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THIS FIRST AMENDATORY LOAN AGREEMENT, made and entered <br /> into as of March l, 1981, by and between the City of Decatur, <br /> Illinois, a municipal corporation and political subdivision of <br /> the State of Illinois, party of the first part (the "Issuer" ) , <br /> and ToxiGenics , Inc. , a corporation organized and existing under <br /> the laws of the State of Delaware, party of the second part (the <br /> "Company" ) ; <br /> W I T N E S S E T H: <br /> WHEREAS, the Issuer and the Company have heretofore <br /> executed and delivered that certain Loan Agreement, � dated as of <br /> September 1, 1979 (the "Original Agreement" ) , providing for the <br /> financing of certain land and facilities described in Exhibit A <br /> thereto (hereinafter ref erred to as the "Pro,ject" ) ; and <br /> WHEREAS, the Issuer and the Company now desire to amend <br /> the description of the Pro,�ect set forth in the Original Agreement; <br /> and <br /> WHEREAS, this First Amendatory Loan Agreement (the <br /> "Amendment" ) is considered necessary and desirable under the <br /> terms of Section 3.1 of the Original Agreement and Section 12. 1 <br /> of the Indenture of Trust dated as of September l, 1979 (the <br /> "Indenture" ) between the Issuer and The Northern Trust Company, <br /> as Trustee; <br /> NOW, THEREFORE THE PARTIES HERETO AGREE: <br /> Section l. Exhibit A to the Original Agreement is , <br /> herewith amended by deleting theref rom the description of land , <br /> and facilities set forth therein and substituting theref or the � <br /> description of land and facilities set forth in Exhibit A to ' <br /> this Amendment (the "Substituted Facilities" ) . ��, <br /> Section 2. Exhibit B to the Original Agreement is <br /> herewith amended by deleting the tabulation of estimated costs <br /> set forth therein and substituting theref or the estimated costs I <br /> of the Substituted Facilities as set forth in Exhibit B to this <br /> Amendment. 'I <br /> Section 3• For all purposes of the Original Agreement, <br /> as hereby amended, the term "Pro,ject" shall mean the Substituted I <br /> Facilities as herein provided. <br /> Section 4. Al1 representations of the Issuer contained <br /> in Section 2 .1 of the Original Agreement and all representations <br /> of the Company contained in Section 2. 2 of the Original Agreement <br /> with respect to the Pro�ect are fully applicable with respect to <br /> the Substituted Facilities. <br />