EX-10.4
from 10-K
8 pages
Whereas, the Company Has Informed the Lender That There Currently Exists One or More Events of Default Under the Credit Agreement as a Result of the Company’s Discovery of a Material Imbalance Between Certain General Ledger and Sub Ledger Accounts Related to Contracts in Progress and the Delivery by the Company of Late or Inaccurate Interim Consolidated and Consolidating Balance Sheet and the Related Unaudited Interim Consolidated and Consolidating Statements of Income, Shareholders Equity and Cash Flow for the Fiscal Quarters Ended June 30, 2008, September 30, 2008, December 31, 2008 and Fiscal Year Ended March 31, 2008 (The “Specified Matter”); Whereas, the Company Has Further Informed Lender That the Company Formed a Wholly-Owned Subsidiary, Mktg Canada, Inc. (“Mktg Canada”), Under the Laws of the Province of Ontario, Canada on January 12, 2009; Whereas, the Company Has Requested and the Lender Has Agreed, Subject to the Terms and Conditions of This Amendment and Waiver, to Amend and Waive Certain Provisions of the Credit Agreement as Set Forth Herein, Including as a Result of the Specified Matter and the Formation of Mktg Canada; Now, Therefore, in Consideration of the Premises and of the Mutual Agreements Herein Contained, the Parties Hereto Agree as Follows: 1. Amendments. (A) the Following Definitions in Section 1.01 of the Credit Agreement Are Each Hereby Amended and Restated in Their Entirety to Provide as Follows
12/34/56
