EXHIBIT 10.2
FOURTH AMENDMENT TO CREDIT AGREEMENT
THIS
AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is
entered into as of July 1, 2009, by and between RIMAGE CORPORATION,
a Minnesota 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 March 29, 2004, 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
1.1 (a) is hereby amended by deleting “July 1, 2009” as
the last day on which Bank will make advances under the Line of
Credit, and by substituting for said date “July 1,
2010,” with such change to be effective upon the execution
and delivery to Bank of a promissory note dated as of July 1, 2009
(which promissory note shall replace and be deemed the Revolving
Line of Credit Note defined in and made pursuant to the Credit
Agreement) and all other contracts, instruments and documents
required by Bank to evidence such change.
2. Section
4.3 (c) is hereby deleted in its entirety, and the following
substituted therefor:
“(c) contemporaneously
with each annual and quarterly financial statement of Borrower
required hereby, a certificate of the president or chief financial
officer of Borrower that said financial statements are accurate and
that there exists no Event of Default nor any condition, act or
event which with the giving of notice or the passage of time or
both would constitute an Event of Default;”
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