MODIFICATION AGREEMENT (SBA)
Exhibit
6.7
MODIFICATION AGREEMENT (SBA)
XXXXX FARGO BANK, National
Association, (“Lender”) has extended credit (the
“Loan”) to THE GOOD EARTH ORGANICS SUPPLY
LLC (individually and
collectively “Borrower”) pursuant to a promissory note,
loan or credit agreement, confirmation letter and disclosure, or
other evidence of debt dated July 12,
2016,, as amended from time to
time, in the original principal amount of $350,000.00 (the “Note”).revolving line of credit
with a current outstanding balance of $200,000.00.
The Note and any loan agreements, guaranties,
subordinations, deeds of trust, mortgages, security agreements and
any other instruments and documents executed in connection
therewith, together with any previous modifications to any of these
instruments or documents, shall be referred to as the “Loan
Documents.” This Modification Agreement
(this “Modification”) constitutes an amendment of the
Note and is not intended to be, and shall not be deemed to
constitute, a novation thereof.
Lender,
Borrower, and any other parties signing this Modification (the
“Parties”) have agreed to certain changes in the terms
and conditions set forth in the Loan Documents and have agreed to
amend the Loan Documents to reflect said changes, as set forth
herein. For valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as
follows:
The maturity date of the Note is hereby modified
to be November 09,
2020, with the understanding
that scheduled monthly interest
payments shall continue to be due
until the new maturity date, at which time all unpaid principal,
accrued interest, and any other unpaid amounts shall be due and
payable in full.
The maximum principal amount of the Note is hereby
reduced to $250,000.00 this amount is the maximum amount that will be
available for funding under the line of credit evidenced by the
Note (the “Credit Limit”). If the current balance of
the Note exceeds this amount, the excess amount outstanding is due
and payable immediately. Borrower agrees not to request an advance
if it would result in the violation of any applicable loan
condition or covenant. However, Lender may in its discretion allow
Borrower to request and receive advances even if applicable loan
conditions are not satisfied, and/or the advance results in
violation of loan agreements or covenants, and even though the
advance may cause the principal balance to exceed the Credit Limit.
In such cases, Lender shall not be deemed to have waived such loan
conditions, requirements or covenants, and Lender may strictly
enforce all such loan conditions, requirements and covenants at any
time in its discretion. If at any time the outstanding balance of
the Note should exceed the Credit Limit, then Borrower shall
immediately make a payment in an amount sufficient to reduce the
principal balance to an amount which does not exceed the Credit
Limit applicable at that time. This provision shall not be
construed to limit the right of Lender to advance funds at
Borrower’s expense to protect or preserve collateral or
otherwise act pursuant to applicable terms of the Loan
Documents.
APPLICATION OF PAYMENTS.
Each payment made on this Note shall
be credited first to any interest then due, then to the outstanding
principal balance, and then to any late charges, fees or other
amounts due.
The effective date of the modifications set forth
herein shall be November 4,
2019.
Except
as specifically provided herein, all terms and conditions of the
Loan Documents (as modified by any previous written agreements)
remain in full force and effect, without waiver or modification,
and are hereby ratified and confirmed as valid and enforceable in
all respects. To the extent of any conflict between the terms of
this Modification and the terms of any Loan Documents, the terms of
this Modification shall control. All terms defined in the Loan
Documents shall have the same meaning when used in this
Modification. Each undersigned Borrower, whether or not presently
liable for payment of the indebtedness, hereby ratifies and
confirms his/her/its respective liability for payment of same and
agrees to pay same in the capacity stated.
Borrower
certifies that as of the date of this Modification there exists no
event of default under the loan, nor any condition, act or event
which with the giving of notice or the passage of time or both
would constitute any such event of default, other than those which
Borrower has reported to Lender. Borrower further certifies that,
notwithstanding the modifications set forth herein, any and all the
real property securing the loan shall remain subject to the lien,
charge or encumbrance of the deed of trust, mortgage or other
document pursuant to which such lien, charge or encumbrance is
created, and nothing contained herein or done pursuant hereto shall
affect or be construed to affect the priority of the lien, charge
or encumbrance of any such deed of trust, mortgage or other
document over any other liens, charges or
encumbrances.
