LIMITED CONSENT AND TWENTIETH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT
Exhibit 10.27
EXECUTION VERSION
LIMITED CONSENT AND TWENTIETH AMENDMENT TO
CREDIT AND GUARANTY AGREEMENT
This LIMITED CONSENT AND TWENTIETH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of January 8, 2020, among ONE WATER MARINE Holdings, LLC, a Delaware limited liability company (“Holdings”), certain subsidiaries of Holdings, as borrowers (collectively “Companies”, and together with Holdings, “Credit Parties”), XXXXXXX XXXXX SPECIALTY LENDING GROUP, L.P., as administrative agent and as collateral agent (in such capacities, “Agent”), and the undersigned Lenders (as defined below). Unless otherwise defined herein, all capitalized terms used herein that are defined in the Credit Agreement referred to below shall have the meanings given to such terms in the Credit Agreement, as amended hereby.
RECITALS
WHEREAS, Companies, Holdings, Agent and the financial institutions party thereto as lenders (“Lenders”) are parties to that certain Credit and Guaranty Agreement dated as of October 28, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”);
WHEREAS, pursuant to the Credit Agreement, Lenders have made Loans to Companies and provided certain other credit accommodations to Companies;
WHEREAS, Companies have advised Agent and Lenders that (i) Holdings, as seller (in such capacity, “Seller”) desires to sell (such sale, the “Marina Xxxx Disposition”) certain assets as identified in the Marina Xxxx Disposition Agreement referred to below (such assets, collectively, the “Marina Xxxx Property”) to Marina Mike’s, LLC and certain of its affiliates (collectively, “Buyer”), pursuant to that certain Purchase and Sale Agreement dated on or prior to the date hereof by and among Seller, Buyer, Legendary Assets & Operations, LLC, a Florida limited liability company, as tenant (“Tenant”), and other Persons party thereto (such agreement, in form and substance approved by Agent prior to the effectiveness thereof, the “Marina Xxxx Disposition Agreement”), and (ii) in connection with the Marina Xxxx Disposition, Buyer’s consideration for the Marina Xxxx Property will be evidenced by an amendment and restatement of that certain Promissory Note dated as of December 1, 2016 (the “Original Note”) made by Holdings, as obligor, in favor of Buyer, as payee, reducing the principal sum payable thereunder from $2,125,000.00 to $854,412.00;
WHEREAS, Companies have advised Agent and Lenders that (i) the
Marina Xxxx Disposition is prohibited by Section 6.9 of the Credit Agreement, (ii) the amendment and restatement of the Original Note is prohibited by Section 6.16 of the Credit Agreement, (iii) Companies desire to leaseback the Marina Xxxx Property
pursuant to that certain Lease Agreement dated on or prior to the date hereof (such agreement, in form and substance approved by Agent prior to the effectiveness thereof, the “Marina Xxxx Lease Agreement”), together with the Marina Xxxx
Guaranty referred to below and all other documentation relating thereto (in each case drafts of which have been provided to Agent in each’s substantially final form prior to the effectiveness thereof, collectively, the “Marina Xxxx Lease Documents”),
by and among Buyer, as landlord, and Tenant (the transactions described in this clause (iii), the “Marina Xxxx Leaseback”), (iv) the Marina Xxxx Leaseback is prohibited by Section 6.11 of the Credit Agreement, (v) Holdings and One Water Assets & Operations, LLC, a Delaware limited liability company (“OWAO”, together with Holdings, in their capacities as guarantors, the “Marina Xxxx Guarantors”), desire to
guaranty the Lease Agreement pursuant to that certain Lease Guaranty dated on or prior to the date hereof a draft of which has been provided to Agent in substantially final form, by the Marina Xxxx Guarantors (such guaranty, in form and substance
approved by Agent prior to the effectiveness thereof, the “Marina Xxxx Guaranty”), and (vi) the Marina Xxxx Guaranty is restricted by Sections 6.1 of the Credit Agreement; and
