Second Addendum to Revolving Credit Agreement and Note between National Research Corporation and U.S. Bank, N.A.
National Research Corporation and U.S. Bank, N.A. have agreed to amend their existing Revolving Credit Agreement and Note. This addendum changes the definition of the "Fixed Charge Coverage Ratio" for financial reporting, effective with the December 31, 2009 year-end financials. Until then, the original definition remains in effect. All other terms and covenants of the original agreement, including those related to Maintenance Capital Expenditures, continue unchanged.
THIS SECOND ADDENDUM is hereby made a part of the Revolving Credit Agreement and Note (the Agreement) made and entered into by the undersigned borrower (the Borrower) and the undersigned bank (the Bank) on July 31, 2008. The covenants and terms described below are hereby added for the purposes of amending the Agreement.
1. The meaning of Fixed Charge Coverage Ratio shall be amended to mean EBITDAR plus non-cash stock compensation expense minus cash taxes, cash dividends, treasury stock purchases and Maintenance Capital Expenditures divided by the sum of all required principal payments (on short and long-term debt and capital leases), interest and rental or lease expense.
2. The foregoing meaning of Fixed Charge Coverage Ratio shall become effective with the December 31, 2009, year-end financials. Until that date, the Fixed Charge Coverage Ratio as defined in the Agreement dated July 31, 2008, shall remain in full force and effect.
3. In all other respects, the warranties, covenants and other terms set out in the Agreement shall remain in full force and effect including, but not limited to, the covenant for Maintenance Capital Expenditures.
Dated as of this 19 day of December, 2008.
National Research Corporation, a | |
Wisconsin Corporation | |
By: /s/ Patrick E. Beans | |
Patrick E. Beans, CFO | |
AGREED TO: | |
U.S. Bank, N.A. | |
By: /s/ Elizabeth A. Morgan | |
Elizabeth A. Morgan, Vice President |