Exhibit 10.4
AMENDMENT TO
COMMERCIAL CREDIT AGREEMENT
THIS AMENDMENT TO COMMERCIAL CREDIT
AGREEMENT (this “ Agreement ”) is made as of the
day of April, 2009, by and
among:
(I)
TVI CORPORATION, a Maryland
corporation (“ TVI ”), CAPA MANUFACTURING CORP.,
a Maryland corporation (“ Capa ”), SAFETY TECH
INTERNATIONAL, INC., a Maryland corporation (“ Safety
Tech ”), and SIGNATURE SPECIAL EVENT SERVICES, INC., a
Maryland corporation, formerly named “TVI
Holdings One, Inc.” (“ Signature TVI
”), jointly and severally (each of TVI, Capa, Safety Tech,
and Signature TVI, is referred to in this Agreement individually as
a “ Debtor ” and collectively in this Agreement
as the “ Debtors ”); and
(II)
BB&T FINANCIAL, FSB, successor
to BB&T Bankcard Corporation (“ BB&T FSB
”).
RECITALS
A.
On or about November 9, 2006,
Signature TVI applied to BB&T FSB for a $100,000 credit line
(as such credit line was ultimately issued to Signature TVI, and as
the same may have been amended, increased, decreased or otherwise
modified, the “ Signature TVI Commercial Credit Line
#1 ”), pursuant to, among other things, a BB&T
Bankcard Corporation Commercial Card Application dated as of
November 9, 2006 from Signature TVI to BB&T FSB (as
amended, restated, modified, substituted, extended, and renewed
from time to time, the “ Signature TVI Commercial Credit
Application #1 ”). The Signature TVI Commercial
Credit Application #1, this Agreement and any other instrument,
agreement, application or document previously, simultaneously or
hereafter executed and delivered by Signature TVI, any guarantor
and/or any other person or entity, singly or jointly with another
person or entity, evidencing, securing, guarantying or in
connection with the Signature TVI Commercial Credit Application #1,
the Signature TVI Commercial Credit Line #1 and/or any credit
cards, credit card processing services, debit cards, purchase cards
related thereto, as the same may be amended, restated, substituted,
replace or otherwise modified from time to time, are collectively
referred to herein as the “ Signature TVI Commercial
Credit Agreement #1 ”. All present and future
indebtedness, duties, obligations, and liabilities, including,
without limitation, all obligations and liabilities relating to any
and all credit cards, credit card processing services, debit cards
and purchase cards related to the Signature TVI Commercial Credit
Line #1, whether now existing or contemplated or hereafter arising,
of Signature TVI, any guarantor and/or any other person or entity,
to BB&T FSB under or in connection with the Signature TVI
Commercial Credit Line #1 and/or the Signature TVI Commercial
Credit Agreement #1, regardless of whether such indebtedness,
duties, obligations, and liabilities be direct, indirect, primary,
secondary, joint, several, joint and several, fixed or contingent
are collectively referred to herein as the “ Signature TVI
Commercial Credit Agreement #1 Obligations ”.
B.
On or about November 9, 2006,
Signature TVI applied to BB&T FSB for a $250,000 credit line
(as such credit line was ultimately issued to Signature TVI, and as
the same may have
been amended, increased, decreased or otherwise
modified, the “ Signature TVI Commercial Credit Line
#2 ”), pursuant to, among other things, a BB&T
Bankcard Corporation Commercial Card Application dated as of
November 9, 2006 from Signature TVI to BB&T FSB (as
amended, restated, modified, substituted, extended, and renewed
from time to time, the “ Signature TVI Commercial Credit
Application #2 ”). The Signature TVI Commercial
Credit Application #2, this Agreement and any other instrument,
agreement, application or document previously, simultaneously or
hereafter executed and delivered by Signature TVI, any guarantor
and/or any other person or entity, singly or jointly with another
person or entity, evidencing, securing, guarantying or in
connection with the Signature TVI Commercial Credit Application #2,
the Signature TVI Commercial Credit Line #2 and/or any credit
cards, credit card processing services, debit cards, purchase cards
related thereto, as the same may be amended, restated, substituted,
replace or otherwise modified from time to time, are collectively
referred to herein as the “ Signature TVI Commercial
Credit Agreement #2 ”. All present and future
indebtedness, duties, obligations, and liabilities, including,
without limitation, all obligations and liabilities relating to any
and all credit cards, credit card processing services, debit cards
and purchase cards related to the Signature TVI Commercial Credit
Line #2, whether now existing or contemplated or hereafter arising,
of Signature TVI, any guarantor and/or any other person or entity,
to BB&T FSB under or in connection with the Signature TVI
Commercial Credit Line #2 and/or the Signature TVI Commercial
Credit Agreement #2, regardless of whether such indebtedness,
duties, obligations, and liabilities be direct, indirect, primary,
secondary, joint, several, joint and several, fixed or contingent
are collectively referred to herein as the “ Signature TVI
Commercial Credit Agreement #2 Obligations ”.
