4.3(c) - Amendment to Credit Agreement
SECOND AMENDMENT TO CREDIT AGREEMENT
THIS
SECOND AMENDMENT TO CREDIT AGREEMENT (this “ Amendment
”), dated as of February 27, 2008 is by and among
HOOKER FURNITURE CORPORATION, a Virginia corporation (the
“ Borrower
”), THE PERSONS IDENTIFIED AS THE LENDERS ON THE
SIGNATURE PAGES HERETO (the “ Lenders
”), and BANK OF AMERICA, N.A., as Agent for the Lenders
(the “ Agent
”).
W I T N E S S E T H:
WHEREAS,
pursuant to that certain Credit Agreement dated as of April
30, 2003, as amended by that certain First Amendment to Credit
Agreement dated as of February 18, 2005 and as further amended
from time to time (the “ Existing Credit
Agreement ”) among the Borrower, the Lenders and
the Agent, the Lenders have extended commitments to make
certain credit facilities available to the
Borrower;
WHEREAS, the Borrower has
requested that the Lenders make certain amendments to the
Existing Credit Agreement; and
WHEREAS, the Lenders have
agreed to do so, as more fully set forth below, but only on
the terms and conditions set forth herein.
NOW,
THEREFORE, in consideration of the agreements herein contained
and other good and valuable consideration, the parties hereby
agree as follows:
PART
I
DEFINITIONS
SUBPART
1.1. Certain
Definitions . Unless otherwise defined
herein or the context otherwise requires, the following terms
used in this Amendment, including its preamble and recitals,
have the following meanings:
“
Amended Credit
Agreement ” means the Existing Credit Agreement
as amended hereby.
“
Second Amendment
Effective Date ” shall have the meaning set forth
in Subpart 3.1
.
SUBPART
1.2. Other
Definitions . Unless otherwise defined
herein or the context otherwise requires, terms used in this
Amendment, including its preamble and recitals, have the
meanings provided in the Amended Credit
Agreement.
PART
II
AMENDMENTS
TO EXISTING CREDIT AGREEMENT
SUBPART
2.1. Amendment to
Section 1.1 . Effective on (and subject to
the occurrence of) the Second Amendment Effective Date, the
definition of “Revolving Loan Maturity Date”, in
Section 1.1 of the Existing Credit Agreement is hereby amended
in its entirety to read as follows:
“
Revolving Loan
Maturity Date ” means March 1, 2011.
SUBPART
2.2. Amendment to
Schedule 2.01 . Effective on (and subject to
the occurrence of) the Second Amendment Effective Date,
Schedule 2.01 of the Existing Credit Agreement is hereby
amended to read as provided on Schedule 2.01 attached
hereto.
PART
III
CONDITIONS
TO EFFECTIVENESS
SUBPART
3.1. Second Amendment
Effective Date . This Amendment shall be and
become effective as of the date hereof when all of the
conditions set forth in this Part III
shall have been satisfied (the “ Second Amendment
Effective Date ”), and thereafter this Amendment
shall be known, and may be referred to, as the “
Second
Amendment. ”
SUBPART
3.2. Execution of
Counterparts of Amendment . The Agent shall
have received counterparts of this Amendment, which
collectively shall have been duly executed on behalf of the
Borrower, the Agent and the Lenders.
SUBPART
3.3. Fees and
Expenses . The Borrower shall have paid all
reasonable fees and expenses of the Agent and the Lenders in
connection with this Amendment and the extensions of credit
hereunder.
PART
IV
MISCELLANEOUS
SUBPART
4.1. Cross-References
. Reference
