Calcomp Technology Inc – ‘10-K’ for 12/28/97 – EX-10.38

As of:  Friday, 4/10/98   ·   For:  12/28/97   ·   Accession #:  1017062-98-808   ·   File #:  0-16071

in

this entire Filing. an “Entity” Search.

Show

Documents searched

and

each “hit”. the 1st “hit”.

↓↑Hints

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        10-K for 1997                                         54    333K 
 2: EX-10.31    Termination Agreement - Winfried Rohloff 11-25-97      3     15K 
 3: EX-10.32    Settlement Agreement - Harold Simeroth 1-28-98         2     17K 
 4: EX-10.33    Change of Control/Termination - James Bell 4-1-98      2     14K 
 5: EX-10.34    Patent License Between Co. & Kodak - 3-29-98          28     99K 
 6: EX-10.35    Warrant to Purchase Common Stock - Kodak 3-29-98      14     69K 
 7: EX-10.36    Agreement Re: Directors Lockheed & Kodak 3-29-98       2     12K 
 8: EX-10.37    Amendment No.1 Restated Revolving Credit Agreement     2±    12K 
 9: EX-10.38    First Amendment Cash Management Agreement 3-20-98      2±    12K 
10: EX-10.39    Calcomp Technology 1998 Management Incentive Plan      8     28K 
11: EX-10.40    Calcomp Technology 1998 Deferred Mgmt Incentive       16     49K 
                          Plan                                                   
12: EX-10.41    Amended and Restated Rights Waiver                     2±    10K 
13: EX-23       Consent - Independent Auditors                         1      8K 
14: EX-27       Art 5 for 1997 10-K                                    2      9K 

EX-10.38   —   First Amendment Cash Management Agreement 3-20-98
Exhibit Table of Contents

EX-10.38
TOC
↑Top
Previous
Next
↓Bottom
Just 1st
 
                                                                   EXHIBIT 10.38

FIRST AMENDMENT 
TO  
CASH MANAGEMENT AGREEMENT 

This is the First Amendment ("First Amendment"), dated as of March 20, 1998, to 
the Cash Management Agreement ("Agreement") dated as of July 23, 1996 between   
CALCOMP TECHNOLOGY INC., a Delaware corporation ("CalComp Technology") and      
LOCKHEED MARTIN CORPORATION, a Maryland corporation ("Lockheed Martin").        

WHEREAS, the parties have agreed to extend the termination date of the Agreement
to coincide with the Termination Date of the Amended and Restated Credit        
Agreement dated as of December 20, 1996 among CalComp Technology, CalComp, Inc.,
and Lockheed Martin, as amended (the "Revolving Credit Agreement");             

NOW, THEREFORE, in consideration of the mutual covenants and agreements         
contained herein and other good and valuable consideration, the receipt and     
sufficiency of which are hereby acknowledged, CalComp Technology and Lockheed   
Martin hereby agree as follows:                                                 

1.  Section 4(a) of the Agreement is hereby amended by adding at the beginning  
of the second sentence thereof the clause "Subject to the provisions of 
Section 5(c) hereof,"                                                   

2.  Section 5(c) of the Agreement is hereby amended to read as follows:         

       "The maximum principal amount of Advances to be made by Lockheed Martin
 hereunder shall be $12,000,000 outstanding at any time, provided,
                                                        --------
 however, if on any date on or prior to April 3, 1998 the net cash
-------                                                         
        balance in the Concentration Account equals or exceeds $10,000,000, then
the net cash balance shall, notwithstanding Section 4(a) of the 
       Agreement, first be applied to reduce the Advances to $2,000,000. After
April 3, 1998 or earlier application of the net cash balance as 
    described in the preceding sentence, the maximum principal amount of
    Advances to be made by Lockheed Martin hereunder shall be $2,000,000
outstanding at any time."                                       

3.  Section 12 of the Agreement is hereby amended by substituting the phrase    
"January 31, 1999" for the phrase "June 1, 1998".                       

4.  To the extent additional indebtedness of CalComp is created by or pursuant  
to this First Amendment, Lockheed Martin hereby waives compliance with  
Section 6.8 of the Revolving Credit Agreement.                          

5.  This First Amendment shall be governed by and construed in accordance with  
the laws of the jurisdiction which govern the agreement and its         
construction.                                                           

6.  This First Amendment may be executed in any number of counterparts each of  
   which shall be an original, but such counterparts shall together constitute
but one and the same instrument.                                        

LOCKHEED MARTIN CORPORATION                     CALCOMP TECHNOLOGY, INC.        

By:  /s/ W. E. Skowronski                       By:  /s/ John J. Millerick      
  ------------------------------                  ----------------------------
W. E. Skowronski                                John J. Millerick         
  Vice President and Treasurer                    Sr. Vice President and Chief
                                         Financial Officer

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing		Date		Other Filings
		1/31/99
		6/1/98
Filed on:		4/10/98
		4/3/98
		3/20/98
For Period End:		12/28/97		10-K/A,  NT 10-K
		12/20/96		8-K
		7/23/96		8-K,  8-K/A
				List all Filings