SECURITY AGREEMENTSecurity Agreement • October 9th, 2002 • 2nd Swing Inc • Minnesota
2nd Swing, Inc., a Minnesota corporation ("Debtor"), whose address is 16305 36th Avenue North, Suite 550, Plymouth in the County of Hennepin, State of Minnesota 55446 (hereinafter called "Debtor" whether one or more) does hereby grant unto David R. Pomije ("Secured Party") a security interest in the following (noted by a checkmark) described property (hereinafter called "Collateral"):
AMENDMENT # 1 TO LEASE DATED JUNE 22, 2001 BY AND BETWEEN MJLB 1 LIMITED PARTNERSHIP, LLP, AS LANDLORD AND 2nd SWING, INC., AS TENANT2nd Swing Inc • October 9th, 2002
THIS AMENDMENT TO LEASE, is entered into and made as of the 16th day of August, 2001, by and between MJLB 1 Limited Partnership, LLP, as Landlord, and 2nd Swing, Inc., a Minnesota Corporation, as Tenant.
LEASE AGREEMENTLease Agreement • October 9th, 2002 • 2nd Swing Inc
THIS LEASE AGREEMENT, made this 22nd day of June, 2001, by and between MJLB 1 Limited Liability Partnership, LLP, a Minnesota General Partnership d/b/a SkyRidge III ("Landlord") and 2nd Swing, Inc., a Minnesota corporation ("Tenant");
AGREEMENT TO AMEND WORKING CAPITAL REVOLVING PROMISSORY NOTE and MEZZANINE REVOLVING PROMISSORY NOTE January 8, 20032nd Swing Inc • June 2nd, 2003 • Retail-miscellaneous shopping goods stores
This Agreement to Amend Working Capital Revolving Promissory Note and Mezzanine Revolving Promissory Note, under date of March 31, 2002, by and between 2nd Swing, Inc., a Minnesota corporation ("Maker") and David R. Pomije ("Holder") is entered into effective January 8, 2003:
CREDIT AND SECURITY AGREEMENT BY AND BETWEEN 2ND SWING, INC. AND WELLS FARGO BUSINESS CREDIT, INC. NOVEMBER 21, 2002Credit and Security Agreement • June 2nd, 2003 • 2nd Swing Inc • Retail-miscellaneous shopping goods stores • Minnesota
2ND SWING, INC., a Minnesota corporation (the "Borrower"), and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender"), hereby agree as follows:
AGREEMENT TO EXTEND MEZZANINE REVOLVING PROMISSORY NOTE and WORKING CAPITAL PROMISSORY NOTE JULY 15, 20032nd Swing Inc • July 17th, 2003 • Retail-miscellaneous shopping goods stores
This Agreement to extend the Mezzanine Revolving Promissory Note, dated March 31, 2002, in the principal amount not to exceed $3,500,000.00 from 2ndSwing, Inc., a Minnesota corporation ("Maker") to David R. Pomije ("Holder") and Working Capital Promissory Note, dated March 31, 2002, in the amended principal amount of $4,500,000.00 from Maker to Holder ("Agreement to Extend") is entered into effective July 15, 2003:
2nd Swing, Inc. SUBSCRIPTION AGREEMENT AND LETTER OF INVESTMENT INTENT2nd Swing Inc • November 20th, 2002 • Retail-miscellaneous shopping goods stores • Minnesota
The undersigned, intending to be legally bound, hereby irrevocably subscribes for and offers and agrees to purchase 160,000 shares of common stock, $.01 par value per share (the "Common Shares"), of 2nd Swing, Inc., a Minnesota corporation (the "Company"), at a purchase price of $1.50 per Common Share.
AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • June 2nd, 2003 • 2nd Swing Inc • Retail-miscellaneous shopping goods stores • Minnesota
This Amended and Restated Subordination Agreement, dated as of January 27, 2003, completely amends and restates the Subordination Agreement dated as of November 21, 2002, made by David R. Pomije (the "Subordinated Creditor"), for the benefit of Wells Fargo Business Credit, Inc., a Minnesota corporation (the "Senior Lender").
2nd Swing, Inc. 2,000,000 Shares Common Stock1 Placement Agency Agreement2nd Swing Inc • July 17th, 2003 • Retail-miscellaneous shopping goods stores • New York
AGREEMENT TO EXTEND MEZZANINE REVOLVING PROMISSORY NOTE MARCH 31, 20022nd Swing Inc • October 9th, 2002
This Agreement to Extend Mezzanine Revolving Promissory Note, dated March 31, 2002, in the principal amount not to exceed $3,500,000.00 from 2ndSwing, Inc., a Minnesota corporation ("Maker") to David R. Pomije ("Holder") and Working Capital Promissory Note, dated March 31, 2002, in the original principal amount of $1,500,000.00 from Maker to Holder ("Agreement to Extend") is entered into effective September 27, 2002:
FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTCredit and Security Agreement and Waiver of Default • June 2nd, 2003 • 2nd Swing Inc • Retail-miscellaneous shopping goods stores
This Amendment, dated as of February 28, 2003, is made by and between 2ND SWING, INC., a Minnesota corporation (the "Borrower"), and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender").
David R. Pomije 801 Tonkawa Road Long Lake, MN 553562nd Swing Inc • October 9th, 2002
As you know, 2nd Swing, Inc. (the "Company") and David R. Pomije (herein referred to as "my" "me" or "I") have previously entered into a Letter Agreement relating to certain Mezzanine Financing (the "Former Letter Agreement"). Pursuant to the Former Letter Agreement, the Company issued a Promissory Note dated November 1, 2001, in the original principal amount of $5,000,000.00 (the "Former Note"). As of the date hereof, the balance on the Former Note is $4,550,000.00 plus interest of $46,363.14.
2nd Swing, Inc. 2,000,000 Shares Common Stock(1)2nd Swing Inc • October 9th, 2002 • Illinois
AMENDMENT #2 TO LEASE DATED JUNE 22, 2001 BY AND BETWEEN MJLB 1 LIMITED PARTNERSHIP, LLP, AS LANDLORD AND 2nd SWING, INC., AS TENANT2nd Swing Inc • October 9th, 2002
THIS AMENDMENT TO LEASE, is entered into and made as of the 10th day of October, 2001, by and between MJLB 1 Limited Partnership, LLP, as Landlord, and 2nd Swing, Inc., a Minnesota Corporation, as Tenant.