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COLLATERAL EXCLUSIONS.
No deed of trust, mortgage, security
deed, or similar real estate collateral agreement (“Lien
Document”), nor any personal property security agreement
(“Security Agreement”), shall secure the Loan unless
such Lien Document or Security
Agreement
specifically describes the Credit Instrument as a part of the
indebtedness secured thereby. As used herein, the Credit Instrument
means either (i) the Note or this Modification or (ii) a promissory
note, Confirmation Letter or other evidence of indebtedness which
has been modified, renewed or extended in whole or in part by this
Modification. This exclusion shall apply notwithstanding the fact
that such Lien Document or Security Agreement may appear to secure
the Loan by virtue of a cross-collateralization provision or other
provisions expanding the scope of the secured
obligations.
SUPPLEMENTAL PROVISIONS
CONCERNING CROSS-COLLATERALIZATION AND PERSONAL PROPERTY.
Notwithstanding anything to the
contrary in any Lien Document which specifically describes the
Credit Instrument as a part of the indebtedness secured thereby,
(1) any cross-collateralization provision and any other provisions
contained therein expanding the scope of the secured obligations
beyond the Secured Debt, any related “swap agreements”
(as defined in 11 U.S.C. Section 101), and obligations to protect
and preserve collateral, shall have no force or effect, and (2) any
lien or security interest granted in such Lien Document upon
personal property shall not include any items of personal property
located in a Covered Structure unless all applicable requirements
of the Act, if any, have been satisfied with respect to such items
of personal property. As used herein, “Secured Debt”
means the Loan and any other notes or agreements evidencing
indebtedness specifically described or listed in and expressly
secured by any such Lien Document(s) and modifications, renewals,
and extensions of such notes and agreements, and “Covered
Structure” means a building or mobile home as defined in the
National Flood Insurance Act (as amended) and its implementing
regulations (collectively, the “Act”) located in an
area designated by the Administrator of the Federal Emergency
Management Agency as a special flood hazard area which requires
flood insurance pursuant to the terms of the
Act.
ACCOUNTING CHANGES.
If at any time any change in generally
accepted accounting principles would affect the computation of any
covenant (including the computation of any financial covenant)
and/or pricing grid set forth in this Agreement or any other
Related Documents, Borrower and Lender shall negotiate in good
faith to amend such covenant and/or pricing grid to preserve the
original intent in light of such change; provided, that, until so
amended, (i) such covenant and/or pricing grid shall continue to be
computed in accordance with the application of generally accepted
accounting principles prior to such change and (ii) Borrower shall
provide to Lender a written reconciliation in form and substance
reasonably satisfactory to Lender, between calculations of such
covenant and/or pricing grid made before and after giving effect to
such change in generally accepted accounting
principles.
Document Delivery and
Electronic Transmission of Documents. Each party or person signing this agreement
(referred to in this paragraph as “you”) agrees that
Lender may, in its sole discretion, rely upon any document, report,
financial statement, tax return, agreement or other communication
(“Document”) physically delivered to Lender by mail,
hand delivery or delivery service which Lender in good faith
believed was sent by you or any of your representatives or
employees. Similarly, Lender may, in its sole discretion, rely upon
any Document sent by email, facsimile or other electronic means to
Lender which Lender in good faith believed was sent by you or any
of your representatives or employees. Lender may treat the Document
as genuine and authorized to the same extent as if it was an
original document validly executed or authenticated as genuine by
you. Lender may from time to time in its sole discretion reject any
such Document and require a signed original, or require you to
provide acceptable authentication of any such Document before
accepting or relying on same. You understand and acknowledge that
there is a risk that Documents sent by electronic means may be
viewed or received by unauthorized persons, and you agree that by
sending Documents by electronic means, you shall be deemed to have
accepted this risk and the consequences of any such unauthorized
disclosure.
Facsimile and
Counterpart. This document may
be signed in any number of separate copies, each of which shall be
effective as an original, but all of which taken together shall
constitute a single document. An electronic transmission or other
facsimile of this document or any signed document shall be deemed
an original and shall be admissible as evidence of the document and
the signer's execution.
Release
of Claims. The parties signing
this agreement (each an “Obligor” and collectively,
“Obligors”) each hereby expressly waive, release and
absolutely and forever discharge Lender and Xxxxx Fargo &
Company and their present and former shareholders, directors,
officers, employees, attorneys, insurers, and agents, and their
heirs, personal representatives, successors and assigns, from any
and all liabilities, claims, demands, actions and causes of action,
whether known or unknown, liquidated or unliquidated, and whether
contingent or matured, direct or indirect, that Obligors, or any of
them may now have or have had prior to the date hereof, or that may
hereafter arise with respect to acts, omissions or events occurring
prior to the date hereof, arising out of, or in any way connected
with, the Loan, the loan documents, any “swap
agreement” (as defined in 11 U.S.C. Section 101) between any
Obligor and Lender, or any banking product or service that is
associated with the Loan or any Obligor’s lending
relationship with Lender.
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Waiver of Section
1542 [applicable if Loan is governed
by California law or any Obligor is located in
California]. Each Obligor
understands and acknowledges that there is a risk that after this
agreement is executed, one or more of them will discover facts, or
will discover, suffer or incur actions, claims, debts, liabilities,
demands, obligations, costs, expenses, attorney's fees, actions or
causes of action (collectively, “Claims”), which were unknown or unsuspected at the
time this agreement was executed, which if known or suspected by
such Obligor might have materially affected its decision to agree
to the acknowledgements, agreements, covenants and releases
contained in this agreement(such unknown or unsuspected Claims,
collectively, “Unknown
Claims”). Notwithstanding
that understanding, EACH OBLIGOR ACKNOWLEDGES AND AGREES THAT EACH
(A) HEREBY ASSUMES THE RISK OF AND UNCONDITIONALLY AND IRREVOCABLY
RELEASES ALL CLAIMS AND UNKNOWN CLAIMS, AND (B) IN CONNECTION
THEREWITH, UNCONDITIONALLY
AND
IRREVOCABLY WAIVES ALL RIGHTS AND DEFENSES THAT IT MAY HAVE BASED
UPON OR ARISING UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE,
WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY."
Final
Agreement. The persons and
entities signing below ("Party", or collectively, the "Parties")
acknowledge and agree that each Party's execution of this Agreement
constitutes acknowledgment that such Party (i) agrees that there
are no oral agreements relating to this Loan, (ii) agrees that
agreements will be binding upon Lender only if in writing and
signed by Lender, and (iii) acknowledges receipt of the following
Notice, and to the fullest extent allowed by law, agrees to be
bound by the terms of this Agreement and this
Notice:
NOTICE: THIS DOCUMENT AND ALL OTHER DOCUMENTS RELATING TO THIS LOAN
CONSTITUTE A WRITTEN LOAN
AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES
AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS,
OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES RELATING TO THIS
LOAN.
Arbitration
- Binding Arbitration. Lender
and each party to this agreement hereby agree, upon demand by any
party, to submit any Dispute to binding arbitration in accordance
with the terms of this Arbitration Program. Arbitration may be
demanded before the institution of a judicial proceeding, or during
a judicial proceeding, but not more than 60 days after service of a
complaint, third party complaint, cross-claim, or any answer
thereto, or any amendment to any of such pleadings. A "Dispute"
shall include any dispute, claim or controversy of any kind,
whether in contract or in tort, legal or equitable, now existing or
hereafter arising, relating in any way to any aspect of this
agreement, or any related note, instrument or agreement
incorporating this Arbitration Program (the "Documents"), or any
renewal, extension, modification or refinancing of any indebtedness
or obligation relating thereto, including without limitation, their
negotiation, execution, collateralization, administration,
repayment, modification, extension, substitution, formation,
inducement, enforcement, default or termination, or any request for
additional credit. This provision is a material inducement for the
parties entering into the transactions relating to this Agreement.
In the event of a court ordered arbitration, the party requesting
arbitration shall be responsible for timely filing the demand for
arbitration and paying the appropriate filing fee within 30 days of
the abatement order or the time specified by the court; the
party’s failure to do so shall result in that party’s
right to demand arbitration being automatically terminated with
respect to such Dispute. DISPUTES SUBMITTED TO ARBITRATION ARE NOT
RESOLVED IN COURT BY A JUDGE OR JURY. TO THE EXTENT ALLOWED BY
APPLICABLE LAW, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY
RIGHT THEY
MAY
HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARBITRATED
PURSUANT TO THIS ARBITRATION PROGRAM.
