Amendment and Waiver Letter to Loan Agreement between Chyron Corporation and AmSouth Bank (May 9, 2000)
Chyron Corporation and AmSouth Bank have agreed to amend their existing Loan Agreement dated March 29, 1999. The amendment changes the minimum quarterly EBITDA requirement for the first quarter of 2000 and confirms that all other financial testing remains unchanged. The Bank also waives its rights regarding Chyron's default on the EBITDA covenant for the quarter ending March 2000. This letter does not waive any future defaults or the Bank's rights in such events. Both parties have acknowledged and agreed to these terms by signing the letter.
May 9, 2000
Dawn R. Johnston
Chief Financial Officer
Chyron Corporation
5 Hub Drive
Melville, New York 11747
Dear Ms. Johnston:
Reference is made to the Loan Agreement dated March 29, 1999, among Chyron Corporation ("Chyron") and AmSouth Bank (the "Bank"). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Loan Agreement.
(I) The Bank has agreed to amend the provisions of Section 6.1(a) of the Loan Agreement as follows;
Period Minimum Quarterly EBITDA
Q1 2000 ($245,000)
All other testing thereafter will remain in effect per the Credit Agreement.
(II) The Bank has agreed to waive its rights with respect to the FQE March 2000 EBITDA Covenant defaults.
This will confirm the Bank's consent to the terms and conditions as set forth above. Nothing in this letter shall constitute a waiver of any future Default or Event of Default under the Agreement (including any default in payment of principal resulting from restrictions on availability of Revolving Credit Loans) or a waiver of any right or remedy the Bank may have with respect to any such future Default or Event of Default.
If the foregoing is in accordance with your understanding of our agreement please so indicate by executing this letter in the space provided below and returning a copy to the Agent.
Very truly yours, |
AMSOUTH BANK |
By: /s/ Barry S. Renow |
Barry S. Renow |
Its: Attorney-In-Fact |
Acknowledged and Agreed: |
CHYRON CORPORATION |
By: /s/ Dawn Johnston |
Dawn Johnston |
Its: CFO |