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Exhibit 10.1
SIXTH
AMENDMENT TO
SECOND
AMENDED AND RESTATED CREDIT AGREEMENT
THIS
SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT
AGREEMENT (this " Sixth
Amendment "), executed this 22nd day of April,
2008, is by and between BIRNER DENTAL MANAGEMENT
SERVICES, INC. , a Colorado corporation (" Borrower
"), and KEYBANK NATIONAL
ASSOCIATION , a national banking association ("
Lender
").
R E C I T
A L S
A.
Borrower
and Lender are parties to a Second Amended and Restated Credit
Agreement, dated as of August 7, 2003 (the " Credit
Agreement "), pursuant to which Lender has agreed to make
loans up to $7,000,000 to Borrower on the terms and subject to the
conditions set forth therein. The Credit Agreement was
amended by the terms of that certain First Amendment to Second
Amended and Restated Credit Agreement dated May 6, 2004 (the "
First
Amendment "), that certain Second Amendment to Second
Amended and Restated Credit Agreement dated April 29, 2005 (the "
Second
Amendment "), that certain Third Amendment to Second Amended
and Restated Credit Agreement dated April 25, 2006 (the "
Third
Amendment "), that certain Fourth Amendment to Second
Amended and Restated Credit Agreement dated August 31, 2006 (the "
Fourth
Amendment "), and that certain Fifth Amendment to Second
Amended and Restated Credit Agreement dated April 30, 2007 (the "
Fifth
Amendment ").
B.
Borrower
desires to further modify certain terms and conditions of the
Credit Agreement, and Lender is willing to agree to the
modifications contained in this Sixth Amendment, on the terms and
conditions set forth herein.
C.
Capitalized
terms used in this Sixth Amendment and not defined herein shall
have the meanings assigned to those terms in the Credit
Agreement.
NOW,
THEREFORE, in consideration of the foregoing premises and
other good and valuable consideration, the receipt, adequacy
and sufficiency of which are hereby acknowledged, the parties
hereto covenant and agree as follows:
1.
AMENDMENTS TO CREDIT AGREEMENT . The Credit
Agreement is hereby amended as follows:
(i)
Extension of
Maturity Date . The definition of
"Revolving Credit Maturity Date" contained in Section 1.1 of
the Credit Agreement is hereby amended and restated to read
in its entirety as follows:
" Revolving
Credit Maturity Date " shall mean May 31,
2010.
2.
LOAN DOCUMENT
AMENDMENTS . Each of the other Loan
Documents is hereby amended to conform to the amendments to
the Credit Agreement as set forth in Paragraph
1.
3.
DOCUMENT RATIFICATION . Subject to the amendments
set forth in Paragra
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