WHEREAS, Companies have requested that Agent and Lenders agree to (i) consent to the Marina Xxxx Disposition, including the amendment and restated of the Original Note, (ii) consent to the Marina Xxxx Leaseback, (iii) release the Marina Xxxx Property from the Liens under the Credit Documents and (iv) amend certain other terms and provisions of the Credit Agreement, in each case, as more particularly described in this Amendment.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, Holdings, Companies, Agent and the undersigned Lenders hereby agree as follows:
SECTION 1. Limited Consent. Subject to the satisfaction or waiver in writing of each of the conditions set forth in this Section 1 and in Section 4 below and in reliance on the representations, warranties, covenants and agreements set forth in this Amendment, Agent and Lenders hereby consent to the consummation of the Marina Xxxx Disposition and the Marina Xxxx Leaseback (collectively, the “Limited Consent”); provided that each of the following conditions (collectively, the “Closing Conditions”) is satisfied:
(a) The Marina Xxxx Disposition and the Marina Xxxx Leaseback shall have been consummated in accordance with the Marina Xxxx Disposition Agreement and each Marina Xxxx Lease Document, as applicable, and neither the Marina Xxxx Disposition Agreement nor any of the Marina Xxxx Lease Documents shall have been amended, waived or otherwise modified by the parties thereto without the prior written consent of Agent.
(b) On or prior to the date hereof, Credit Parties shall have delivered to Agent a certificate, in form and substance satisfactory to Agent, that each of the conditions set forth herein to the consummation of the Marina Xxxx Disposition and the Marina Xxxx Leaseback have been satisfied.
(c) On or prior to the date hereof, Credit Parties shall have satisfied the requirements of Section 5.11 of the Credit Agreement with respect to the Marina Mike’s Property.
The Limited Consent is limited solely to (i) Section 6.9 of the Credit Agreement with respect to the Marina Xxxx Disposition; (ii) Section 6.16 of the Credit Agreement with respect to the amendment and restatement of the Original Note; (iii) Section 6.11 of the Credit Agreement with respect to the Marina Xxxx Leaseback; and (iv) Sections 6.1 of the Credit Agreement with respect to the Marina Xxxx Guaranty, and nothing contained herein shall be deemed a consent to, or waiver of, any other action or inaction of Holdings or Companies which constitutes (or would constitute) a violation of any provision of the Credit Agreement or any other Credit Document. Neither the Lenders nor Agent shall be obligated to grant any future waivers, consents or amendments with respect to any other provision of the Credit Agreement or any other Credit Document. Without limiting the foregoing, if the Marina Xxxx Disposition and/or the Marina Xxxx Leaseback are consummated without satisfying any of the conditions in this Section 1 and Section 4 below, such event shall constitute an immediate Event of Default under Section 8.1(c) of the Credit Agreement unless the specific failure is agreed to, waived or otherwise consented to in writing by Agent.
SECTION 2. Release of Marina Xxxx Property. The undersigned Lenders hereby authorize Agent to release the Marina Xxxx Property from all Liens under the Credit Documents, concurrently with the consummation of the Marina Xxxx Disposition and Marina Xxxx Leaseback; provided that each of the Closing Conditions is satisfied concurrently with the effectiveness of such release.
SECTION 3. Amendments. In reliance on the representations, warranties, covenants and agreements contained in this Amendment, the Credit Agreement is hereby amended as follows:
3.1. Additional Definitions. Section 1.1 of the Credit Agreement shall be amended to add each of the following definitions to such section in appropriate alphabetical order:
“Twentieth Amendment” means that certain Limited Consent and Twentieth Amendment to Credit and Guaranty Agreement dated as of January 8, 2020.
“Marina Xxxx Leaseback” has the meaning assigned to such term in the Twentieth Amendment.
