Third amendment to the Credit agreement by and between NAI and the Wells Fargo Bank N.A. effective as of September 30, 2017

EX-10.1 2 ex_96709.htm EXHIBIT 10.1 ex_96709.htm

Exhibit 10.1

 

 

THIRD AMENDMENT TO CREDIT AGREEMENT

 

THIS AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of September 29, 2017, by and between NATURAL ALTERNATIVES INTERNATIONAL, INC., a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").

 

RECITALS

 

WHEREAS, Borrower is currently indebted to Bank pursuant to the terms and conditions of that certain Credit Agreement between Borrower and Bank dated as of November 1, 2014, as amended from time to time ("Credit Agreement").

 

WHEREAS, Bank and Borrower have agreed to certain changes in the terms and conditions set forth in the Credit Agreement and have agreed to amend the Credit Agreement to reflect said changes.

 

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Credit Agreement shall be amended as follows:

   

1.     Section 5.7. is hereby deleted in its entirety, and the following substituted therefor:

 

 

"SECTION 5.7.     LOANS, ADVANCES, INVESTMENTS. Make any loans or advances to or investments in any person or entity, except (a) any of the foregoing existing as of, and disclosed to Bank prior to, the date hereof; and (b) additional loans, advances or investments in amounts not to exceed an aggregate of $1,500,000.00 at any time outstanding."

 

2.     Except as specifically provided herein, all terms and conditions of the Credit Agreement remain in full force and effect, without waiver or modification. All terms defined in the Credit Agreement shall have the same meaning when used in this Amendment. This Amendment and the Credit Agreement shall be read together, as one document.

 

3.     Borrower hereby remakes all representations and warranties contained in the Credit Agreement and reaffirms all covenants set forth therein. Borrower further certifies that as of the date of this Amendment there exists no Event of Default as defined in the Credit Agreement, nor any condition, act or event which with the giving of notice or the passage of time or both would constitute any such Event of Default.

 

 

-1-

 

     

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first written above.

 

 

 

NATURAL ALTERNATIVES INTERNATIONAL, INC.   WELLS FARGO BANK, NATIONAL ASSOCIATION  
           
           
By: /s/ Kenneth Wolf   By: /s/ Glenn Burton  
  KENNETH E. WOLF,     GLENN BURTON,  
  PRESIDENT     VICE PRESIDENT  
           
           
           
By: /s/ Michael Fortin        
  MICHAEL FORTIN,        
  CHIEF FINANCIAL OFFICER        

 

 

 

-2-