A. Governing
Rules. Any arbitration
proceeding will (i) be governed by the Federal Arbitration Act
(Title 9 of the United States Code), notwithstanding any
conflicting choice of law provision in any of the documents between
the parties; and (ii) be conducted by the American Arbitration
Association ("AAA"), or such other administrator as the parties
shall mutually agree upon, in accordance with the AAA's commercial
dispute resolution procedures, unless the claim or counterclaim is
at least $1,000,000.00 exclusive of claimed interest, arbitration
fees and costs, in which case the arbitration shall be conducted in
accordance with the AAA's optional procedures for large, complex
commercial disputes (the commercial dispute resolution procedures
or the optional procedures for large, complex commercial disputes
are referred to herein, as applicable, as the "Rules"). If there is
any inconsistency between the terms hereof and the Rules, the terms
and procedures set forth herein shall control. Arbitration
proceedings hereunder shall be conducted at a location mutually
agreeable to the parties, or if they cannot agree, then at a
location selected by the AAA in the state of the applicable
substantive law primarily governing the Note.
Any
party who fails or refuses to submit to arbitration following a
demand by any other party shall bear all costs and expenses
incurred by such other party in compelling arbitration of any
Dispute. The arbitrator shall award all costs and expenses of the
arbitration proceeding.
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B. No
Waiver of Provisional Remedies, Self-Help and
Foreclosure. The arbitration
requirement does not limit the right of any party to (i) foreclose
against real or personal property collateral; (ii) exercise
self-help remedies relating to collateral or proceeds of collateral
such as setoff or repossession; or (iii) obtain provisional or
ancillary remedies such as replevin, injunctive relief, attachment
or the appointment of a receiver, before during or after the
pendency of any arbitration proceeding. This exclusion does not
constitute a waiver of the right or obligation of any party to
submit any Dispute to arbitration or reference hereunder, including
those arising from the exercise of the actions detailed in sections
(i), (ii) and (iii) of this paragraph.
C. Arbitrator
Qualifications and Powers. Any
arbitration proceeding in which the amount in controversy is
$5,000,000.00 or less will be decided by a single arbitrator
selected according to the Rules, and who shall not render an award
of greater than $5,000,000.00. Any Dispute in which the amount in
controversy exceeds $5,000,000.00 shall be decided by majority vote
of a panel of three arbitrators; provided however, that all three
arbitrators must actively participate in all hearings and
deliberations. Every arbitrator shall be a neutral practicing
attorney or a retired member of the state or federal judiciary, in
either case with a minimum of ten years’ experience in the
substantive law applicable to the subject matter of the Dispute.
The arbitrator will determine whether or not an issue is
arbitratable and will give effect to the statutes of limitation in
determining any claim. In any arbitration proceeding the arbitrator
will decide (by documents only or with a hearing at the
arbitrator's discretion) any pre-hearing motions which are similar
to motions to dismiss for failure to state a claim or motions for
summary adjudication. The arbitrator shall resolve all Disputes in
accordance with the applicable substantive law and may grant any
remedy or relief that a court of such state could order or grant
within the scope hereof and such ancillary relief as is necessary
to make effective any award. The arbitrator shall also have the
power to award recovery of all costs and fees, to impose sanctions
and to take such other action as the arbitrator deems necessary to
the same extent a judge could pursuant to the Federal Rules of
Civil Procedure, the applicable state rules of civil procedure, or
other applicable law. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction. The
institution and maintenance of an action for judicial relief or
pursuit of a provisional or ancillary remedy shall not constitute a
waiver of the right of any party, including the plaintiff, to
submit the controversy or claim to arbitration if any other party
contests such action for judicial relief.
D. Discovery.
In any arbitration proceeding discovery will be permitted in
accordance with the Rules. All discovery shall be expressly limited
to matters directly relevant to the Dispute being arbitrated and
must be completed no later than 20 days before the hearing date.
