FCC, LLC d/b/a First CapitalAeroGrow International, Inc. • February 17th, 2010 • Retail-building materials, hardware, garden supply • Oklahoma
WAIVERWaiver • February 17th, 2010 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Oklahoma
This Waiver (the "Waiver") is made and entered into this 19th day of November, 2009 by and between AeroGrow International, Inc., a Nevada corporation (“Borrower”) Jack J. Walker, a resident of the state of Colorado (the “Limited Guarantor”), Jervis B. Perkins and H. MacGregor Clarke, both residents of the state of Colorado (collectively, the “Validity Guarantors”), and FCC, LLC, d/b/a First Capital, a Florida limited liability company (“Lender”).
TEMPORARY AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 17th, 2010 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
THIS TEMPORARY AMENDMENT TO LOAN AND SECURITY AGREEMENT ("Amendment") is made and effective this 30th day of September, 2009 by and among AEROGROW INTERNATIONAL, INC. (“Borrower”), H. MacGregor Clarke, an individual resident of the state of Colorado, Jervis B. Perkins, an individual resident of the state of Illinois (collectively, the “Validity Guarantors”), JACK J. WALKER, an individual resident of the state of Colorado (“Guarantor”; Borrower and Guarantor are collectively referred to herein as “Obligors”) and FCC, LLC d/b/a First Capital ("Lender").
PROMISSORY NOTEAeroGrow International, Inc. • February 17th, 2010 • Retail-building materials, hardware, garden supply • Colorado
For value received, in installments as herein provided, AEROGROW INTERNATIONAL, INC. (“Maker”), promises to pay to the order of _____________, or assignee (“Holder”), the principal sum of ___________ U.S. Dollars ($_________), together with accrued interest from the date of disbursement hereunder on the unpaid principal balance at the rate of ____________ (___%) per annum. As used herein, the term “Holder” shall mean Holder and any subsequent holder of this Note (this “Note”), whichever is applicable from time to time.
PLEDGE AGREEMENTPledge Agreement • February 17th, 2010 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Oklahoma
FOR VALUE RECEIVED and in consideration of any loan, advance, extension of credit or other financial accommodations now or hereafter made by FCC, LLC, d/b/a First Capital, a Florida limited liability company (“Lender”), to AEROGROW INTERNATIONAL, INC., a Nevada corporation (“Borrower”), including extensions of credit or financial accommodations made to Borrower pursuant to that certain Loan and Security Agreement dated as of June 23, 2008 between Lender and Borrower (as amended, restated, supplemented or replaced from time to time, the “Loan Agreement”), which extensions of credit or financial accommodations will be to the direct and indirect interest, advantage and benefit of WALKER ENTERPRISES, LLLP, a Colorado limited liability limited partnership (“Pledgor”), and to induce Lender to make such extensions of credit or financial accommodations to Borrower, Pledgor does hereby convey and grant a security interest to Lender in accordance with the terms set forth below in this Pledge Agr
FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO LOAN DOCUMENTSForbearance Agreement and Fourth • February 17th, 2010 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Oklahoma
