EXHIBIT 10.17
SIXTH AMENDMENT TO CREDIT AGREEMENT
THIS SIXTH AMENDMENT (the "Amendment") dated as of July 31, 2002 is to
that certain Credit Agreement dated as of August 29, 1998 (as previously amended
and modified and as may be subsequently amended and modified from time to time,
the "Credit Agreement"), by and among TUFCO, L.P., a Delaware limited
partnership (the "Borrower"), TUFCO TECHNOLOGIES, INC., a Delaware corporation
(the "Parent"), the other guarantors defined therein, the several banks and
other financial institutions identified therein (the "Lenders") and WACHOVIA
BANK, NATIONAL ASSOCIATION, formerly known as First Union National Bank, as
agent for the Lenders thereunder (in such capacity, the "Agent"). Terms used but
not otherwise defined herein shall have the meanings provided in the Credit
Agreement.
WITNESSETH:
WHEREAS, the Lenders have established a credit facility for the benefit
of the Borrower pursuant to the terms of the Credit Agreement;
WHEREAS, the Borrower has requested that the Required Banks amend the
Credit Agreement; and
WHEREAS, the Required Banks have agreed to the requested amendment on
the terms and conditions hereinafter set forth;
NOW, THEREFORE, IN CONSIDERATION of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
A. The Credit Agreement is amended in the following respect:
The definition of "Revolving Termination Date" in Section 1.1 of the
Credit Agreement is hereby amended by deleting the reference to "August
1, 2002" and replacing it with "August 31, 2002".
B. Except as modified hereby, all of the terms and provisions of the
Credit Agreement (and Exhibits) remain in full force and effect.
C. This Amendment shall become effective as of the date hereof upon
receipt by the Agent of counterparts of this Amendment, executed by a duly
authorized officer of each party hereto.
D. The Borrower agrees to pay all reasonable costs and expenses in
connection with the preparation, execution and delivery of this Amendment,
including without limitation, the reasonable fees and expenses of Agent's legal
counsel.
E. This Amendment may be executed in any number of counterparts, each
of which when so executed and delivered shall be deemed an original and it shall
not be necessary in making proof of this Amendment to produce or account for
more than one such counterpart.
F. This Amendment and the Credit Agreement, as amended hereby, shall be
deemed to be contracts made under, and for all purposes shall be construed in
accordance with the laws of the State of North Carolina.
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TUFCO, L.P.
SIXTH AMENDMENT TO CREDIT AGREEMENT
IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart
of this Amendment to be duly executed and delivered as of the date and year
first above written.
BORROWER: TUFCO, L.P.,
By: Tufco Tech, Inc.
its Managing General Partner
By:
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Name: Drew W. Cook
Title: CAO/Corporate Controller
PARENT: TUFCO TECHNOLOGIES, INC.,
By:
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Name: Drew W. Cook
Title: CAO/Corporate Controller
OTHER
GUARANTORS: TECHNOLOGIES I, INC.
By:
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Name: Kathy Manos
Title: President
TUFCO, INC.
By:
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Name: Kathy Manos
Title: President
TFCO, INC.
By:
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Name: Kathy Manos
Title: President
TUFCO, L.P.
SIXTH AMENDMENT TO CREDIT AGREEMENT
FOREMOST MANUFACTURING COMPANY INC.
By:
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Name: Drew W. Cook
Title: CAO/Corporate Controller
TUFCO TECH, INC.
By:
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Name: Drew W. Cook
Title: CAO/Corporate Controller
TUFCO, L.P.
SIXTH AMENDMENT TO CREDIT AGREEMENT
AGENTS AND LENDERS: WACHOVIA BANK, NATIONAL ASSOCIATION,
formerly known as FIRST UNION NATIONAL BANK,
as Administrative Agent and as a Lender
By:
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Name:
Title:
TUFCO, L.P.
SIXTH AMENDMENT TO CREDIT AGREEMENT
JP MORGAN CHASE BANK
By:
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Name:
Title: