Re: Forbearance Extension Letter Agreement
Exhibit 10.1
February 24, 2020
XXXXXXX FURNITURE COMPANY LLC
000 Xxxxx Xxxxxxxx Xxxxxx, Xx. 000
Xxxx Xxxxx, Xxxxx Xxxxxxxx 00000
Attention: Xxxxxx X. Xxxxxxx
Email: xxxxxx.xxxxxxx@xxxxxxx.xx
DEXTRA PARTNERS PTE. LTD.
000X Xxxxx Xxxxxx Xxxx
Xxxxxxxxx 000000
Attention: Xxxxxxxx Xxxxx
Fax: 00 0000 0000
Email: x.xxxxx@xxxxxxxxxxxxxx.xxx
Re: Forbearance Extension Letter Agreement
Ladies and Gentlemen:
Reference is made to that certain Forbearance Agreement, dated as of October 31, 2019 (as amended, supplemented or otherwise modified from time to time, the “Forbearance Agreement”), by and among Xxxxxxx Furniture Company LLC, f/k/a Xxxxxxxxx Downs LLC (the “Borrower”), Xxxxxxx Intermediate Holdings LLC, Xxxxxxx Furniture Company 2.0, LLC, Xxxxxxxxx Xxxxx Holdings Ltd. and HG Holdings, Inc. (“Lender”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Forbearance Agreement or incorporated therein.
The Loan Parties have requested that the Lender agree to extend the outside termination date of the Forbearance Period from February 24, 2020 to February 26, 2020. The Lender has agreed to such an extension, subject to the terms and conditions set forth herein.
Now, therefore, for valuable consideration, the mutual receipt of which is hereby acknowledged, the Loan Parties and the Lender agree as follows:
1. Forbearance Extension. Section 3(b)(iii) of the Forbearance Agreement is hereby amended by replacing the reference to “February 24, 2020” with “February 26, 2020”.
2. No Waiver of Acknowledged Events of Default. For the avoidance of doubt, nothing herein shall waive any of the Acknowledged Events of Default, all of which continue to exist.
3. Release. In consideration of the agreements of the Lender set forth in this letter agreement, each of the Loan Parties hereby release and forever discharge the Lender and each other member of the Releasee Group from any and all claims, counterclaims, demands, damages, debts, suits, liabilities, actions and causes of action of any nature whatsoever, whether arising at law or in equity, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, and whether or not heretofore asserted, which any of the Loan Parties ever had or claimed to have had, now has or claims to have or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any member of the Releasee Group, for, upon or by reason of any matter, cause or thing whatsoever through the date hereof. Each of the Loan Parties represents, warrants, acknowledges and confirms that, as of the date hereof, such Person has no knowledge of any action, cause of action, claim, demand, damage or liability of whatever kind or nature, in law or in equity, against any member of the Releasee Group arising from any action by any such Person, or failure of any such Person to act, under or in connection with any of the Loan Documents.
4. Effectiveness of Letter Agreement. This letter agreement shall be effective on the date hereof upon the Lender’s receipt of counterparts of this letter agreement duly executed by the Lender and each of the Loan Parties. Delivery of executed counterparts of this letter agreement by telecopy or other secure electronic format (.pdf) shall be effective as an original.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties hereto have caused this Forbearance Agreement to be duly executed as of the date first above written.
BORROWER: |
XXXXXXX FURNITURE COMPANY LLC, |
a Delaware limited liability company | |
By: /s/ X. Xxxxxx | |
Name: X. Xxxxxx | |
Title: CEO | |
GUARANTORS: | XXXXXXX INTERMEDIATE HOLDINGS LLC, |
a Delaware limited liability company | |
By: /s/ X. Xxxxxx | |
Name: X. Xxxxxx | |
Title: CEO | |
XXXXXXX FURNITURE COMPANY 2.0, LLC, | |
a Virginia limited liability company | |
By: /s/ X. Xxxxxx | |
Name: X. Xxxxxx | |
Title: CEO | |
XXXXXXXXX XXXXX HOLDINGS LTD., | |
a British Virgin Islands business company | |
By: /s/ X. Xxxxxx | |
Name: X. Xxxxxx | |
Title: Director |
Signature Page
Xxxxxxx Furniture Forbearance Extension
LENDER: | HG HOLDINGS, INC., |
a Delaware corporation | |
By: /s/ Xxxxxx X. Xxxx XX | |
Name: Xxxxxx X. Xxxx XX | |
Title: Chairman & CEO |
Signature Page
Xxxxxxx Furniture Forbearance Extension