C.
On or about November 9, 2006,
TVI applied to BB&T FSB for a $150,000 credit line (as such
credit line was ultimately issued to TVI, and as the same may have
been amended, increased, decreased or otherwise modified, the
“ TVI Commercial Credit Line #1 ”), pursuant to,
among other things, a BB&T Bankcard Corporation Commercial Card
Application dated as of November 9, 2006 from TVI to BB&T
FSB (as amended, restated, modified, substituted, extended, and
renewed from time to time, the “ TVI Commercial Credit
Application #1 ”). The TVI Commercial Credit
Application #1, this Agreement and any other instrument, agreement,
application or document previously, simultaneously or hereafter
executed and delivered by TVI, any guarantor and/or any other
person or entity, singly or jointly with another person or entity,
evidencing, securing, guarantying or in connection with the TVI
Commercial Credit Application #1, the TVI Commercial Credit Line #1
and/or any credit cards, credit card processing services, debit
cards, purchase cards related thereto, as the same may be amended,
restated, substituted, replace or otherwise modified from time to
time, are collectively referred to herein as the “ TVI
Commercial Credit Agreement #1 ”. All present and
future indebtedness, duties, obligations, and liabilities,
including, without limitation, all obligations and liabilities
relating to any and all credit cards, credit card processing
services, debit cards and purchase cards related to the TVI
Commercial Credit Line #1, whether now existing or contemplated or
hereafter arising, of TVI, any guarantor and/or any other person or
entity, to BB&T FSB under or in connection with the TVI
Commercial Credit Line #1 and/or the TVI Commercial Credit
Agreement #1, regardless of whether such indebtedness, duties,
obligations, and liabilities be direct, indirect, primary,
secondary, joint, several, joint and several, fixed or contingent
are collectively referred to herein as the “ TVI
Commercial Credit Agreement #1 Obligations ”.
2
D.
On or about November 9, 2006,
TVI applied to BB&T FSB for a $250,000 credit line (as such
credit line was ultimately issued to TVI, and as the same may have
been amended, increased, decreased or otherwise modified, the
“ TVI Commercial Credit Line #2 ”), pursuant to,
among other things, a BB&T Bankcard Corporation Commercial Card
Application dated as of November 9, 2006 from TVI to BB&T
FSB (as amended, restated, modified, substituted, extended, and
renewed from time to time, the “ TVI Commercial Credit
Application #2 ”). The TVI Commercial Credit
Application #2, this Agreement and any other instrument, agreement,
application or document previously, simultaneously or hereafter
executed and delivered by TVI, any guarantor and/or any other
person or entity, singly or jointly with another person or entity,
evidencing, securing, guarantying or in connection with the TVI
Commercial Credit Application #2, the TVI Commercial Credit Line #2
and/or any credit cards, credit card processing services, debit
cards, purchase cards related thereto, as the same may be amended,
restated, substituted, replace or otherwise modified from time to
time, are collectively referred to herein as the “ TVI
Commercial Credit Agreement #2 ”. All present and
future indebtedness, duties, obligations, and liabilities,
including, without limitation, all obligations and
liabilities
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