Mezzanine Loan and Security Agreement Sample Contracts
MEZZANINE LOAN AND SECURITY AGREEMENT (FIRST MEZZANINE) Dated as of July 21, 2005 Between MPO INTERMEDIATE, LLC, as Mezzanine Borrower and GERMAN AMERICAN CAPITAL CORPORATION, as Mezzanine LenderMezzanine Loan and Security Agreement • September 14th, 2005 • Toys R Us Inc • Retail-hobby, toy & game shops • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (FIRST MEZZANINE) dated as of July 21, 2005 (as amended, restated, replaced, supplemented, or otherwise modified from time to time, this “Agreement”), between MPO INTERMEDIATE, LLC, a Delaware limited liability company (“Mezzanine Borrower”) having an office at c/o Toys “R” Us, Inc., One Geoffrey Way, Wayne, New Jersey 07470 and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, on behalf of the holders of the Mezzanine Notes, having an address at 60 Wall Street, New York, New York 10005 (together with its successors and assigns, “Mezzanine Lender”).
Standard Contracts
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • March 31st, 2023 • Molekule Group, Inc. • Industrial & commercial fans & blowers & air purifing equip
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 22, 2021 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and MOLEKULE, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT (SECOND MEZZANINE)Mezzanine Loan and Security Agreement • May 12th, 2008 • Station Casinos Inc • Services-miscellaneous amusement & recreation • New York
Exhibit 10.95 MEZZANINE LOAN AND SECURITY AGREEMENT (Third Mezzanine) Dated as of January 9, 2006Mezzanine Loan and Security Agreement • March 31st, 2006 • CNL Hotels & Resorts, Inc. • Lessors of real property, nec • New York
THIRD AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT AMONG OP SPE BORROWER PARENT, LLC, as Parent Borrower, OP SPE PHX1, LLC, as a Borrower, OP SPE TPA1, LLC, as a Borrower, and as the Lender Dated as of November 6, 2023Mezzanine Loan and Security Agreement • November 9th, 2023 • Offerpad Solutions Inc. • Real estate agents & managers (for others) • New York
This Third Amended and Restated Mezzanine Loan and Security Agreement, dated as of November 6, 2023, is by and among OP SPE Borrower Parent, LLC, a Delaware limited liability company (“Parent Borrower”), and OP SPE PHX1, LLC, a Delaware limited liability company, and OP SPE TPA1, LLC, a Delaware limited liability company (each, a “Borrower” and, collectively with Parent Borrower, the “Borrowers”), on the one hand, and LL Private Lending Fund II, L.P., a Delaware limited partnership, as lender (the “Lender”), on the other hand.
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • June 23rd, 2022 • Grove Collaborative Holdings, Inc. • Retail-catalog & mail-order houses • Delaware
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 30, 2021 (the “Effective Date”), among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) HERCULES CAPITAL, INC., a Maryland corporation (“Hercules”), as a lender (SVB and Hercules and each of the other “Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) GROVE COLLABORATIVE, INC., a Delaware public benefit corporation (“Borrower”), provides the terms on which Agent and the Lenders shall lend to Borrower, and Borrower shall repay Agent and the Lenders. The parties agree as follows:
ContractMezzanine Loan and Security Agreement • May 5th, 2020 • Delaware