3.2. Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended by amending and restating the second sentence of the definition of “Consolidated Adjusted EBITDA” to read in full as follows:
Notwithstanding the foregoing, (v) Consolidated Adjusted EBITDA shall be adjusted as set forth in Section 6.8(e) for all purposes under this Agreement other than for purposes of calculating Consolidated Excess Cash Flow, (w) for all purposes other than for purposes of calculating Consolidated Excess Cash Flow, any calculation of Consolidated Adjusted EBITDA from and after the closing date of the SunTrust Leaseback shall include an adjustment reducing Consolidated Adjusted EBITDA by the “run rate” additional cash rent expense that would have accrued during the relevant period if the SunTrust Leaseback was closed at the beginning of such period, (x) for all purposes other than for purposes of calculating Consolidated Excess Cash Flow, any calculation of Consolidated Adjusted EBITDA from and after the closing date of the Marina Xxxx Leaseback shall include an adjustment reducing Consolidated Adjusted EBITDA by the “run rate” additional cash rent expense that would have accrued during the relevant period if the Marina Xxxx Leaseback was closed at the beginning of such period, (y) for all purposes, Consolidated Adjusted EBITDA attributable to SSAO shall be reduced by a percentage equal to the percentage interest that the Xxxx Stock represents in SSAO and (z) for all purposes, Consolidated Adjusted EBITDA attributable to BAO shall be reduced by a percentage equal to the percentage interest that the BMI Stock represents in BAO.
3.3. Replacement of Schedules. Schedules 1.1(a) and 4.13(b) of the Credit Agreement are each hereby amended and restated in their respective entireties as Schedules 1.1(a) and 4.13(b), attached hereto, respectively.
SECTION 4. Conditions Precedent. The amendments contained in Section 3 hereof and the Limited Consent, in each case, shall become effective on the date on which each of the following conditions precedent have been satisfied (or waived by Agent in writing):
4.1. Credit Agreement Amendment. Agent shall have received counterparts of this Amendment duly executed and delivered (which may be by email, facsimile or other electronic transmission (e.g., “.pdf”)) by Companies, Holdings and each Lender.
4.2. Officer’s Closing Certificate. Agent shall have received a certificate from an Authorized Officer certifying as of the date hereof:
(a) that each representation and warranty of each Credit Party contained in this Amendment and each Credit Document is true and correct in all material respects as of the date hereof (except (i) to the extent that any such representation and warranty is expressly limited to an earlier date, in which case, on the date hereof, such representation and warranty shall continue to be true and correct in all material respects as of such specified earlier date and (ii) to the extent that any such representations and warranties are qualified by materiality, such representations and warranties shall continue to be true and correct in all respects);
(b) that no injunction or other restraining order has been issued and no hearing to cause an injunction or other restraining order to be issued is pending or noticed with respect to any action, suit or proceeding seeking to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, this Amendment;
(c) that no event, circumstance, change or effect that, individually or in the aggregate, has had or would reasonably be expected to have a Material Adverse Effect has occurred since December 31, 2017;
(d) that each Credit Party has received all Governmental Authorizations and all consents of other Persons, in each case that are necessary or advisable in connection with the effectuation of the transactions contemplated by this Amendment and the Credit Documents and each of the foregoing is in full force and effect and in form and substance reasonably satisfactory to Agent; and
(e) that no event has occurred and is continuing or would result from the consummation of this Amendment that would constitute an Event of Default or a Default.
