Amendment to Revolving Credit Agreement between Bank of Scotland plc and FirstCity Financial Corporation (October 1, 2007)
This letter agreement, dated October 1, 2007, is between Bank of Scotland plc (as agent for the lenders) and FirstCity Financial Corporation. It amends the existing Revolving Credit Agreement by changing a specific date in Section 9.19 to October 31, 2007. All other terms of the original agreement remain unchanged. The amendment is governed by New York law and does not obligate the parties to agree to further amendments. Both parties have signed to confirm the change.
EXHIBIT 10.2
BANK OF SCOTLAND
NEW YORK BRANCH
565 Fifth Avenue
New York, New York 10017
October 1, 2007
FirstCity Financial Corporation
6400 Imperial Drive
Waco, Texas 76712
Gentlemen:
We refer to Amendment No.10 and Consent to Revolving Credit Agreement dated as of August 22, 2007 (the Amendment) among FirstCity Financial Corporation (the Borrower), the financial institutions which are parties to the Agreement hereinafter referred to (the Lenders) and Bank of Scotland, as agent (the Agent), for the Lenders under the Revolving Credit Agreement dated as of November 12, 2004, among the Borrower, the Lenders and the Agent (as amended to date, the Agreement).
The Agent and the Borrower hereby agree and confirm that the date in Section 9.19 of the Agreement is amended to be October 31, 2007.
Except as expressly amended hereby, the Agreement remains in full force and effect in accordance with its terms.
Please sign below to confirm the terms of this letter, which may be executed in counterparts, which when taken together shall constitute one and the same instrument. This letter shall be governed by, and construed in accordance with, the laws of the State of New York without reference to choice of law doctrine that would result in the application of the laws of another jurisdiction. The execution and delivery of this letter shall not obligate the Agent to agree to any further amendments, waivers or consents.
On and after September 17, 2007, the appointed day for the registration of the Bank of Scotland as a public limited company under the United Kingdom Companies Act 1985, all references in this document to the Bank of Scotland however expressed shall be deemed to be references to Bank of Scotland plc. Bank of Scotland plc is registered in Scotland and has its registered office at The Mound, Edinburgh EHI 1YZ.
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| Very truly yours, | |||
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| BANK OF SCOTLAND plc, New York Branch | ||
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| By: |
| /s/ Joseph Fratus |
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| Name: |
| Joseph Fratus |
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| Title: |
| First Vice President |
AGREED: |
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FIRSTCITY FINANCIAL CORPORATION |
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By: |
| /s/ James C. Holmes |
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Name: |
| James C. Holmes |
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Title: |
| Senior Vice President |
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