CONSTRUCTION LOAN AGREEMENT Dated as of March 18, 2019 Between SUNSEEKER FLORIDA, INC., a Florida corporation, as Borrower and TPG SPECIALTY LENDING, INC., a Delaware corporation, as AgentConstruction Loan Agreement • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York
GUARANTY OF PAYMENTGuaranty of Payment • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York
This GUARANTY OF PAYMENT (this “Guaranty”) is executed as of March 18, 2019 by ALLEGIANT TRAVEL COMPANY, a Nevada corporation, having an address at 1201 N. Town Center Drive, Las Vegas, Nevada 89144 (“Guarantor”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201 (together with its successors and assigns, hereinafter referred to as “Agent”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, SSPC 1, LLC, a Delaware limited liability company, and SSPC 2, LLC, a Delaware limited liability company, each having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201, collectively, as lender (together with their respective successors and assigns, individually or collectively as the context may require, “Lender”).
NON-RECOURSE CARVE-OUT GUARANTY AGREEMENTNon-Recourse Carve-Out Guaranty Agreement • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York
This NON-RECOURSE CARVE-OUT GUARANTY AGREEMENT (this “Guaranty”) is executed as of March 18, 2019 by ALLEGIANT TRAVEL COMPANY, a Nevada corporation, having an address at 1201 N. Town Center Drive, Las Vegas, Nevada 89144 (“Guarantor”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201 (together with its successors and assigns, hereinafter referred to as “Agent”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, SSPC 1, LLC, a Delaware limited liability company, and SSPC 2, LLC, a Delaware limited liability company, each having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201, collectively, as lender (together with their respective successors and assigns, individually or collectively as the context may require, “Lender”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York
THIS PLEDGE AND SECURITY AGREEMENT (this “Pledge Agreement”), is made as of March 18, 2019, by SUNSEEKER RESORTS, INC., a Nevada corporation, having an address at 1201 N. Town Center Drive, Las Vegas, Nevada 89144 (together with its permitted successors and assigns, “Pledgor”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, SSPC 1, LLC, a Delaware limited liability company, and SSPC 2, LLC, a Delaware limited liability company, each having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201, collectively, as lender (together with their respective successors and assigns, individually or collectively as the context may require, “Lender”), and TPG SPECIALTY LENDING, INC., a Delaware corporation, having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201, as agent for Lender (together with its successors and assigns, “Agent”).
GUARANTY OF COMPLETIONGuaranty of Completion • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York
This GUARANTY OF COMPLETION (this “Guaranty”) is executed as of March 18, 2019 by ALLEGIANT TRAVEL COMPANY, a Nevada corporation, having an address at 1201 N. Town Center Drive, Las Vegas, Nevada 89144 (“Allegiant Guarantor”), and SUNRISE ASSET MANAGEMENT LLC, a Nevada limited liability company, having an address at 1201 N. Town Center Drive, Las Vegas, Nevada 89144 (“Sunrise Guarantor”, and together with Allegiant Guarantor, jointly and severally, and individually and collectively as the context may require, “Guarantor”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201 (together with its successors and assigns, hereinafter referred to as “Agent”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, SSPC 1, LLC, a Delaware limited liability company, and SSPC 2, LLC, a Delaware limited liability company, each having an address at 2100 McKinney Avenue, Suite 1030, Dallas, T
TPG SPECIALTY LENDING, INC., as Agent, as mortgagee (Agent) ________________________________________________________ MORTGAGE, ASSIGNMENT OF LEASES AND RENTS,Security Agreement and Fixture Filing • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York
THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this 18th day of March, 2019, by SUNSEEKER FLORIDA, INC., a Florida corporation, having its principal place of business at 1201 N. Town Center Drive, Las Vegas, NV 89144 (together with its permitted successors and assigns, “Borrower”), as mortgagor, for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, as Agent for Lender (as defined below) (together with its successors and assigns, “Agent”), having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201, as mortgagee.