EX-10.14 17 s-1exhibit1014.htm EXHIBIT 10.14 Exhibit 10.14 MEZZANINE LOAN AND SECURITY AGREEMENT THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 17, 2016 (the “Effective Date”) by and between SILICON VALLEY BANK, a California corporation (“Bank”), and QUANTENNA COMMUNICATIONS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows: 1ACCOUNTING AND OTHER TERMS Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP (except for non-compliance with FASB ASC Topic 718 and other non-cash items in the monthly reporting); provided that if at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either Borrower or Bank shall so request, Borrower and Bank shall negotiate in good faith to amend such rati
EX-10.20 21 d94993dex1020.htm MEZZANINE LOAN AND SECURITY AGREEMENT, DATED SEPTEMBER 25, 2015 EXECUTION VERSION MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • May 5th, 2020 • Washington
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 25, 2015 (the “Effective Date”) among SG ENTERPRISES II, LLC, a Washington limited liability company (the “Lender”), and IMPINJ, INC., a Delaware corporation (“Borrower”), and provides the terms on which Lender shall lend to Borrower, and Borrower shall repay Lender. The parties agree as follows:
MEZZANINE LOAN AND SECURITY AGREEMENT Dated as of September 1, 2006 Between SHR SCOTTSDALE MEZZ X-1, L.L.C. and SHR SCOTTSDALE MEZZ Y-1, L.L.C. as Mezzanine Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP., as Mezzanine LenderMezzanine Loan and Security Agreement • November 8th, 2006 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT, dated as of September 1, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between SHR SCOTTSDALE MEZZ X-1, L.L.C., a Delaware limited liability company and SHR SCOTTSDALE MEZZ Y-1, L.L.C., a Delaware limited liability company, (each a “Co-Mezzanine Borrower” and collectively, on a joint and several liability basis, the “Mezzanine Borrower”) having an office c/o Strategic Hotel Funding, L.L.C., 77 West Wacker, Suite 4600, Chicago, Illinois 60601 and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having an address at 388 Greenwich Street, New York, New York 10013 (together with its successors and assigns, “Mezzanine Lender”).
MEZZANINE LOAN AND SECURITY AGREEMENT (Intermediate Mezzanine) Dated as of February 9, 2005 Between CNL HOTEL DEL INTERMEDIATE MEZZ PARTNERS, LP as Mezzanine Borrower and GERMAN AMERICAN CAPITAL CORPORATION, as Mezzanine LenderMezzanine Loan and Security Agreement • March 16th, 2005 • CNL Hotels & Resorts, Inc. • Lessors of real property, nec • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (Intermediate Mezzanine), dated as of February 9, 2005 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between CNL HOTEL DEL INTERMEDIATE MEZZ PARTNERS, LP, a Delaware limited partnership (Mezzanine Borrower) having an office c/o CNL Hotels & Resorts, Inc., Center at City Commons, 450 South Orange Avenue, Orlando, Florida 32801 and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and assigns, Mezzanine Lender).
MEZZANINE LOAN AND SECURITY AGREEMENT (FIRST MEZZANINE) Dated as of March 27, 2012 Between NEW PRP MEZZ 1, LLC as Borrower and GERMAN AMERICAN CAPITAL CORPORATION and BANK OF AMERICA, N.A. collectively, as LenderMezzanine Loan and Security Agreement • April 6th, 2012 • Bloomin' Brands, Inc. • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (FIRST MEZZANINE) dated as of March 27, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between NEW PRP MEZZ 1, LLC, a Delaware limited liability company (“Borrower”), having an office at 2202 North West Shore Blvd., Suite 470C, Tampa, Florida 33607, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, New York, New York 10005, and BANK OF AMERICA, N.A., a national banking association, having an address at Hearst Tower, 214 North Tryon Street, Charlotte, North Carolina 28255 (each, together with their respective successors and assigns, a “Co-Lender”, and, collectively, “Lender”).
