Exhibit 10.26(e)
THIRD AMENDMENT TO LOAN AGREEMENT
THIS THIRD AMENDMENT TO LOAN AGREEMENT (this "Amendment") is
entered into as of November 30, 1995, by and between IOMEGA
CORPORATION, a Delaware corporation ("Borrower"), and ▇▇▇▇▇ FARGO
BANK, NATIONAL ASSOCIATION ("Lender").
RECITALS
WHEREAS, Borrower is currently indebted to Lender pursuant to
the terms and conditions of that certain Loan Agreement between
Borrower and Lender dated as of July 5, 1995, as amended ("the Loan
Agreement").
WHEREAS, Lender and Borrower have agreed to certain changes in
the terms and conditions set forth in the Loan Agreement and have
agreed to amend the Loan Agreement to reflect said changes.
NOW, THEREFORE, for valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree that the Loan Agreement shall be amended as follows:
1. Section 2.2(d) is hereby deleted in its entirety, and the
following substituted therefor:
"Section 2.2(d). Third Party Term Lender. At
Borrower's option, Borrower may obtain term loan
financing not to exceed $25,000,000 from a party(ies)
other than Lender, which loans may be secured only by
purchase money liens on equipment consisting only of "3
Up" Server Writers acquired concurrently with or
subsequent to the making of such loans and which loans,
in the aggregate with all loans outstanding under
Facility B, do not exceed $25,000,000. Borrower shall
provide to Lender executed copies of all documentation
evidencing the term loan financing permitted hereunder at
least 5 days prior to the funding of the loan(s)
evidenced thereby."
2. Except as specifically provided herein, all terms and
conditions of the Loan Agreement remain in full force and effect,
without waiver or modification. All terms defined in the Loan
Agreement shall have the same meaning when used in this Amendment.
This amendment and the Loan Agreement shall be read together, as
one document.
3. Borrower hereby remakes all representations and
warranties contained in the Loan Agreement and reaffirms all
covenants set forth therein. Borrower further certifies that as of
the date of this Amendment there exists no Event of Default as
defined in the Loan Agreement, nor any condition, act or event
which with the giving of notice or the passage of time or both
would constitute any such Event of Default.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed as of the day and year first written
above.
▇▇▇▇▇ FARGO BANK,
IOMEGA CORPORATION NATIONAL ASSOCIATION
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Title: Assistant Treasurer Title: Vice President