Banc of America Leasing & Capital, LLC Master Loan and Security Agreement Number: 23403-70000Master Loan and Security Agreement • December 30th, 2011 • Primoris Services Corp • Water, sewer, pipeline, comm & power line construction
This Master Loan and Security Agreement, dated as of December 21, 2011(this “Agreement”), is by and between Banc of America Leasing & Capital, LLC, a Delaware limited liability company having an office at 2059 Northlake Parkway, 3 North, Tucker, GA 30084 (together with its successors and assigns, “Lender”), and Arb, Inc. as “Borrower”, a limited liability company existing under the laws of the state of California, and having its chief executive office and any organizational identification number as specified with its execution of this Agreement below. Certain defined terms used herein are identified in bold face and quotation marks throughout this Agreement and in Section 14 below. This Agreement sets forth the terms and conditions for the financing of Equipment between Lender and Borrower pursuant to one or more “Equipment Notes” incorporating by reference the terms of this Agreement, together with all exhibits, addenda, schedules, certificates, riders and other documents and instrume
Banc of America Leasing & Capital, LLC GUARANTYPrimoris Services Corp • December 30th, 2011 • Water, sewer, pipeline, comm & power line construction
This Guaranty (this “Guaranty”) is executed and delivered as of the date set forth below by the undersigned guarantor (the “Guarantor”) in favor of Banc of America Leasing & Capital, LLC (“BALC”). BALC may, from time to time, enter into agreements with Arb, Inc. (“Co-Customer”), Stellaris LLC (“Co-Customer”) and Rockford Corporation (“Co-Customer”) (each a Co—Customer herein, together referred to as “Customer”). The term “Customer,” if defined to include more than one party, shall mean “Customer and each of them” and this Guaranty shall secure payment of all of their respective Obligations (hereinafter defined) to BALC. BALC is unwilling to enter into such agreements with Customer, unless Guarantor absolutely and unconditionally guarantees to BALC the payment and performance of all obligations of Customer at any time owing to BALC. With knowledge that BALC will enter into agreements with or extend financial accommodations to Customer in reliance upon the existence of this Guaranty and
Banc of America Leasing & Capital, LLC Equipment Security Note Number 70001Primoris Services Corp • December 30th, 2011 • Water, sewer, pipeline, comm & power line construction
This Equipment Security Note No. 70001, dated as of December 21, 2011, (this “Equipment Note”), is entered into pursuant to and incorporates by this reference all of the terms and provisions of that certain Master Loan and Security Agreement No. 23404-70000 dated as of December 21, 2011 (the “Master Agreement”), by and between Banc of America Leasing & Capital, LLC (“Lender”) and Arb, Inc. (“Co-Borrower”), Stellaris LLC (“Co-Borrower”) and Rockford Corporation (“Co-Borrower”) (each a Co-Borrower herein, together referred to as “Borrower”). All capitalized terms used herein and not defined herein shall have the respective meanings assigned to such terms in the Master Agreement. If any provision of this Equipment Note conflicts with any provision of the Master Agreement, the provisions contained in this Equipment Note shall prevail. Borrower hereby authorizes Lender to insert the serial numbers and other identification data of the Equipment, dates, and other omitted factual matters or de
Banc of America Leasing & Capital, LLC (Joint and Several Co-Borrowers)Primoris Services Corp • December 30th, 2011 • Water, sewer, pipeline, comm & power line construction
This Addendum (the “Addendum”) is an addendum to that certain Master Loan and Security Agreement No. 23403-70000 dated as of December 21, 2011 (the “Agreement”) by and between Banc of America Leasing & Capital, LLC (“Lender”) and Arb, Inc (“Borrower”), who have determined that it is to their mutual benefit to make certain amendments to the Agreement and each of the Loans and Related Agreements in connection therewith (collectively, the “Loan Documents”). The parties hereto desire that each of the entities executing this Addendum as a Co-Borrower below (together with the Borrower, each a “Co-Borrower” and collectively the “Co-Borrowers”) be and become a party to each of the Loan Documents as of the effective dates thereof. All capitalized terms used herein without definition shall have the respective meaning assigned or referred to them in the Agreement. Accordingly, for good and valuable consideration, intending to be legally bound and pursuant to the terms and conditions of the Agreem