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • May 20th, 2021 • Nebula Caravel Acquisition Corp. • Services-personal services • California
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of August 5, 2019 (the "Effective Date") among (a) SILICON VALLEY BANK, a California corporation ("SVB"), in its capacity as administrative agent and collateral agent ("Agent"), (b) SVB, as a lender, (c) WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership ("WestRiver"), as a lender (SVB and WestRiver and each of the other "Lenders" from time to time a party hereto are referred to herein collectively as the "Lenders" and each individually as a "Lender"), and (d) A PLACE FOR ROVER, INC., a Delaware corporation ("Borrower"), provides the terms on which Agent and the Lenders shall lend to Borrower and Borrower shall repay Agent and the Lenders. The parties agree as follows:
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • August 2nd, 2021 • Lantronix Inc • Computer communications equipment
This MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 2, 2021 (the “Effective Date”), by and among (a) SVB INNOVATION CREDIT FUND VIII, L.P., a Delaware limited partnership (“Lender”), (b) Lantronix, Inc., a Delaware corporation (“Lantronix”), (c) Lantronix Holding Company, a Delaware corporation (“Holding”), (d) Lantronix TECHNOLOGIES CANADA (TAIWAN) LTD., a Canadian corporation (“Lantronix Taiwan”), (e) Lantronix CANADA, ULC, a Canadian corporation (“Lantronix ULC”) and (f) TRANSITION NETWORKS, INC., a Minnesota corporation (“TNI” and together with Lantronix, Holding, Lantronix Taiwan, and Lantronix ULC, individually, collectively, jointly and severally, “Borrower”). This Agreement provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
SECOND AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • June 23rd, 2022 • Grove Collaborative Holdings, Inc. • Retail-catalog & mail-order houses
This Second Amendment to Mezzanine Loan and Security Agreement (this “Amendment”) is entered into this 16th day of June, 2022, by and between (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) HERCULES CAPITAL, INC., a Maryland corporation (“Hercules”), as a lender (SVB and Hercules and each of the other “Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”) and (d) GROVE COLLABORATIVE, INC., a Delaware public benefit corporation, formerly known as Treehouse Merger Sub II, LLC, a Delaware limited liability company (“Borrower”).
THIRD AMENDMENT TO AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT, AMENDMENT TO RECOURSE GUARANTY, OMNIBUS AMENDMENT TO LOAN DOCUMENTS AND REAFFIRMATION OF GUARANTEES AND ENVIRONMENTAL INDEMNITYMezzanine Loan and Security Agreement • October 18th, 2023 • NRI Real Estate Investment & Technology, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT, AMENDMENT TO RECOURSE GUARANTY, OMNIBUS AMENDMENT TO LOAN DOCUMENTS AND REAFFIRMATION OF GUARANTEES AND ENVIRONMENTAL INDEMNITY (this “Amendment and Reaffirmation”) is made as of October 12, 2023 (the “Effective Date”), by and among STWD 2021-FL2, LTD., an exempted company with limited liability under the laws of the Cayman Islands, as successor-in-interest to Initial Lender (defined below) (in such capacity, together with its successors and assigns, “Lender”), 1350 S DIXIE MEZZ BORROWER LLC, a Delaware limited liability company (“Borrower”), STWD 2021-FL2, LTD., an exempted company with limited liability under the laws of the Cayman Islands, as successor-in-interest to Starwood Property Mortgage Sub-12-A, L.L.C., a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, “Administrative Agent”), and CHARLES D. NOLAN, JR., a
MEZZANINE LOAN AND SECURITY AGREEMENT among ASSET CAPITAL PARTNERS, L.P., a Delaware limited partnership (“Lender”), and BTR MILLER, LLC, a Delaware limited liability company (“Borrower”) Dated: February 15, 2006Mezzanine Loan and Security Agreement • July 5th, 2006 • Asset Capital Corporation, Inc. • Real estate dealers (for their own account) • Maryland
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) is made as of February 15, 2006 by and among ASSET CAPITAL PARTNERS, L.P., a Delaware limited partnership (the “Lender”) and BTR MILLER, LLC, a Delaware limited liability company (the “Borrower”).
FIRST AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENT (SECOND MEZZANINE)Mezzanine Loan and Security Agreement • March 3rd, 2014 • Bloomin' Brands, Inc. • Retail-eating places
THIS FIRST AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENT (SECOND MEZZANINE) (this “Amendment”), dated as of January 3, 2014 (the “Effective Date”), is made by and between NEW PRP MEZZ 2, LLC, a Delaware limited liability company (“Borrower”), OSI HOLDCO I, INC., a Delaware corporation (“Guarantor”) and ANNALY CRE HOLDINGS LLC (formerly known as CreXus S Holdings LLC), a Delaware limited liability company (together with its successors and assigns, “Lender”), as secured party. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Loan Agreement (defined below).
AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT Dated as of November 19, 2021 made by and among 1350 S DIXIE MEZZ BORROWER LLC, as Borrower, STARWOOD PROPERTY MORTGAGE SUB-12-A, L.L.C., as Initial Lender and STARWOOD PROPERTY MORTGAGE...Mezzanine Loan and Security Agreement • February 14th, 2022 • NRI Real Token Inc. • New York
WHEREAS, Borrower obtained a loan from Lenders in the maximum aggregate principal amount of up to $33,750,000.00 (the “Loan”) pursuant to that certain Mezzanine Loan and Security Agreement, dated as of May 10, 2021, by and among Borrower, Lenders and Administrative Agent (the “Original Loan Agreement”);
WAIVER AND SECONDAMENDMENT TO MEZZANINE LOAN AND SECURITYAGREEMENTMezzanine Loan and Security Agreement • March 2nd, 2022 • Verrica Pharmaceuticals Inc. • Pharmaceutical preparations
This Waiver and Second Amendment to Loan and Security Agreement(this “Amendment” ) is entered into this 1st day of March,2022 by and among (a) SILICONVALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) SVB INNOVATION CREDIT FUND VIII, L.P., a Delaware limited partnership (“SVB Innovation Fund”), as a lender (SVB and SVB Innovation Fund and each of the other “ Lenders” from time to time a party heretoare referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) VERRICA PHARMACEUTICALS INC., a Delawarecorporation (“Borrower”), whose address is 44 West Gay Street, Suite 400, West Chester, Pennsylvania 19380.
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • November 6th, 2020 • Upstart Holdings, Inc. • Finance services • California
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 22, 2018 (the “Effective Date”) among SILICON VALLEY BANK, a California corporation (“Bank”), UPSTART HOLDINGS, INC., a Delaware corporation (“Upstart Holdings”), and UPSTART NETWORK, INC., a Delaware corporation (“Upstart Network”, and together with Upstart Holdings, each a “Co-Borrower” and collectively, “Co-Borrowers”), provides the terms on which Bank shall lend to Co-Borrowers, and Co-Borrowers shall repay Bank. The parties agree as follows:
to MEZZANINE Loan and security agreementMezzanine Loan and Security Agreement • March 17th, 2021 • Verrica Pharmaceuticals Inc. • Pharmaceutical preparations
This First Amendment to Loan and Security Agreement (this “Amendment” ) is entered into this 26th day of October, 2020 by and among (a) SILICON VALLEY BANK, a California corporation (“SVB” ), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership (“WestRiver”), as a lender (SVB and WestRiver and each of the other “ Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) VERRICA PHARMACEUTICALS INC., a Delaware corporation (“Borrower”), whose address is 10 North High Street, Suite 200, West Chester, Pennsylvania 19380.
MEZZANINE LOAN AND SECURITY AGREEMENT (Junior Mezzanine) Dated as of April 7, 2005 Between CNL HOTEL DEL JUNIOR MEZZ PARTNERS, LP as Mezzanine Borrower and GERMAN AMERICAN CAPITAL CORPORATION, as Mezzanine LenderMezzanine Loan and Security Agreement • May 16th, 2005 • CNL Hotels & Resorts, Inc. • Lessors of real property, nec • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (Junior Mezzanine), dated as of April 7, 2005 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between CNL HOTEL DEL JUNIOR MEZZ PARTNERS, LP, a Delaware limited partnership (Mezzanine Borrower) having an office c/o CNL Hotels & Resorts, Inc., Center at City Commons, 450 South Orange Avenue, Orlando, Florida 32801 and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and assigns, Mezzanine Lender).
FIRST AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • February 17th, 2015 • MaxPoint Interactive, Inc. • Services-advertising
This First Amendment to Mezzanine Loan and Security Agreement (this “Amendment”) is entered into this 12th day of February, 2015, by and between SILICON VALLEY BANK (“Bank”) and MAXPOINT INTERACTIVE, INC., a Delaware corporation (“Borrower”) whose address is 3020 Carrington Mill Blvd, Suite 300, Morrisville, North Carolina 27560.
