AMENDED AND RESTATED MAUI LAND & PINEAPPLE COMPANY, INC. CHANGE-IN-CONTROL SEVERANCE AGREEMENT (Vice Presidents) Scott A. Crockford, Vice President/Retail PropertyMaui Land & Pineapple Co Inc • March 26th, 1999 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1999 Industry
MAUI LAND & PINEAPPLE COMPANY, INC. CHANGE-IN-CONTROL SEVERANCE AGREEMENT Scott A. Crockford Vice President/Retail Property ARTICLE I. ESTABLISHMENT AND PURPOSE.Maui Land & Pineapple Co Inc • March 26th, 1998 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1998 Industry
THIRD AMENDMENT TO NOTE PURCHASE AGREEMENT This Third Amendment to the Note Purchase Agreement (this "Amendment") is issued as of March 31, 1997, to Maui Land & Pineapple Company, Inc. ("Company") by John Hancock Mutual Life Insurance Company ("John...Note Purchase Agreement • May 14th, 1997 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMay 14th, 1997 Company Industry Jurisdiction
KAPALUA BAY HOTEL & VILLAS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement • August 13th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledAugust 13th, 2004 Company Industry
SECOND AMENDED AND RESTATED HOTEL GROUND LEASE (THE RITZ-CARLTON, KAPALUA)Maui Land & Pineapple Co Inc • March 23rd, 2001 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 23rd, 2001 Industry
AMENDED AND RESTATED MAUI LAND & PINEAPPLE COMPANY, INC. EXECUTIVE CHANGE-IN- CONTROL SEVERANCE AGREEMENT (President/CEO and Executive Vice Presidents) Gary L. Gifford, President & Chief Executive Officer ARTICLE I. ESTABLISHMENT AND PURPOSE.Maui Land & Pineapple Co Inc • March 26th, 1999 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1999 Industry
SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT (the "Agreement") entered into as of the 15th day of February, 1996 (the "Effective Date"), by and between MAUI HOTELS ("Ritz-Carlton") a Georgia Limited Partnership, KAPALUA INVESTMENT CORP....Supplemental Agreement • March 29th, 1996 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 29th, 1996 Company Industry Jurisdiction
LOAN MODIFICATION AGREEMENT (December 2002) THIS LOAN MODIFICATION AGREEMENT is made as of December 31, 2002 (the "Effective Date"), by and among MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation, hereinafter called the "Borrower", and BANK OF...Loan Modification Agreement • March 26th, 2003 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledMarch 26th, 2003 Company Industry
FIRST MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF RENTALS securing Adjustable Interest Rate LoanMaui Land & Pineapple Co Inc • March 29th, 1996 • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Company FiledMarch 29th, 1996 Industry Jurisdiction
RECITALSTerm Loan Agreement • August 13th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • California
Contract Type FiledAugust 13th, 2004 Company Industry Jurisdiction
AMENDED AND RESTATED MAUI LAND & PINEAPPLE COMPANY, INC. EXECUTIVE CHANGE-IN- CONTROL SEVERANCE AGREEMENT (President/CEO and Executive Vice Presidents) Donald A. Young, Executive Vice President/Resort ARTICLE I. ESTABLISHMENT AND PURPOSE.Maui Land & Pineapple Co Inc • March 26th, 1999 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1999 Industry
EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is made and entered into in Honolulu, Hawaii, effective as of the 6th day of October 2003, by and between MAUI LAND & PINEAPPLE COMPANY, INC. ("Company" or "MLP"), a Hawaii corporation,...Employment Agreement • March 25th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 25th, 2004 Company Industry Jurisdiction
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 29th, 2008 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
Contract Type FiledJuly 29th, 2008 Company Industry JurisdictionREGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 27, 2008, by and among Maui Land & Pineapple Company, Inc., a Hawaiian corporation, with headquarters located at P.O. Box 187, Kahului, Maui, Hawaii 96733-6687 (the “Company”), and the undersigned buyers (each, a “Buyer”, and collectively, the “Buyers”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 9, 2009 by and among MAUI LAND & PINEAPPLE COMPANY, INC., as Borrower,Credit Agreement • November 4th, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledNovember 4th, 2009 Company Industry JurisdictionTHIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of October 9, 2009 by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 12.6. (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Administrative Agent”).
