FIFTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • September 7th, 2018 • Charles & Colvard LTD • Jewelry, silverware & plated ware • Georgia
This Fifth Amendment to Credit and Security Agreement, dated as of April 3, 2018 (this “Agreement”), is made by and among WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), CHARLES & COLVARD, LTD., a North Carolina corporation (“Parent”), CHARLES & COLVARD DIRECT, LLC, a North Carolina limited liability company (“C&C Direct”), and CHARLESANDCOLVARD.COM, LLC, a North Carolina limited liability company formerly known as MOISSANITE.COM, LLC (“C&C.com”; Parent, C&C Direct and C&C.com are sometimes referred to herein individually as a “Borrower” and collectively as the “Borrowers”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • September 7th, 2018 • Charles & Colvard LTD • Jewelry, silverware & plated ware • New York
THIS INTERCREDITOR AGREEMENT, dated as of July 13, 2018 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is by and among CHARLES & COLVARD, LTD. (“C&C”), CHARLES & COLVARD DIRECT, LLC (“C&C Direct”), CHARLESANDCOLVARD.COM, LLC (“C&C.COM”); (C&C, C&C Direct and C&C.COM are sometimes referred to herein individually as an “Obligor” and collectively as “Obligors”), CREE, INC. (“Cree”), and WHITE OAK COMMERCIAL FINANCE, LLC (“White Oak”).
SECURITY AGREEMENTSecurity Agreement • September 7th, 2018 • Charles & Colvard LTD • Jewelry, silverware & plated ware • New York
THIS SECURITY AGREEMENT (this “Agreement”) is entered into as of July 13, 2018 by and between CHARLES & COLVARD, LTD., a North Carolina corporation (“Company”), charlesandcolvard.com, LLC, a North Carolina limited liability company (together with Company, “Borrowers”), CHARLES & COLVARD DIRECT, LLC, a North Carolina limited liability company (together with Borrowers, each a “Grantor” and collectively, “Grantors”) and WHITE OAK COMMERCIAL FINANCE, LLC (“Lender”).