Any requests for an extension of the discovery periods, or any
discovery disputes, will be subject to final determination by the
arbitrator upon a showing that the request for discovery is
essential for the party's presentation and that no alternative
means for obtaining information is available.
E. Class
Proceedings and Consolidations. No party hereto shall be entitled to join or
consolidate disputes by or against others in any arbitration, or to
include in any arbitration any dispute as a representative or
member of a class, or to act in any arbitration in the interest of
the general public or in a private attorney general
capacity.
F. Small
Claims Court. Any party may
require that a Dispute be resolved in Small Claims Court if the
Dispute and related claims are fully within that court’s
jurisdiction.
G.
Real
Property Collateral. Notwithstanding anything herein to the contrary,
no Dispute shall be submitted to arbitration if the Dispute
concerns indebtedness secured directly or indirectly, in whole or
in part, by any real property and the Dispute is governed by the
laws of California, Connecticut, Idaho, Kansas, Montana, Nevada,
South Dakota, Virginia or Utah, unless any conditions for
arbitration that may be set forth in the mortgage or deed of trust
are satisfied; if any such Disputes are not referred to
arbitration, then any provision in such mortgage or deed of trust
providing for referral of Disputes to a referee or master under the
laws of California, Connecticut, Idaho, Kansas, Montana, Nevada,
South Dakota, Virginia or Utah shall be applicable to such
Disputes.
H.
State
Specific Provisions:
If Delaware.
Pennsylvania or Virginia law governs the Dispute, the following provision is
applicable if there is a Confession of Judgment in any note,
guaranty or other Documents subject to this Arbitration Program:
Confession of Judgment.
Notwithstanding anything herein to the contrary, the arbitration
requirement does not limit or preclude the right of Lender to
confess judgment pursuant to a warrant of attorney provision set
forth in any note, guaranty or other Documents. No party shall have
the right to demand binding arbitration of any claim, dispute or
controversy seeking to (i) strike-off or open a judgment obtained
by confession pursuant to a warrant of attorney contained in any
note, guaranty or other Documents, or (ii) challenge the waiver of
a right to prior notice and a hearing before judgment is entered,
or after judgment is entered, but before execution upon the
judgment. Any claims, disputes or controversies challenging the
confession of judgment shall be commenced and prosecuted in
accordance with the procedures set forth, and in the forum
specified by the applicable state rules of civil procedure or other
applicable law.
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If Maryland
law governs the Dispute, the following provision is
applicable if there is a Confession of Judgment in any note,
guaranty or other Documents subject to this Arbitration Program:
Confession of Judgment. Notwithstanding anything herein to the contrary,
the arbitration requirement does not limit or preclude the right of
Lender to confess judgment, and no party shall have the right to
demand binding arbitration of any claim, dispute or controversy
seeking to open a judgment obtained by confession. Nothing herein,
including the arbitration requirement, shall limit the right of any
party to foreclose judicially or non-judicially against any real or
personal property collateral, or exercise judicial or non-judicial
power of sale rights. No provision regarding submission to a
jurisdiction and/or venue in any court or the waiver of any right
to trial by jury is intended or shall be construed to be in
derogation of the provisions for arbitration of any dispute. Any
claim or counterclaim or defense raised in connection with
Lender’s exercise of any rights set forth in any note,
guaranty or other Documents subject to this Arbitration Program
shall be subject to the arbitration
requirement.
If South Carolina law governs the
Dispute, the following
provision is included: WAIVER OF JURY
TRIAL. NOTWITHSTANDING ANYTHING
HEREIN TO THE CONTRARY, WITHOUT INTENDING IN ANY WAY TO LIMIT THE
PARTIES' AGREEMENT TO ARBITRATE ANY DISPUTE AS SET FORTH IN THIS
AGREEMENT, TO THE EXTENT ANY DISPUTE IS NOT SUBMITTED TO
ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY ANY COURT WITH
JURISDICTION TO BE NOT ARBITRABLE OR NOT REQUIRED TO BE ARBITRATED,
LENDER AND EACH PARTY TO THIS AGREEMENT WAIVE TRIAL BY JURY IN
RESPECT OF ANY SUCH DISPUTE AND ANY ACTION ON SUCH DISPUTE. THIS
WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY LENDER AND
EACH PARTY, AND LENDER AND EACH PARTY HEREBY REPRESENT THAT NO
REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON OR
ENTITY TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY
MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL
INDUCEMENT FOR THE PARTIES ENTERING INTO THE LOAN DOCUMENTS. LENDER
AND EACH PARTY TO THIS AGREEMENT ARE EACH HEREBY AUTHORIZED TO
FILE
A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF
THIS WAIVER OF JURY TRIAL. EACH PARTY FURTHER REPRESENTS AND
WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIGNING OF THIS
AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL
COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY
INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT
IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH
COUNSEL.