4.3. Officer’s Certificates; Other Documents. Agent shall have received in respect of each Credit Party on or prior to the date hereof (i) sufficient copies of each Organizational Document as Agent shall request, in each case certified by an Authorized Officer of such Credit Party and, to the extent applicable, certified as of such date or a recent date prior thereto by the appropriate Governmental Authority or a certification made by such Authorized Officer that there have been no changes with respect to such matters since the date of the most recent Organizational Documents delivered to Agent; (ii) signature and incumbency certificates of the officers of each Credit Party executing this Amendment and the other Credit Documents to which it is a party or a certification made by such Authorized Person that there have been no changes with respect to such matters since the date of the most recent incumbency certificates delivered to Agent; (iii) resolutions of the board of directors or similar governing body of each Credit Party approving and authorizing the execution, delivery and performance of the Marina Xxxx Disposition Agreement, the Marina Xxxx Lease Documents, this Amendment and the other Credit Documents to which it is a party, certified as of such date by an appropriate Authorized Officer as being in full force and effect without modification or amendment; and (iv) a good standing certificate from the applicable Governmental Authority of such Credit Party’s jurisdiction of incorporation, organization or formation and in each jurisdiction in which it is qualified as a foreign corporation or other entity to do business, each dated a recent date prior to such certification date.
4.4. Fees and Expenses. Companies shall have paid to Agent and the Lenders (i) the fees, if any, payable on the date hereof referred to in Section 2.8(d) of the Credit Agreement (as amended hereby) and (ii) all fees and reimbursements due and owing to Agent or the Lenders in connection with this Amendment including, without limitation, all reasonable fees and expenses incurred by Agent (including, without limitation, reasonable and documented fees and expenses of counsel to Agent) in the preparation, execution, review and negotiation of this Amendment and any other related documents for which Companies shall have been invoiced by Agent prior to the date hereof.
4.5. Absence of Defaults. No Default or Event of Default shall have occurred that is continuing after giving effect to this Amendment, the Marina Xxxx Disposition and the Marina Xxxx Leaseback.
4.6. Floorplan Lenders. To the extent entitled, the requisite lenders under any Approved Floorplan Financing shall have consented to or otherwise permitted the Marina Xxxx Disposition, the amendment and restatement of the Original Note, the Marina Xxxx Leaseback and this Amendment pursuant to amendments of and/or consents under the Approved Floorplan Financing Documents that are in form and substance satisfactory to Agent and Requisite Lenders in their respective sole discretion.
4.7. No Litigation. On the date hereof, there shall not exist any action, suit, investigation, litigation or proceeding, hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Agent, singly or in the aggregate, materially impairs this Amendment, the financing thereof or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.
4.8. Other Documents. Agent shall have received any other documents or agreements reasonably requested by Agent in connection herewith.
SECTION 5. Representations and Warranties. In order to induce Agent and the undersigned Lenders to enter into this Amendment, each Credit Party hereby represents and warrants to Agent and each Lender that:
5.1. Accuracy of Representations and Warranties. Each representation and warranty of each Credit Party contained in this Amendment and the Credit Documents is true and correct in all material respects as of the date hereof (except (a) to the extent that any such representation and warranty is expressly limited to an earlier date, in which case, on the date hereof, such representation and warranty shall continue to be true and correct in all material respects as of such specified earlier date and (b) to the extent that any such representations and warranties are qualified by materiality, such representations and warranties shall continue to be true and correct in all respects).
5.2. Due Authorization. The execution, delivery and performance of this Amendment have been duly authorized by all necessary action on the part of each Credit Party.
5.3. No Conflicts. The execution, delivery and performance by each Credit Party of this Amendment shall not: (a) violate any provision of any law or any governmental rule or regulation applicable to Holdings or any of its Subsidiaries, any of the Organizational Documents of Holdings or any of its Subsidiaries, or any order, judgment or decree of any court or other agency of government binding on Holdings or any of its Subsidiaries; (b) conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any Contractual Obligation of Holdings or any of its Subsidiaries; (c) result in or require the creation or imposition of any Lien upon any of the properties or assets of Holdings or any of its Subsidiaries (other than any Liens created under any of the Credit Documents in favor of Agent, on behalf of Secured Parties); or (d) require any approval of stockholders, members or partners or any approval or consent of any Person under any Contractual Obligation of Holdings or any of its Subsidiaries.
5.4. Validity and Binding Effect. This Amendment constitutes the valid and binding obligations of each Credit Party enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditor’s rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or law.
