BAY GOLF COURSE LEASECourse Lease • November 2nd, 2010 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
THIS LEASE (the “Lease”) is made and entered into effective Oct 1, 2010 (the “Effective Date” or “Commencement Date”), by and between TY MANAGEMENT CORPORATION, a Hawaii corporation, whose address is c/o Carlsmith Ball LLP, One Maui Plaza, Suite 400, Wailuku, Hawaii 96793-1086 (“Lessor”), and KAPALUA PLANTATION GOLF LLC a Hawaii limited liability company, whose address is P.O. Box 187, Kahului, Hawaii 96733-6687, (“Lessee”);
GOLF ACADEMY LEASEGolf Academy Lease • November 2nd, 2010 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
THIS LEASE (the “Lease”) is made and entered into effective Oct 1, 2010 (the (Effective Date”), by and between MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation, whose address is P.O. Box 187, Kahului, Hawaii 96733-6687, (“Lessor”) and TY MANAGEMENT CORPORATION, a Hawaii corporation, whose address is c/o Carlsmith Ball LLP, One Maui Plaza, Suite 400, Wailuku, Hawaii 96793-1086 (“Lessee”);
KAPALUA BAY GOLF COURSE SALE, PURCHASE AND ESCROW AGREEMENTSale, Purchase and Escrow Agreement • November 2nd, 2010 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
This Sale, Purchase and Escrow Agreement (this “Agreement”), dated as of September 16, 2010 (the “Effective Date”), is made by and among MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation (“MLP” or “Seller”), and TY MANAGEMENT CORPORATION, a Hawaii corporation (“Purchaser”), and constitutes (i) a contract of sale and purchase between the parties and (ii) an escrow agreement among Seller, Purchaser and TITLE GUARANTY ESCROW SERVICES, INC. (“Escrow Agent”), the consent of which appears at the end hereof.
FIRST MODIFICATION AGREEMENT Secured LoanFirst Modification Agreement • November 2nd, 2010 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
THIS FIRST MODIFICATION AGREEMENT (“Agreement”) dated as of September 17, 2010, 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”).
