SECOND MODIFICATION AGREEMENT Secured LoanSecond Modification Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
THIS SECOND MODIFICATION AGREEMENT (“Agreement”) dated as of March 3, 2009, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (“Borrower”), each of the financial institutions signatory to the Loan Agreement (as defined below) (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as Administrative Agent under the Loan Agreement (in such capacity, the “Administrative Agent”).
MASTER ASSIGNMENT AND ASSUMPTION AND MODIFICATION AGREEMENTMaster Assignment and Assumption • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
THIS MASTER ASSIGNMENT AND ASSUMPTION AND MODIFICATION AGREEMENT (this “Agreement”) is made as of February 11, 2009 by and among LEHMAN BROTHERS HOLDINGS INC. (“LBHI”), CENTRAL PACIFIC BANK (“Central Pacific”), DEUTSCHE HYPOTHEKENBANK (ACTIEN-GESELLSCHAFT) (“Deutsche Hypo”), LANDESBANK BADEN-WÜRTTEMBERG, successor-in-interest to Landesbank Sachsen Girozentrale (“LBBW”), SWEDBANK AB (PUBL), NEW YORK BRANCH (“Swedbank), MH KAPALUA VENTURE, LLC (“MH Kapalua”), LBHI as agent (in such capacity, the “Agent”) and KAPALUA BAY, LLC (the “Borrower”)
SECOND OMNIBUS AMENDMENT TO CONSTRUCTION LOAN DOCUMENTS Project commonly know as theConstruction Loan Documents • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
THIS SECOND OMNIBUS AMENDMENT TO CONSTRUCTION LOAN DOCUMENTS (the “Second Amendment”) is made as of February 11, 2009, by and among KAPALUA BAY, LLC (“Borrower”), CENTRAL PACIFIC BANK, a Hawaii bank (“Central Pacific”), DEUTSCHE HYPOTHEKENBANK (ACTIEN-GESELLSCHAFT) (“Deutsche Hypo”), LANDESBANK BADEN-WÜRTTEMBERG (“LBBW”), SWEDBANK AB (PUBL), NEW YORK BRANCH (“Swedbank”), MH KAPALUA VENTURE, LLC (“MH Kapalua”), LEHMAN BROTHERS HOLDINGS INC. (“LBHI;” LBHI, Central Pacific, Deutsche Hypo, LBBW, Swedbank and MH Kapalua being referred to herein individually as a “Lender” and collectively as the “Lenders”), Central Pacific as agent for the Lenders (the “Agent”), MAUI LAND & PINEAPPLE COMPANY, INC. (“ML&P”), THE RITZ-CARLTON DEVELOPMENT COMPANY, INC. (“Ritz-Carlton”), EXCLUSIVE RESORTS DEVELOPMENT COMPANY, LLC (“ERDC”; ERDC, ML&P and Ritz Carlton being referred to herein individually as a “Guarantor” and collectively as “Guarantors”), KAPALUA BAY HOLDINGS, LLC (“Holdings”), EXCLUSIVE RESORTS,
THIRD AMENDMENT TO REVOLVING LINE OF CREDIT LOAN AGREEMENTCredit Loan Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • California
This Third Amendment to Revolving Line of Credit Loan Agreement (this “Amendment”) is entered into by and between American AgCredit, FLCA (“Lender”) and Maui Land & Pineapple Company, Inc., a Hawaii corporation (“Borrower”) to be effective as of December 31, 2008 (the “Effective Date”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
This First Amendment to Employment Agreement (“Amendment”) is made and entered into effective as of the 8th day of December 2008, by and between MAUI LAND & PINEAPPLE COMPANY, INC. (“Company”), a Hawaii corporation, whose principal place of business is in the State of Hawaii, and DAVID C. COLE (the “Executive”).
REVOLVING LINE OF CREDIT LOAN AGREEMENTCredit Loan Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • California
This Second Amendment to Revolving Line of Credit Loan Agreement (this “Amendment”) is entered into by and between American AgCredit, FLCA, successor in interest to Pacific Coast Farm Credit Services, ACA (“Lender”) and Maui Land & Pineapple Company, Inc., a Hawaii corporation (“Borrower”) to be effective as of September 30, 2008 (the “Effective Date”).
THIRD MODIFICATION AGREEMENT Secured LoanThird Modification Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
THIS THIRD MODIFICATION AGREEMENT (“Agreement”) dated as of March 27, 2009, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (“Borrower”), each of the financial institutions signatory to the Loan Agreement (as defined below) (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as Administrative Agent under the Loan Agreement (in such capacity, the “Administrative Agent”).
MODIFICATION AGREEMENT Secured LoanModification Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
THIS MODIFICATION AGREEMENT (“Agreement”) dated November 7, 2008, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (“Borrower”), each of the financial institutions signatory to the Loan Agreement (as defined below) (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as Administrative Agent under the Loan Agreement (in such capacity, the “Administrative Agent”).
AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT for loans in the aggregate amount of up to MADE BY AND AMONG KAPALUA BAY, LLC, a Delaware limited liability company, as Borrower, CENTRAL PACIFIC BANK, as Agent and THE LENDERS PARTY HERETO, as Lenders...Construction Loan Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
THIS AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT (this “Agreement”) is made as of February 11, 2009, by and among KAPALUA BAY, LLC (the “Borrower”), CENTRAL PACIFIC BANK, in its capacity as agent for the Lenders (the “Agent”), and the lenders party hereto (the “Lenders”).
FOURTH AMENDMENT TO REVOLVING LINE OF CREDIT LOAN AGREEMENTCredit Loan Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • California
This Fourth Amendment to Revolving Line of Credit Loan Agreement (this “Amendment”) is entered into by and between American AgCredit, FLCA (“Lender”) and Maui Land & Pineapple Company, Inc., a Hawaii corporation (“Borrower”), to be effective as of December 31, 2008 (the “Effective Date”).
