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FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENTS, PROMISSORY NOTES AND OTHER LOAN DOCUMENTS

Revolving Credit Agreement

FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENTS, PROMISSORY NOTES AND OTHER LOAN DOCUMENTS | Document Parties: HUDSON TECHNOLOGIES INC /NY | HUDSON TECHNOLOGIES COMPANY | KELTIC FINANCIAL PARTNERS, LP You are currently viewing:
This Revolving Credit Agreement involves

HUDSON TECHNOLOGIES INC /NY | HUDSON TECHNOLOGIES COMPANY | KELTIC FINANCIAL PARTNERS, LP

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Title: FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENTS, PROMISSORY NOTES AND OTHER LOAN DOCUMENTS
Governing Law: New York     Date: 3/28/2006
Industry: Business Services    

FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENTS, PROMISSORY NOTES AND OTHER LOAN DOCUMENTS, Parties: hudson technologies inc /ny , hudson technologies company , keltic financial partners  lp
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Exhibit 10.35:

FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENT,

PROMISSORY NOTES AND OTHER LOAN DOCUMENTS

 

THIS AGREEMENT dated the 8 th day of March 2006 between HUDSON TECHNOLOGIES COMPANY , a corporation organized and existing pursuant to the laws of the State of Tennessee having an address at 275 North Middletown Road, Pearl River, New York 10965 ("Borrower") and KELTIC FINANCIAL PARTNERS, LP , a Delaware limited partnership, with a place of business at 555 Theodore Fremd Avenue, Suite C-207, Rye, New York 10580 ("Lender").

 

W I T N E S S E T H :

               

                WHEREAS :

                A.             Borrower entered into a revolving loan agreement with Lender on May 30, 2003, and pursuant to such revolving loan agreement, Borrower executed and delivered to Lender its promissory note in the original principal amount of FOUR MILLION SIX HUNDRED THOUSAND AND 00/100 (4,600,000.00) DOLLARS (the "Revolving Note") and its promissory note in the original principal amount of FOUR HUNDRED THOUSAND AND 00/100 (400,000.00) DOLLARS (the "Term Note");

  1. Borrower subsequently requested that Lender waive certain failures by Borrower to comply with the terms and conditions of the aforementioned revolving loan agreement and make certain other changes and modification to the terms and conditions of the aforementioned revolving loan agreement;
  2. Lender agreed to waive certain failures by Borrower to comply with the terms and conditions of the aforementioned revolving loan agreement and to make certain other changes and modification to the terms and conditions of the aforementioned revolving loan agreement in accordance with the terms and conditions of a first amendment to revolving loan agreement, promissory notes and other loan documents dated as of November 12, 2003;
  3. Borrower again requested that Lender modify certain financial covenants and make certain other changes and modifications to the terms and conditions of the aforementioned revolving loan agreement;
  4. Lender agreed to again modify certain financial covenants contained in the aforementioned revolving loan agreement and to make certain other changes and modifications to the terms and conditions of the revolving loan agreement strictly in accordance with the terms and conditions of a second amendment to revolving loan agreement, promissory notes and other loan documents dated as of March 31, 2004;
  5. Borrower then requested that Lender modify the Term Loan by increasing the outstanding principal balance of the Term Loan from $226,666.58 to $400,000.00 in order to provide Borrower with additional funds to be used to purchase specified equipment totaling approximately $173,000.00 and to otherwise modify the terms and conditions of the aforementioned revolving loan agreement;
  6. Lender agreed to modify the Term Loan by increasing the outstanding principal balance of the Term Loan from $226,666.58 to $400,000.00 in order to provide Borrower with additional funds to be used to purchase specified equipment totaling approximately $173,000.00 and to otherwise modify the terms and conditions of the aforementioned revolving loan agreement strictly in accordance with the terms and conditions of a third amendment to revolving loan agreement, promissory notes and other loan documents dated as of August 30, 2005 (the revolving loan agreement dated May 30, 2003 as amended by the first amendment to revolving loan agreement, promissory notes and other loan documents dated as of November 12, 2003, the second amendment to revolving loan agreement, promissory notes and other loan documents dated as of March 31, 2004 and the third amendment to revolving loan agreement, promissory notes and other loan document dated as of August 30, 2005 are collectively referred to as, the "Loan Agreement")
  7. In connection with the third amendment, Borrower executed and delivered to Lender its promissory note in the original principal amount of $400,000.00 dated as of August 30, 2005 (the "Restated Term Note");
  8. Borrower has now requested that Lender extend the maturity date of the Loans, modify the Loan Interest Rate and otherwise modify the terms and conditions of the Loan Agreement; and
  9. Lender has agreed to extend the maturity date of the Loans, modify the Loan Interest Rate and otherwise modify the terms and conditions of the Loan Agreement strictly in accordance with the terms and conditions set forth in this Agreement.

                NOW THEREFORE , in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereto agree as follows:

               

  1. Section 1.31 of the Loan Agreement is amended to read as follows:

"1.31 Loan Interest Rate " shall mean, at the option of Lender, the greater of: (a) the prime rate published in the "Money Rates" column of The Wall Street Journal from time to time, or in the event that The Wall Street Journal is not available at any time, such rate published in another publication as determined by Lender, plus two hundred (200) basis points per annum from May 30, 2003 through the date of the fourth amendment to this Agreement and thereafter at such prime rate plus one hundred (100) basis points per annum, or (b) six and one-half percent (6-1/2%) per annum."

  1. Section 1.49 of the Loan Agreement is amended to read as follows:

"1.49 Termination Date " shall mean the earlier of May 30, 2007 or the date on which Lender terminates this Agreement pursuant to Section 12.1 of this Agreement."

  1. Section 2.2 of the Loan Agreement is amended by changing the date of "May 30, 2006" to "May 30, 2007" in such section.
  2. In connection with Lender's agreement to extend the maturity date of the Term Loan, Borrower has executed and delivered to Lender its promissory note in the original principal amount of FOUR HUNDRED THOUSAND AND 00/100 (400,000.00) DOLLARS in the form of Schedule A annexed hereto (hereinafter, the "Second Restated Term Note") which note shall replace and supersede, but shall not be considered a repayment of, the Restated Term Note. Any and all interest due and owing under the Restated Term Note and any further amounts evidenced by the Restated Term Note shall hereafter be evidenced by the Second Restated Term Note and any unpaid interest under the Restated Term Note shall be payable on the first payment date under the Second Restated Term Note.
  3. In order to induce Lender to enter into this Agreement, and pursuant to the existing terms and conditions of the Loan Agreement, Borrower acknowledges that it is responsible for all fees, disbursements and expenses incurred by Lender including, without limitation, all legal fees and disbursements incurred by Lender in connection with the preparation of this Agreement.
  4. Any reference in any document executed and/or delivered in connection with the Loan Agreement to the "Agreement" or the "Loan Agreement" shall mean the revolving loan agreement dated May 30, 2003 as amended by the first amendment to revolving loan agreement, promissory notes and other loan documents dated as of November 12, 2003, the second amendment to revolving loan agreement, promissory notes and other loan documents dated as of March 31, 2004, the third amendment to revolving loan agreement, promissory notes and other loan documents dated as of August 30, 2005 and this Agreement. All of the provisions of the Revolving Note, the Second Restated Term Note, the Restated Term Note, the Loan Agreement and any other document executed and/or delivered in connection with the Revolving Note, the Second Restated Term Note, the Restated Term Note or the Loan Agreement (collectively, the "Loan Documents") are amended so that such terms shall be consistent with the provisions of this Agreement. Notwithstanding the foregoing, and t

 
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