SECOND AMENDMENT TO TERM LOAN AGREEMENT
Exhibit 10.28
SECOND AMENDMENT TO TERM LOAN AGREEMENT
This Second Amendment to Term Loan Agreement (“Second Amendment”) is made as of the 18th day of January, 2019, by and among ▇▇▇▇▇▇▇▇ FERRY OWNER, LLC, a Georgia limited liability company (the “Borrower”), and FIRSTBANK, a Tennessee state bank, whose address is ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as the “Bank”).
WHEREAS, the parties entered into a certain Term Loan Agreement, dated as of August 17, 2018, with respect to a Loan from Bank to Borrower in the amount of Eight Million Six Hundred Twenty Five Thousand and No/100ths Dollars ($8,625,000.00), as amended by that certain Amendment to Term Loan Agreement dated August 17, 2018 (collectively, the “Loan Agreement”);
WHEREAS, the Borrower has entered into an amended and restated credit agreement, and the parties desire to update the Loan Agreement to reference this new credit agreement.
NOW THEREFORE, for and in consideration of the foregoing premises, the parties hereto agree as follows:
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1. |
Notwithstanding anything to the contrary in the Loan Agreement, from the date of this Second Amendment forward, the term “Credit Agreement”, as defined in the Loan Agreement, shall mean “the First Amended and Restated Credit Agreement dated as of December 28, 2018 by and among Guarantor, ▇▇▇▇▇▇▇▇ Capital, Inc., KeyBank National Association, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank, N.A., Trustmark National Bank, FirstBank, Triumph Bank, Renasant Bank, Pinnacle Bank, and BMO ▇▇▇▇▇▇ Bank N.A.” |
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2. |
As modified hereby, the Loan Agreement is ratified and confirmed and shall remain in full force and effect. |
[Signature page follows]
[Signature Page to Second Amendment to Term Loan Agreement]
IN WITNESS WHEREOF, the Borrower and the Bank have executed this Second Amendment, or have caused this Second Amendment to be executed by their duly authorized officers, all as of the day and year first above written.
BORROWER:
▇▇▇▇▇▇▇▇ FERRY OWNER, LLC,
a Georgia limited liability company
By: ▇▇▇▇▇▇▇▇ FERRY PARENT, LLC, a Georgia limited liability company, its sole member and manager
By: ▇▇▇▇▇▇▇▇ CAPITAL OPERATING COMPANY, LLC, a Delaware limited liability company, its managing member and manager
By: ▇▇▇▇▇▇▇▇ CAPITAL, INC., a Maryland corporation, its managing member
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: SVP CFO
BANK:
FIRSTBANK, a Tennessee state bank
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇
Title: Senior Vice President