5.5. Absence of Defaults. No Default or Event of Default has occurred that is continuing.
5.6. No Defense. No Credit Party has any defenses to payment, counterclaims or rights of set-off with respect to the Obligations on the date hereof or any defenses to the validity, enforceability or binding effect against such Credit Party of the Credit Documents to which it is a party to or any Liens intended to be created thereby.
5.7. Review and Construction of Documents. Each Credit Party (a) has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (b) has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendment, and (c) has executed this Amendment of its own free will and volition. Furthermore, each Credit Party acknowledges that (i) this Amendment shall be construed as if jointly drafted by Credit Parties and the Lenders, and (ii) the recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment.
SECTION 6. Miscellaneous.
6.1. Reaffirmation of Credit Documents and Liens. All of the terms and provisions of the Credit Agreement and any other Credit Documents shall, except as amended and modified hereby, remain in full force and effect and are hereby ratified and confirmed. Each Credit Party hereby reaffirms the Liens securing the Obligations until the Obligations have been paid in full, and agrees that the amendments and modifications herein contained shall in no manner adversely affect or impair the Obligations or the Liens securing payment and performance thereof.
6.2. Parties in Interest. All of the terms and provisions of this Amendment shall bind and inure to the benefit of the parties hereto and their respective successors and assigns.
6.3. Counterparts. This Amendment may be executed in counterparts, all of which taken together shall constitute one and the same instrument. Delivery of a counterpart by facsimile or other electronic transmission (e.g., .pdf) shall be effective as delivery of a manually executed original counterpart.
6.4. COMPLETE AGREEMENT. THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER CREDIT DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES WITH RESPECT TO THE SUBJECT MATTER THEREOF 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.
6.5. Release. Companies and each other Credit Party on their own behalf and on behalf of their predecessors, successors, heirs, legal representatives and assigns (collectively, the “Releasing Parties”), hereby acknowledge and stipulate that as of the date hereof, none of the Releasing Parties has any claims or causes of action of any kind whatsoever against Agent, any other Secured Party or any of their officers, directors, employees, agents, attorneys or representatives, or against any of their respective predecessors, successors or assigns (each of the foregoing, collectively, the “Released Parties”). Each of the Releasing Parties hereby forever releases, remises, discharges and holds harmless the Released Parties from any and all claims, causes of action, demands and liabilities of any kind whatsoever, whether direct or indirect, fixed or contingent, liquidated or nonliquidated, disputed or undisputed, known or unknown, which any of the Releasing Parties has relating in any way to any event, circumstance, action or failure to act by the Released Parties through the date of this Amendment.
6.6. No Implied Waivers. No failure or delay on the part of Agent or the Lenders in exercising, and no course of dealing with respect to, any right, power or privilege under this Amendment, the Credit Agreement or any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Amendment, the Credit Agreement or any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
6.7. Arms-Length/Good Faith. This Amendment has been negotiated at arms-length and in good faith by the parties hereto.
6.8. Interpretation. Wherever the context hereof shall so require, the singular shall include the plural, the masculine gender shall include the feminine gender and the neuter and vice versa. The headings, captions and arrangements used in this Amendment are for convenience only, shall not affect the interpretation of this Amendment, and shall not be deemed to limit, amplify or modify the terms of this Amendment, nor affect the meaning thereof.
6.9. Severability. In case any one or more of the provisions contained in this Amendment shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Amendment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
6.10. Credit Document. Each Credit Party acknowledges and agrees that this Amendment is a Credit Document.
6.11. Governing Law. THIS AMENDMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.
[Signature Pages Follow]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers on the date and year first above written.