FIRST AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • June 23rd, 2022 • Grove Collaborative Holdings, Inc. • Retail-catalog & mail-order houses
This First Amendment to Mezzanine Loan and Security Agreement (this “Amendment”) is entered into this 9th day of May, 2022, by and among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) HERCULES CAPITAL, INC., a Maryland corporation (“Hercules”), as a lender (SVB and Hercules and each of the other “Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”) and (d) GROVE COLLABORATIVE, INC., a Delaware public benefit corporation (“Borrower”).
MEZZANINE LOAN AND SECURITY AGREEMENT Dated as of September 1, 2006 Between SHR SCOTTSDALE MEZZ X-1, L.L.C. and SHR SCOTTSDALE MEZZ Y-1, L.L.C. as Mezzanine Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP., as Mezzanine LenderMezzanine Loan and Security Agreement • February 25th, 2010 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT, dated as of September 1, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between SHR SCOTTSDALE MEZZ X-1, L.L.C., a Delaware limited liability company and SHR SCOTTSDALE MEZZ Y-1, L.L.C., a Delaware limited liability company, (each a “Co-Mezzanine Borrower” and collectively, on a joint and several liability basis, the “Mezzanine Borrower”) having an office c/o Strategic Hotel Funding, L.L.C., 77 West Wacker, Suite 4600, Chicago, Illinois 60601 and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having an address at 388 Greenwich Street, New York, New York 10013 (together with its successors and assigns, “Mezzanine Lender”).
FIRST AMENDMENT TO AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT AND REAFFIRMATION OF GUARANTEES AND ENVIRONMENTAL INDEMNITYMezzanine Loan and Security Agreement • February 14th, 2022 • NRI Real Token Inc.
THIS FIRST AMENDMENT TO AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT, OMNIBUS AMENDMENT TO LOAN DOCUMENTS AND REAFFIRMATION OF GUARANTEES AND ENVIRONMENTAL INDEMNITY (this “Amendment and Reaffirmation”) is made as of February 14, 2022 (the “Effective Date”), by and among STWD 2021-FL2, LTD., an exempted company with limited liability under the laws of the Cayman Islands, as successor-in-interest to Initial Lender (defined below) (in such capacity, together with its successors and assigns, “Lender”), 1350 S DIXIE MEZZ BORROWER LLC, a Delaware limited liability company (“Borrower”), STWD 2021-FL2, LTD., an exempted company with limited liability under the laws of the Cayman Islands, as successor-in-interest to Starwood Property Mortgage Sub-12-A, L.L.C., a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, “Administrative Agent”), and CHARLES D. NOLAN, JR., an individual (“Guarantor”).
MEZZANINE LOAN AND SECURITY AGREEMENT (SECOND MEZZANINE) Dated as of March 27, 2012 Between NEW PRP MEZZ 2, LLC as Borrower and GERMAN AMERICAN CAPITAL CORPORATION and BANK OF AMERICA, N.A. collectively, as LenderMezzanine Loan and Security Agreement • April 6th, 2012 • Bloomin' Brands, Inc. • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (SECOND MEZZANINE) dated as of March 27, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between NEW PRP MEZZ 2, LLC, a Delaware limited liability company (“Borrower”), having an office at 2202 North West Shore Blvd., Suite 470C, Tampa, Florida 33607, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, New York, New York 10005, and BANK OF AMERICA, N.A., a national banking association, having an address at Hearst Tower, 214 North Tryon Street, Charlotte, North Carolina 28255 (each, together with their respective successors and assigns, a “Co-Lender”, and, collectively, “Lender”).
