Requirement By Bank
EXHIBIT 10.19
[United National Bank letterhead]
March 18, 2004
Mr. Steve Gillings, Chief Financial Officer
I/OMagic Corporation
4 Marconi
Irvine, CA 92618
Re: Approval for Waiver for a Financial Covenant by United National Bank
Dear Mr. Gillings,
As indicated on Business Loan Agreement, one of the financial covenants required by United National Bank is that Borrower has to be profitable for twelve months ended 12/31/03. Based on the financial statement as of 12/31/2003 provided by I/OMagic Corporation, your company has complied with all financial covenants except for the profitability covenant listed as follows:
Requirement By Bank | Year End 12/31/03 | Compliance | ||||
1) Tangible net worth | No lower than $10.5MM | $11.6MM | Yes | |||
2) Debt to Net Worth ratio | Not to exceed 2.0X | 1.45X | Yes | |||
3) Current ratio | No lower than 1.25X | 1.46X | Yes | |||
4) Quick ratio | No lower than 1.0X | 1.04X | Yes | |||
5) Borrower has to be profitable in FYE 12/31/2003 | Yes | No | No | |||
Net loss is $265M in FYE 12/31/03. |
Therefore, effective as of 12/31/2003, United National Banks Loan Committee has amended the financial covenant requiring profitability at 12/31/2003, as indicated on item # 5) of the above table, to read as follows, Borrower has to be profitable for twelve months ended 12/31/2004. With this amendment to the Business Loan Agreement effective as of 12/31/2003, I/OMagic Corporation is not in violation of the financial covenants in FYE 12/31/2003. Next covenant test on the requirement of the companys profitability will be conducted at year end 2004.
Should you have any questions, please feel free to call the undersigned at ###-###-####.
Sincerely, |
/s/ Paul Liaw |
Paul Liaw Vice President & Manager International Department United National Bank |
Acknowledged by I/OMagic Corporation: | ||||||||
/s/ Tony Shahbaz | 3/26/04 | |||||||
Tony Shahbaz President & CEO | Date | |||||||
/s/ Steve Gillings | 3/26/04 | |||||||
Steve Gillings CFO | Date |
CC: | Donald Volkman, Senior Vice President & Loan Administrator |
Loan Administration Department