| COMPANIES: | XXXXXXXXX ASSETS & OPERATIONS, LLC | |
| LEGENDARY ASSETS & OPERATIONS, LLC | ||
| SOUTH FLORIDA ASSETS & OPERATIONS, LLC | ||
| By: | /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Name: | Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Title: | Manager | |
| BOSUN’S ASSETS & OPERATIONS, LLC | ||
| ONE WATER ASSETS & OPERATIONS, LLC | ||
| SOUTH SHORE LAKE ERIE ASSETS & OPERATIONS, LLC | ||
| By: | /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Name: | Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Title: | CEO | |
| MIDWEST ASSETS & OPERATIONS, LLC | ||
| By: One Water Assets & Operations, LLC, its Manager | ||
| By: | /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Name: | Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Title: | CEO | |
| ONEWATER MARINE INC. | ||
| By: | /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Name: | Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Title: | CEO | |
| HOLDINGS: | ONE WATER MARINE HOLDINGS, LLC | |
| By: | /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Name: | Xxxxxx Xxxxxx Xxxxxxxxx, Jr. | |
| Title: | CEO | |
| AGENT: | XXXXXXX SACHS SPECIALTY LENDING GROUP, L.P., as Agent | |
| By: | /s/ Xxxx Xxxxx | |
| Name: | Xxxx Xxxxx | |
| Title: | Senior Vice President | |
| LENDER: |
XXXXXXX XXXXX SPECIALTY LENDING GROUP, L.P., as Lender |
|
| By: | /s/ Xxxx Xxxxx | |
| Name: |
Xxxx Xxxxx |
|
| Title: |
Senior Vice President |
|
| LENDER: | OWM BIP INVESTOR, LLC, as Lender | |
| By: | /s/ Xxxx Xxxxxxx | |
| Name: | Xxxx Xxxxxxx | |
| Title: | Manager | |
Schedule 1.1(a)
Certain Material Real Estate Assets
Certain Material Real Estate Assets
The following is a list of all fee-owned Real Estate Assets having a fair market value in excess of $200,000 as of the date of the acquisition thereof:
| Complete Address (including county) | Credit Party | Whether Improved or Unimproved | If Improved, Type of Improvements | Use of Property | Approximate Value |
| 000
Xxxxxxxxx Xxxxx Xxxxxxxx Xxx, XX 00000 (Tallapoosa County) |
Xxxxxxxxx Assets & Operations, LLC | Improved | Sales office and storage |
Retail sale of pre-owned boats near Lake Martin in Alabama | $1,250,000 |
The following is a list of all Leasehold Properties other than those with respect to which the aggregate payments under the term of the lease are less than $35,000 per annum, and any other Real Estate Asset that Requisite Lenders have determined is material to the business, operations, properties, assets, condition (financial or otherwise) or prospects of Holdings or any Subsidiary.
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 Xxxxxxx 00 Xxxxx Xxxx Xxxxxx, XX 00000 (Xxxxxxx County) |
Legendary Marine Alabama, LLC 0000 Xxxxxxxxx Xx.
|
Improved | Showroom & sales offices |
Legendary Marine Retail sale of new boats in Gulf Shores, Alabama
|
| 00000 XX Xxxxxxx 00 Xxxxxx, XX 00000 (Xxxxxxx County) |
A Proper Wash, LLC 000 Xxxxxxxxx Xx.
