGS CORPORATION
By: /s/ M. Skrzypczak
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Name: Michael Skrzypczak
Title: Asst. Treasurer