Comerica Bank and WJ Communications, Inc. Credit Facility Maturity Extension Agreement (December 2006)
Comerica Bank and WJ Communications, Inc. have agreed to extend the maturity date of an existing credit facility from December 21, 2006 to January 21, 2007. This amendment confirms that all other terms of the original agreement remain unchanged and in effect. WJ Communications, Inc. reaffirms its obligations and confirms that all representations and warranties are still true, and that there are no current defaults under the agreement.
Exhibit 10.1
December 27, 2006
Greg Miller
Chief Financial Officer
WJ Communications, Inc.
401 River Oaks Parkway
San Jose, CA 95134
408 ###-###-####
RE: WJ Communications, Inc (Borrower)
Obligor Number ###-###-####
30-day extension
Dear Mr. Miller:
Comerica Bank (the Bank) has approved the extension of the maturity date of the above referenced credit facility as evidenced by that certain note/agreement, dated December 22, 2005 (as such may be amended, restated, modified, supplemented or revised from time to time, the Agreement) from December 21, 2006 to January 21, 2007. Upon your execution of a counterpart of this letter, the maturity date shall be so amended.
The Agreement, as modified and amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this modification and amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Bank under the Agreement, as in effect prior to the date hereof. Borrower ratifies and reaffirms the continuing effectiveness of all promissory notes, guaranties, security agreements, mortgages, deeds of trust, environmental agreements, and all other instruments, documents and agreements entered into in connection with the Agreement.
By execution of a counterpart of this letter, Borrower further represents and warrants that the representations and warranties contained in the Agreement are true and correct as of the date hereof, and that no event of default has occurred and is continuing under the Agreement or any other document, instrument or agreement entered into in connection therewith.
Sincerely,
Comerica Bank
By: | /s/ Guy Simpson |
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Guy Simpson | ||
Vice President |
Acknowledged and accepted on December 31, 2006 | ||
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WJ Communications, Inc. | ||
By: | /s/ R. Gregory Miller |
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R. Gregory Miller | ||
Chief Financial Officer |