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,,- ~ ~. :~ I 'I ~ I " ~ .. ... t I I I FIRST AMENDMENT TO AGREEMENT TO ISSUE BONDS THIS FIRST AMENDMENT TO AGREEMENT TO ISSUE BONDS, entered into as of this 19th day of February, 1980, by and between the City of San Marcos Industrial Development Corpo- ration (the "Corporation") and Stewart & Stevenson Real ty Corporation ("Realty"), a Texas corporation; WIT N E SSE T H: WHEREAS, the Corporation and Realty (therein defined as "User") have previously entered into an Agreement to Issue Bonds dated as of August 1,1979 (the "Agreement"); and WHEREAS, the Project and the Project Site may now be more fully and completely described in the description of each included as Exhibit "A" and Exhibit "B", respectively, to said Agreement; and WHEREAS, the Corporation and Real ty desire to amend Exhibit "A" and Exhibit "B" to such Agreement to more fully describe the Project and the Project Site; and WHEREAS, Realty has by deed dated August 7, 1979, and in compliance with paragraph 1 of the Agreement to Issue Bonds, conveyed the Project Site to the Corporation; and WHEREAS, Realty and the Corporation now contemplate that the Project and the Project Site will not be sold to the Corporation but that the proceeds of Bonds issued by the Corporation pursuant to the Agreement will be lent to Stewart & Stevenson Services, Inc. (" Services" ), an affiliate of Realty, to provide financing for the cost of the Project and the Project Site; and WHEREAS, paragraph 11 of the Agreement provides that Realty may transfer or assign such Agreement or transfer or assign any or all of its rights and delegate any or all of its duties under the Agreement to any of its subsidiaries or affiliates, but that no such transfer, assignment or delega- tion shall, without the written consent and approval of the Corporation, relieve Realty of its liability for payment of Project Costs under paragraphs 3 and 10 of the Agreement or indemnification under paragraph 9 of the Agreement;