I.
Miscellaneous. To the maximum
extent practicable, the AAA, the arbitrators and the parties shall
take all action required to conclude any arbitration proceedings
within 180 days of the filing of the Dispute with the AAA. No
arbitrator or other party to an arbitration proceeding may disclose
the existence, content or results thereof, except for disclosures
of information by a party required in the ordinary course of its
business or by applicable law or regulation. If more than one
agreement for arbitration by or between the parties potentially
applies to a Dispute, the arbitration provision most directly
related to the documents between the parties or the subject matter
of the Dispute shall control. This arbitration provision shall
survive the repayment of the Note and the termination, amendment or
expiration of any of the Documents or any relationship between the
parties.
SBA REGULATIONS.
The Loan was made under a United
States Small Business Administration (SBA) nationwide program which
uses tax dollars to assist small business owners. If the United
States is seeking to enforce the Note or any rights relating to the
Loan, then under SBA regulations: a) When SBA is the holder of the
Note, this Modification and all documents evidencing or securing
the Loan will be construed in accordance with federal law; and b)
Lender or SBA may use local or state procedures for purposes such
as filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By using these procedures, SBA does not
waive any federal immunity from local or state control, penalty,
tax or liability. No Borrower or Guarantor may claim or assert
against SBA any local or state law to deny any obligation of
Borrower, or defeat any claim of SBA with respect to the Loan. Any
clause in this Modification requiring arbitration is not
enforceable when SBA is the holder of the Note secured by this
Modification.
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IN WITNESS WHEREOF, the parties, intending to be
legally bound, hereto have caused this Modification to be executed
as of November 4,
2019.
XXXXX FARGO BANK, NATIONAL ASSOCIATION
By:
/s/ Xxxx
Xxxxxx
Name: Xxxx
Xxxxxx
Title: Loan
Adjustor
BORROWER:
THE GOOD EARTH ORGANICS SUPPLY LLC
By:
/s/ Xxxxxxx X
Xxxxx
Name: Xxxxxxx X
Xxxxx
Title: Manager
GUARANTOR:
The
undersigned guarantors and/or grantors, having executed a guaranty
or other Loan Document relating to the Loan, are joining in the
execution of this Modification Agreement to indicate their consent
and agreement to its terms and provisions, and to reaffirm and
ratify the terms of such guaranty or other Loan Document, agreeing
that they remain valid and effective in accordance with their terms
(as amended if applicable), and continue to apply with respect to
this Loan.
GUARANTOR:
Xxxxxxx X. Xxxxx
By: /s/
Xxxxxxx X.
Xxxxx
Name: Xxxxxxx X.
Xxxxx
Xxxxxx Trucking Partners LLC
By: /s/
Xxxxxxx X.
Xxxxx
Name: Xxxxxxx X.
Xxxxx
Title: Manager
VVD PARTNERS LLC
By: /s/
Xxxxxxx X.
Xxxxx
Name: Xxxxxxx X.
Xxxxx
Title: Manager
GRANTOR:
The
undersigned grantors, having executed Loan Documents relating to
the Loan, are joining in the execution of this Modification
Agreement to indicate their consent and agreement to its terms and
provisions, and to reaffirm and ratify the terms of such Loan
Documents, agreeing that they remain valid and effective in
accordance with their terms (as amended if applicable), and
continue to apply with respect to this Loan.
THE GOOD EARTH ORGANICS SUPPLY LLC
By: /s/
Xxxxxxx X.
Xxxxx
Name: Xxxxxxx X.
Xxxxx
Title: Manager
App
ID 1345553114
Obligor
5469207029
Obligation
34/42
Processor
Initials JAM
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