First Amendment to Deed of Trust, Assignment of Rent & Security Agreement among Day International, Inc., Joseph M. Ritter (Trustee), and Societe Generale (Administrative Agent)

Summary

This amendment updates a previous Deed of Trust, Assignment of Rent, and Security Agreement between Day International, Inc. (the grantor), Joseph M. Ritter (trustee), and Societe Generale (as administrative agent for lenders). The changes include updating the property address and revising references to the underlying credit agreement to reflect an amended and restated version. The amendment ensures the security agreement covers an increased principal amount and a new maturity date. All parties have agreed to these modifications as of October 19, 1999.

EX-10.6.1 12 l03123aexv10w6w1.txt EXHIBIT 10.6.1 EXHIBIT 10.6.1 [North Carolina] FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENT & SECURITY AGREEMENT between DAY INTERNATIONAL, INC., Grantor, JOSEPH M. RITTER, Trustee and SOCIETE GENERALE, as Administrative Agent, Beneficiary DATED AS OF OCTOBER 19, 1999 AFTER RECORDING, PLEASE RETURN TO: Dennis D. Kiely, Esq. SIMPSON THACHER & BARTLETT (a partnership which includes professional corporations) 425 Lexington Avenue New York, New York 10017 FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENT & SECURITY AGREEMENT THIS FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENT & SECURITY AGREEMENT, dated as of October 19, 1999, is made between DAY INTERNATIONAL, INC., a Delaware corporation ("GRANTOR"), whose address is c/o Day International Group, Inc., 130 West Second Street, Dayton, OH 45402, JOSEPH M. RITTER ("TRUSTEE") whose address is c/o First American Title Insurance Company, 100 North Greene Street, Greensboro, North Carolina 27420 and SOCIETE GENERALE, whose address is 1221 Avenue of the Americas, New York, New York 10020, as Administrative Agent (in such capacity, "BENEFICIARY") for the several banks and other financial institutions (the "LENDERS") from time to time parties to the Amended and Restated Senior Secured Credit Agreement dated as of October 19, 1999, (as the same may be amended, supplemented, waived or otherwise modified from time to time the "CREDIT AGREEMENT") among SG Cowen Securities Corporation, as Arranger, Beneficiary, the Lenders, and Day International Group, Inc. ("the BORROWER"). References to this Mortgage shall mean this instrument and any and all renewals, modifications, amendments, supplements, extensions, consolidations, substitutions, spreaders and replacements of this instrument. References to this "AMENDMENT" shall mean this instrument. Capitalized terms used and not otherwise defined herein shall have the meanings assigned thereto in the Credit Agreement. WITNESSETH WHEREAS, the Grantor and Beneficiary have agreed to modify that Deed of Trust, Assignment of Rent & Security Agreement dated as of January 16, 1998, recorded in the Buncombe County Recorder's Office in Deed Book 1899, Page 762 on January 20, 1998 (the "MORTGAGE") so that it will (i) secure, among other things, an increase in the principal amount of the Indebtedness secured under any contingency by that instrument and (ii) reflect the new Maturity Date; NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, Trustee and Beneficiary hereby agree as follows: 1. The Deed of Trust is amended by deleting the reference in the opening paragraph to "333 West First Street, Dayton, Ohio 45401" and substituting the following therefore: "130 West Second Street, Dayton, OH 45402". 2. The Deed of Trust is amended by deleting the reference in the opening paragraph to "the Senior Secured Credit Agreement dated as January 16, 1998 (as the same may be amended, supplemented, waived or otherwise modified from time to time the "CREDIT AGREEMENT") among Societe Generale Securities Corporation, as Arranger, Beneficiary, the 2 Lenders, and Day International Group, Inc. ("the BORROWER")" and substituting the following therefor: "the Senior Secured Credit Agreement dated as of January 15, 1998 among Societe Generale Securities Corporation, as Arranger, Beneficiary, the Lenders, and Day International Group, Inc. ("the BORROWER"), as amended and restated pursuant to the Amended and Restated Senior Secured Credit Agreement dated as of October 19, 1999 among SG Cowen Securities Corporation (successor in interest to Societe Generale Securities Corporation), as Arranger, Beneficiary, the Lenders, and the Borrower (as the same may be further amended, supplemented, waived or otherwise modified from time to time the "CREDIT AGREEMENT")." This Amendment has been duly executed by the undersigned on the date first above written. DAY INTERNATIONAL, INC. By: /s/ Dennis R. Wolters --------------------------------------- Name: Dennis R. Wolters Title: President ATTEST: By: /s/ David B. Freimuth ------------------------ Name: David B. Freimuth Title: Vice President JOSEPH M. RITTER, solely in his capacity as Trustee ___________________________________________ ATTEST: By: ________________________ Name: Title: SOCIETE GENERALE By: /s/ [ILLEGIBLE] --------------------------------------- Name: [ILLEGIBLE] Title: Director ATTEST: By: /s/ [ILLEGIBLE] ------------------------ Name: [ILLEGIBLE] Title: Agent