Exhibit 4.1
NINTH AMENDMENT TO THE
REVOLVING CREDIT AGREEMENT
THIS NINTH AMENDMENT to the
REVOLVING CREDIT AGREEMENT, dated as of this 26 th day of September, 2008 (the “Ninth
Amendment”), is entered into in connection with and as an
amendment to that certain Revolving Credit Agreement, dated as of
March 10, 2003, as amended by that First Amendment, dated as
of August 31, 2003, as further amended by that Second
Amendment, dated as of February 27, 2004, as further amended
by that Third Amendment, dated as of August 30, 2004, as
further amended by that Fourth Amendment dated as of
August 29, 2005, as further amended by that Fifth Amendment
dated as of August 29, 2006, as further amended by that Sixth
Amendment dated as of August 29, 2007, as further amended by
that Seventh Amendment dated as of March 31, 2008, as further
amended by that Eighth Amendment dated as of August 29, 2008,
and as further amended, restated or modified from time to time, by
and between First National Bank of Omaha (the “Bank”)
and Ballantyne of Omaha, Inc. (the “Borrower”)
(the “Credit Agreement”). All capitalized terms used
but not otherwise defined herein shall have their respective
meanings as prescribed in the Credit Agreement.
WHEREAS, the maturity date for the
Interim Revolving Credit Facility pursuant to the Credit Agreement
is currently March 30, 2009; and
WHEREAS, the Borrower and the Bank
desire to extend the maturity date of the Interim Revolving Credit
Facility to August 30, 2009 and to make certain other
amendments to the Credit Agreement as set forth below.
NOW, THEREFORE, the parties hereby
agree that as of the da
