THIRD AMENDED AND RESTATED LOAN AGREEMENT among ZB, N.A. dba ZIONS FIRST NATIONAL BANK, as Lender, CLARUS CORPORATION BLACK DIAMOND EQUIPMENT, LTD. BLACK DIAMOND RETAIL, INC. EVEREST/SAPPHIRE ACQUISITION, LLC BD NORTH AMERICAN HOLDINGS, LLC PIEPS...Loan Agreement • August 25th, 2017 • Clarus Corp • Sporting & athletic goods, nec • Utah
This Third Amended and Restated Loan Agreement is made and entered into as of August 21, 2017 (the “Effective Date”) by and among ZB, N.A. dba Zions First National Bank, as Lender, Clarus Corporation, a Delaware corporation (f/k/a Black Diamond, Inc.); Black Diamond Equipment, Ltd., a Delaware corporation; Black Diamond Retail, Inc., a Delaware corporation; Everest/Sapphire Acquisition, LLC, a Delaware limited liability company; BD North American Holdings, LLC, a Delaware limited liability company; PIEPS Service, LLC, a Delaware limited liability company; BD European Holdings, LLC, a Delaware limited liability company; and Sierra Bullets, L.L.C., a Delaware limited liability company, collectively as Borrowers, and the other Loan Parties from time to time party hereto.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 25th, 2017 • Clarus Corp • Sporting & athletic goods, nec • Delaware
This PURCHASE AND SALE AGREEMENT (this “Agreement”) dated as of August 21, 2017 (the “Closing Date”) by and among Everest/Sapphire Acquisition, LLC, a Delaware limited liability company (“Buyer”), Sierra Bullets L.L.C., a Delaware limited liability company (the “Company”), BHH Management, Inc., a California corporation (“BHH”), Lumber Management, Inc., a Delaware corporation (“LMI” and, together with BHH, each a “Seller” and, collectively, the “Sellers”), and BHH, in its capacity as the representative of Sellers (the “Sellers’ Representative”). Exhibit A contains definitions, or references to the definitions, of the capitalized terms used in this Agreement. Sellers and Buyer are each referred to herein individually as a “Party” and collectively as the “Parties.”
