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Exhibit 10.41
FIFTH AMENDMENT TO
REVOLVING LOAN AGREEMENT
THIS FIFTH AMENDMENT TO REVOLVING LOAN AGREEMENT, dated as of
March 7, 2007 (this "Amendment"), is made by and between Keltic
Financial Partners, LP, a Delaware limited partnership ("Lender"),
and Hudson Technologies Company, a Tennessee corporation
("Borrower").
WITNESSETH
WHEREAS, Borrower and Lender are parties to that certain
Revolving Loan Agreement, dated as of May 30, 2003 (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); and
WHEREAS, Borrower has requested that Lender increase the Maximum
Facility and extend the maturity date of the Loan Agreement and the
$400,000 Second Restated Term Note dated March 8, 2006 (the "Term
Note") given by Borrower in favor of Lender by one (1) year to May
31, 2008, 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
1.35 "Maximum Facility" shall mean $6,000,000.
(b) Section 1.49 of the Loan Agreement is hereby amended and
restated as follows:
1.49 "Termination Date" shall mean the earlier of May 30, 2008
or the date on which Lender terminates this Agreement pursuant to
Section 12.1 of this Agreement.
(a) $5,600,000, or
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(d) Section 2.2 of the Loan Agreement is hereby amended by
deleting the date "May 30, 2007" and inserting the date "May 30,
2008" in place thereof.
(e) The Term Note is hereby amended by deleting the date "May
30, 2007" and inserting the date "May 30, 2008" in place
thereof.
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; and (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.
3. Conditions Precedent to Eff
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