Memorandum of Amendment to Overdraft and Special Agreement – Calgon Carbon Japan KK, Calgon Carbon Corporation, and Bank of Tokyo-Mitsubishi UFJ
Calgon Carbon Japan KK and Calgon Carbon Corporation have agreed with the Bank of Tokyo-Mitsubishi UFJ to amend certain terms of their existing overdraft and special agreements. The amendment changes how the value of security provided to the bank is calculated, specifically by deducting a certain loan balance when determining if the security covers the debt. All other terms of the original agreements remain unchanged.
Exhibit 10.1
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Memorandum of Amendment
Date May 20, 2013
To: Bank of Tokyo-Mitsubishi UFJ
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| Our company (borrower) | |
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| Address | Central Building 8F |
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| Kayobashi 1-1-5, Chuo-Ku |
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| Tokyo 104-0031 Japan |
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| Name | Calgon Carbon Japan KK |
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| /s/ Natsuo Watase, President |
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| Third Party Mortgagor 400 Calgon Carbon Drive | |
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| Address | Pittsburgh, PA 15205 USA |
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| Calgon Carbon Corporation |
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| Name | /s/ Stevan R. Schott, Senior Vice |
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| President & Chief Financial Officer |
This company and third party mortgagor confirm that as of the agreement date of this memorandum, the items defined in the agreement of overdraft (exclusive account) (including subsequent amendments to the agreement. hereinafter “Original Agreement B”) dated March 31, 2010, and Special Agreement dated March 31, 2012 (including subsequent amendments to the agreement. hereinafter “Original Special Agreement”) provided to Bank of Tokyo-Mitsubishi UFJ (hereinafter your bank”), will be amended to the following. The terms used in this memorandum have the same meaning as the terms as defined in the original Agreement and/or original Special Agreement. Any items not mentioned in this memorandum will follow the original Agreement and/or Special Agreement.
Article 1 (Partial Amendment of Supplementary Provisions of Original Special Agreement) The “conditions” defined separately in the Supplementary Provisions of the original Contract will be amended as follows.
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| (4) The total book value balance of qualified stock book value and qualified claims book value of the security provided to your bank will be maintained at an amount of at least the debt balance based on original Agreement A and original Agreement B. |
| (4)The total book value balance of qualified stock book value and qualified claims book value of the security provided to your bank, less the balance of the loan on deed defined in the Special Agreement dated March 29, 2012 with the final day of the previous month as the basis date, will be maintained at an amount of at least the debt balance based on Original Agreement B. |
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| For Bank Use |
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| (Document Code: 59900) | Signature/ |
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