Attached files
| file | filename |
|---|---|
| 8-K - WEGENER CORP | v188232_8k.htm |
| EX-4.2 - WEGENER CORP | v188232_ex4-2.htm |
Exhibit
4.1
June 11,
2010
Wegener
Communications, Inc.
11350
Technology Circle
Johns
Creek, Georgia 30097
Re: Thirteenth
Amendment
Gentlemen:
Wegener Communications, Inc., a Georgia
corporation (“Borrower”), and The David E.
Chymiak Trust Dated December 15, 1999 (“Trust”), as assignee of the
Bank of America, N.A., successor
interest by merger to LaSalle Bank National Association, respecting a $4,000,000
Loan and Security Agreement (“Security Agreement”), which
Security Agreement has been previously amended twelve times, wish to further
amend the Security Agreement as provided herein (the “Thirteenth
Amendment”).
NOW, THEREFORE, in consideration of the
foregoing recitals, the mutual covenants and agreements set forth herein and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Borrower and the Trust hereby agree as
follows:
Provision
A. 7 of the Twelfth Amendment is deleted in its entirety and the following is
substituted in its place:
7. Solvency
Representation. Borrower’s obligations under paragraph 10(p) of the
Security Agreement shall be suspended until the last day of Borrower’s 2010
fiscal fourth quarter ending on September 3, 2010. Thereafter, such
suspension shall end and Borrower’s full compliance with such obligations shall
be required.
Except as expressly amended hereby, the
Security Agreement, as amended, are ratified and confirmed by the parties hereto
and remain in full force and effect in accordance with the terms
thereof. In the event there is any conflict between the provisions of
this Thirteenth Amendment and those in the Security Agreement generally, the
provisions of this Thirteenth Amendment shall control in all
respects.
[SIGNATURE
PAGE FOLLOWS]
THE DAVID E. CHYMIAK TRUST DATED DECEMBER
15, 1999
By: /s/ David E.
Chymiak
Name: David E. Chymiak
Title:
Trustee
Accepted
and agreed to this
11th day
of June, 2010.
WEGENER
COMMUNICATIONS, INC.
By: /s/ C. Troy Woodbury,
Jr.
Name: C. Troy Woodbury,
Jr.
Title:
CEO
Accepted
and agreed to this
11th day
of June, 2010
By: /s/
James
Traicoff
Name: James Traicoff
Title:
Treasurer and CFO
Accepted
and agreed to this
11th day
of June, 2010
|
Consented and agreed
to by the following guarantor of the obligations of Wegener Communications, Inc.
to The David E. Chymiak Trust Dated December 15,
1999.
|
WEGENER
CORPORATION
By: /s/ C. Troy Woodbury,
Jr.
Name: C. Troy Woodbury,
Jr.
Title:
President and CEO
Date:
June 11, 2010