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EXHIBIT 4.35
FOURTH AMENDMENT
TO REVOLVING CREDIT AND
GUARANTY AGREEMENT
FOURTH AMENDMENT, dated as of February 24, 2004 (the
"Amendment and Waiver"), to the REVOLVING
CREDIT AND GUARANTY AGREEMENT, dated
as of January 31, 2003, among AMERICAN
COMMERCIAL LINES LLC, a Delaware limited
liability company (the "Borrower"), a
debtor and debtor-in-possession under
Chapter 11 of the Bankruptcy Code, the
Guarantors named therein (the
"Guarantors"), JPMORGAN CHASE BANK, a New
York banking corporation ("JPMorgan
Chase"), each of the other financial
institutions from time to time party
thereto (the "Lenders"), and JPMORGAN CHASE
BANK, as Administrative Agent for
the Lenders (in such capacity, the
"Agent"), and BANK ONE, N.A. and GENERAL
ELECTRIC CAPITAL CORPORATION, as
Co-Syndication Agents (in such capacities, the
"Co-Syndication Agents"):
W I T N E S S E T H:
WHEREAS, the Borrower, the Guarantors, the Lenders, the Agent
and the Co-Syndication Agents are parties
to that certain Revolving Credit and
Guaranty Agreement, dated as of January 31,
2003, as amended by that certain
First Amendment to Revolving Credit and
Guaranty Agreement, dated as of March
13, 2003, that Second Amendment to
Revolving Credit and Guaranty Agreement,
dated as of March 31, 2003 and that Third
Amendment to Revolving Credit
Agreement, dated as of December 22, 2003
(as the same may be further amended,
modified or supplemented from time to time,
the "Credit Agreement"); and
WHEREAS, the Borrower, the Guarantors and the Lenders have
agreed to amend certain provisions of the
Credit Agreement as set forth herein,
subject to the terms and conditions set
forth herein; and
NOW, THEREFORE, it is agreed as follows:
As used herein, all terms that are defined in the Credit
Agreement shall have the same meanings
herein.
1.
Amendment.
(a)
Section 2.13(a) of the Credit Agreement is
hereby amended by deleting the words "three
Business Days" appearing in the
fourth line thereof and inserting in lieu
thereof the words "one Business Day";
and
(b) The
parenthetical clause appearing at the end
of subsection (iii) of Section 6.10 of the
Credit Agreement is hereby amended in
its entirety to read as follows:
(provided, further, that the aggregate
outstanding principal amount of such advances
and loans to Jeffboat LLC may not exceed (x)
$4,000,000 during
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the period beginning on December 22, 2003 and
ending on February 23, 2004 or (y) $6,500,000
during the period beginning on February 24,
2004 and ending