RECITALS:Mezzanine Loan and Security Agreement • May 13th, 2004 • Maguire Properties Inc • Real estate • New York
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • June 8th, 2015 • Xactly Corp • Services-prepackaged software
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 24, 2014 (the “Effective Date”) between SILICON VALLEY BANK (“Bank”), and XACTLY CORPORATION (“Parent”) and CENTIVE, INC. (together with Parent, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Texas
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 28, 2020 (the “Effective Date”) among (a) WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership (“Lender”), and (b)(i) BIGCOMMERCE HOLDINGS, INC., a Delaware corporation (“Delaware Borrower”), (ii) BIGCOMMERCE, INC., a Texas corporation (“Texas Borrower”), and (iii) BIGCOMMERCE PTY LTD ACN 107 422 631, a company incorporated under the laws of Australia (“Australian Borrower”; and together with Delaware Borrower and Texas Borrower, jointly and severally, individually and collectively, “Borrower”) provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender.
FIRST AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENT (FIRST MEZZANINE)Mezzanine Loan and Security Agreement • March 3rd, 2014 • Bloomin' Brands, Inc. • Retail-eating places
THIS FIRST AMENDMENT TO MEZZANINE LOAN AND SECURITY AGREEMENT (FIRST MEZZANINE) (this “Amendment”), dated as of January 3, 2014 (the “Effective Date”), is made by and between NEW PRP MEZZ 1, LLC, a Delaware limited liability company (“Borrower”), OSI HOLDCO I, INC., a Delaware corporation (“Guarantor”), ATHENE ANNUITY & LIFE ASSURANCE COMPANY, a Delaware corporation (together with its successors and assigns, “Athene”), THORNBURG STRATEGIC INCOME FUND, one in a series of Thornburg Investment Trust, a Massachusetts business trust organized as a diversified, open-end management investment company under a Declaration of Trust (together with its successors and assigns, “Thornburg Strategic”), THORNBURG INVESTMENT INCOME BUILDER FUND, one in a series of Thornburg Investment Trust, a Massachusetts business trust organized as a diversified, open-end management investment company under a Declaration of Trust (together with its successors and assigns, “Thornburg Investment”) and NEWCASTLE CDO IX
SECOND AMENDMENT TO AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT, AMENDMENT TO CARRY GUARANTY AND REAFFIRMATION OF GUARANTEES AND ENVIRONMENTAL INDEMNITYMezzanine Loan and Security Agreement • October 18th, 2022 • NRI Real Estate Investment & Technology, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO AMENDED AND RESTATED MEZZANINE LOAN AND SECURITY AGREEMENT, AMENDMENT TO CARRY GUARANTY AND REAFFIRMATION OF GUARANTEES AND ENVIRONMENTAL INDEMNITY (this “Amendment and Reaffirmation”) is made as of September 23, 2022 (the “Effective Date”), by and among STWD 2021-FL2, LTD., an exempted company with limited liability under the laws of the Cayman Islands, as successor-in-interest to Initial Lender (defined below) (in such capacity, together with its successors and assigns, “Lender”), 1350 S DIXIE MEZZ BORROWER LLC, a Delaware limited liability company (“Borrower”), STWD 2021-FL2, LTD., an exempted company with limited liability under the laws of the Cayman Islands, as successor-in-interest to Starwood Property Mortgage Sub-12-A, L.L.C., a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, “Administrative Agent”), and CHARLES D. NOLAN, JR., an individual (“Guarantor”).
MEZZANINE LOAN AND SECURITY AGREEMENT (Senior Mezzanine) Dated as of February 9, 2005 Between CNL HOTEL DEL SENIOR MEZZ PARTNERS, LP as Mezzanine Borrower and GERMAN AMERICAN CAPITAL CORPORATION, as Mezzanine LenderMezzanine Loan and Security Agreement • March 16th, 2005 • CNL Hotels & Resorts, Inc. • Lessors of real property, nec • New York
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (Senior Mezzanine), dated as of February 9, 2005 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between CNL HOTEL DEL SENIOR MEZZ PARTNERS, LP, a Delaware limited partnership (Mezzanine Borrower) having an office c/o CNL Hotels & Resorts, Inc, Center at City Commons, 450 South Orange Avenue, Orlando, Florida 32801 and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and assigns, Mezzanine Lender).
