Exhibit 10.1
FOURTH AMENDMENT TO
AMENDED AND RESTATED LOAN
AGREEMENT
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT, dated
as of July 15, 2009 (this " Amendment "), is made by
and among Keltic Financial Partners II, LP, successor-in-interest
to Keltic Financial Partners, LP, a Delaware limited partnership ("
Keltic "), and Bridge Healthcare Finance, LLC, a
Delaware limited liability company (" Bridge ", and
together with Keltic, individually and collectively, "
Lender "), and Hudson Technologies Company, a
Tennessee corporation (" Borrower ").
WITNESSETH
WHEREAS , Borrower and
Keltic are parties to that certain Amended and Restated Loan
Agreement, dated as of June 26, 2007 (as it may be amended,
restated, modified or supplemented from time to time, the "
Loan Agreement "; capitalized terms used but not
otherwise defined herein shall have the meanings ascribed thereto
in the Loan Agreement);
WHEREAS , Borrower and Lender have previously agreed to a
temporary increase in the Maximum Facility to $17,000,000, which
temporary increase shall expire on July 15, 2009;
WHEREAS , Borrower has requested that Lender agree to extend
the previous temporary increase from July 15, 2009, until September
15, 2009, and Lender is willing to do so subject to the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the premises, the
covenants and agreements contained herein, and for other good and
valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties do hereby agree as
follows:
STATEMENT OF TERMS
1.
Amendment. From
the effective date of this Amendment through September 15, 2009,
the Maximum Facility shall be increased by $2,000,000 to
$17,000,000. The increase shall continue to be funded by Bridge.
Effective as of the close of business on September 15, 2009, such
temporary increase shall be null and void, and the Maximum Facility
shall be as set forth in that Second Amendment to Amended and
Restated Loan Agreement dated April 17, 2008 among Borrower, Keltic
and Bridge.
2.
Representations and Warranties . To induce Lender to
enter into this Amendment, Borrower hereby represents and warrants
to Lender as follows: (a) each representation and warranty set
forth in the Loan Agreement is true and correct on and as of the
date hereof ; (b) no Default or Event of Default has occurred and
is continuing as of this date under the Loan Agreement or the other
Loan Documents (c) Borrower has the power and is duly authorized to
enter into, deliver and perform this Amendment and to perform its
obligations under the Loan Agreement, as amended hereby; (d) each
of this Amendment and the Loan Agreement, as amended hereby,
constitutes the legal, valid and binding obligation of Borrower
enforceable against it in accordance with its terms; and (e) that
since June 26, 2007 there have been no liens, encumbrances,
security interests or claims filed against or created in Borrower's
owned property located at Champaign, Illinois.
3.
Conditions Precedent to Effectiveness of this
Amendment . The effectiveness of this Amendment is subject
to the fulfillment of the following conditions precedent, each as
determined by each Lender:
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