CARLSMITH BALL LLP A Limited Liability Law Partnership ASB Tower, Suite 2200 1001 Bishop Street Honolulu, Hawaii 96813 Telephone: 808.523.2500 Fax 808.523.0842 www.carlsmith.com February 17, 2004 Maui Land & Pineapple Company, Inc. 120 Kane Street,...Maui Land & Pineapple Co Inc • February 18th, 2004 • Canned, fruits, veg, preserves, jams & jellies
Company FiledFebruary 18th, 2004 IndustryCARLSMITH BALL LLP A Limited Liability Law Partnership ASB Tower, Suite 2200 1001 Bishop Street Honolulu, Hawaii 96813 Telephone: 808.523.2500 Fax 808.523.0842 www.carlsmith.com
SECOND LOAN MODIFICATION AGREEMENT (March 2003) THIS SECOND LOAN MODIFICATION AGREEMENT is dated as of March 21, 2003, by and among MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation, hereinafter called the "Borrower", and BANK OF HAWAII, a...Second Loan Modification Agreement • March 26th, 2003 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledMarch 26th, 2003 Company Industry
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Amendment") is entered into as of August 6, 2004, by and among YCP KAPALUA L.P., a...Purchase and Sale Agreement and Joint Escrow Instructions • November 12th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledNovember 12th, 2004 Company Industry
THIRD LOAN MODIFICATION AGREEMENT THIS THIRD LOAN MODIFICATION AGREEMENT ("Agreement") is dated as of August 11, 2003, by and among MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation, hereinafter called the "Borrower", and BANK OF HAWAII, a...Third Loan Modification Agreement • August 13th, 2003 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledAugust 13th, 2003 Company Industry
FIRST LOAN MODIFICATION AGREEMENTFirst Loan Modification Agreement • March 26th, 1998 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 26th, 1998 Company Industry Jurisdiction
FOURTH LOAN MODIFICATION AGREEMENT THIS FOURTH LOAN MODIFICATION AGREEMENT ("this Agreement") is dated as of December 31, 2003, by and among MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation, hereinafter called the "Borrower", and BANK OF...Fourth Loan Modification Agreement • March 25th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledMarch 25th, 2004 Company Industry
LOAN AGREEMENTLoan Agreement • May 14th, 1997 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • California
Contract Type FiledMay 14th, 1997 Company Industry Jurisdiction
THIRD AMENDMENT OF HOTEL GROUND LEASE THIS THIRD AMENDMENT OF HOTEL GROUND LEASE (the "Amendment") is dated and effective as of September 5, 1996 and made by and between MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation ("Lessor"), whose...Maui Land & Pineapple Co Inc • November 12th, 1996 • Canned, fruits, veg, preserves, jams & jellies
Company FiledNovember 12th, 1996 Industry
MAUI LAND & PINEAPPLE COMPANY, INC. STOCK OPTION AGREEMENT FOR DAVID COLE Agreement dated October 6, 2003 between Maui Land & Pineapple Company, Inc., a Hawaii corporation ("Company"), whose principal place of business is in the State of Hawaii, and...Stock Option Agreement • March 25th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 25th, 2004 Company Industry Jurisdiction
MAUI LAND & PINEAPPLE COMPANY, INC. CHANGE-IN-CONTROL SEVERANCE AGREEMENT Warren A. Suzuki Vice President/Land Management ARTICLE I. ESTABLISHMENT AND PURPOSE.Maui Land & Pineapple Co Inc • March 26th, 1998 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1998 Industry
MAUI LAND & PINEAPPLE COMPANY, INC. EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AGREEMENT Gary L. Gifford President/CEO ARTICLE I. ESTABLISHMENT AND PURPOSE.Maui Land & Pineapple Co Inc • March 26th, 1998 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1998 Industry
TERM LOAN AGREEMENTTerm Loan Agreement • August 16th, 1999 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • California
Contract Type FiledAugust 16th, 1999 Company Industry Jurisdiction
Date)Maui Land & Pineapple Co Inc • August 13th, 2003 • Canned, fruits, veg, preserves, jams & jellies
Company FiledAugust 13th, 2003 Industry
MAUI LAND & PINEAPPLE COMPANY, INC. EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AGREEMENT Donald A. Young Executive Vice President/Resort ARTICLE I. ESTABLISHMENT AND PURPOSE.Maui Land & Pineapple Co Inc • March 26th, 1998 • Canned, fruits, veg, preserves, jams & jellies
Company FiledMarch 26th, 1998 Industry
Tax Map Key No.: (2) 4-3-3-109 MORTGAGE, SECURITY AGREEMENT AND FINANCING STATEMENT This Mortgage, Security Agreement and Financing Statement ("Mortgage"), dated Nov. 27 , 1996, is made by MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corpora- tion,...Mortgage, Security Agreement and Financing Statement • March 26th, 1997 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies
Contract Type FiledMarch 26th, 1997 Company Industry
D) Neither the Borrower nor any Subsidiary will make any Capital Expenditures or any Investments, or both, in any of the fiscal years listed below in column (a) which, together with all other Capital Expendituresand Investments made by the Borrower...Seventh Loan Modification Agreement • March 29th, 1996 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 29th, 1996 Company Industry Jurisdiction
December 24, 2003 Mr. Donald A. Young 307 Paani Place Paia, HI 96779 Re: Employment Separation Agreement Dear Don: Thank you for meeting with me to discuss your separation from Maui Land & Pineapple Company, Inc. ("MLP"). Based on our discussion, this...Maui Land & Pineapple Co Inc • March 25th, 2004 • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Company FiledMarch 25th, 2004 Industry Jurisdiction
RECITALS:Consulting Services Agreement • March 25th, 2004 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 25th, 2004 Company Industry Jurisdiction
WITNESSETH THAT: WHEREAS, Kaptel, NI Hawaii and The Long-Term Credit Bank of Japan, Ltd. (the "Lender") entered into a Letter of Credit Agreement dated September 26, 1990, as additional security for obligations of Kaptel under that certain...Dissolution Agreement • November 13th, 1995 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledNovember 13th, 1995 Company Industry Jurisdiction
SALE, PURCHASE AND ESCROW AGREEMENTSale, Purchase and Escrow Agreement • April 1st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledApril 1st, 2009 Company Industry JurisdictionThis Sale, Purchase and Escrow Agreement (this “Agreement”), dated as of March 17, 2009 (the “Effective Date”), is made by and among MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation (“MLP”), KAPALUA LAND COMPANY, LTD., a Hawaii corporation (“KLC” and collectively with MLP, “Seller”), and TY MANAGEMENT CORPORATION, a Hawaii corporation (“Purchaser”), and constitutes (i) a contract of sale and purchase between the parties and (ii) an escrow agreement among Seller, Purchaser and TITLE GUARANTY ESCROW SERVICES, INC. (“Escrow Agent”), the consent of which appears at the end hereof.
AMENDED AND SECOND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT THIS AMENDED AND SECOND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (the "Amendment and Restatement"), dated as of December 4, 1998, by and among MAUI LAND & PINEAPPLE COMPANY,...Revolving Credit and Term Loan Agreement • March 26th, 1999 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • Hawaii
Contract Type FiledMarch 26th, 1999 Company Industry Jurisdiction