|
Improved | Showroom & sales offices |
Sunrise Marine of Alabama – Retail sale of new boats in Gulf Shores, Alabama
|
| 000 Xxxxxx Xxxxx Xxxxxx Xxxx Xxxxxxxx, XX 00000 (Coosa County) |
WillAnn, LLC 0000 Xxx 00 Xxxxx
|
Improved | Storage space, service garage, marine store |
SMG Xxxxxx Creek – Service department, merchandise store & boat storage on Lake Martin in Alabama (no boat sales)
|
| 15904 Hwy 000-000 X. Xxxxx Xxxxx, XX 00000 (Madison County) |
Xxxxx XX Properties, LLC 00 Xxxx Xxxxxx Xxxx XX
|
Improved | Showroom & sales offices |
Rambo (Huntsville) – Retail sale of new boats near Huntsville, Alabama
|
| 00000 Xxxxxxx 000 Xxxx Xxxxxxxx, XX 00000 (Shelby County) |
Rambo BHM 00 Xxxx Xxxxxx Xxxx XX
|
Improved | Showroom & sales offices |
Rambo (Birmingham) – Retail sale of new boats near Birmingham, Alabama pursuant to that Lease Agreement, dated July 1, 2015
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 1-acre parcel adjacent to: 00000 Xxxxxxx 000 Xxxx Xxxxxxxx, XX 00000 (Shelby County) |
Rambo BHM 00 Xxxx Xxxxxx Xxxx XX
|
Unimproved | N/A |
Rambo (Birmingham) – storage of boat inventory for retail sale at the adjacent lot near Birmingham, Alabama pursuant to that Lease Agreement, dated July 1, 2015
|
| 0000 Xxxxxxx 00 Xxxxx Xxxxxxxxx, XX 00000 (Tallapoosa County) |
WillAnn, LLC 0000 Xxx 00 Xxxxx
|
Improved | Showroom, sales offices & storage |
SMG Blue Creek Marina – Retail sale of new boats on Lake Martin in Alabama pursuant to that Commercial Lease Agreement, dated July 24, 2014
|
| 0000 Xxxxxxx 00 Xxxxx Xxxxxxxxx, XX 00000 (Tallapoosa County) |
Xxxx Xxxxxx, Inc. 0000 Xxx 00
|
Unimproved | N/A (trailer office used) |
SMG Used Boat Supercenter (Lake Martin) – Retail sale of pre-owned boats near Lake Martin in Alabama pursuant to that Lease Agreement, dated March 16, 2017
|
| 0000 Xxxxxx Xxxxx Xxxxxx Xxxx, XX 00000 (Bay County) |
0000 Xxxxxx Xxxxx, LLC 0000 Xxxxxxxxx Xx.
|
Improved | Showroom & sales offices |
Legendary Marine Old retail sale of new boats in Panama City, Florida pursuant to that Lease Agreement, dated April 1, 2017
|
| 0000 Xxxxxx Xxxxx Xxxxxx Xxxx, XX 00000 (Bay County) |
0000 Xxxxxx Xxxxx, LLC 0000 Xxxxxxxxx Xx.
|
Improved | Showroom & sales offices |
Legendary Marine (Panama City) – New retail sale of new boats in Panama City, Florida pursuant to that Lease Agreement, dated April 1, 2016
|
| 000 Xxxxx Xxxxxxx Xxx Xxxxxxx Xxx, XX 00000 (Broward County) |
LAC Marine Corp. 0000 XX 00xx Xx. & 0000 Xxxx Xxxx Xx.
|
Improved | Showroom & sales offices |
SunDance Marine (Pompano Beach) – Retail sale of new and pre-owned boats in Pompano Beach, Florida pursuant to that Lease Agreement, dated February 1, 2016
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 Xxxxxxxxx 00xx Xx. Xxxxxxx Xxx, XX 00000 (Broward County) |
MMJC Realty, LLC 0000 XX 00xx Xx. & 0000 Xxxx Xxxx Xx.
|
Improved | Docks and slips |
SunDance Marine (Pompano Beach) – In-water new, pre-owned and brokered boat access in Pompano Beach, Florida pursuant to that Lease Agreement, dated February 1, 2016
|
| 801 NE Third St. or 000 XX Xxxxx Xx. Xxxxx Xxxxx, XX 00000 (Broward County) |
Harbour Xxxxx 00000 Xxxxxxx Xxxx.
|
Improved | Retail office suite and marina slips |
Grande Yachts new boat sales location in Ft. Lauderdale, Florida pursuant to that Lease, dated March 1, 2017
|
| 0000 X. Xxxxxxx Xxx. Xxxxxxxxxx Xx, XX 00000 (Broward County) |
OBYS Holdings, LLC 000 XX Xxxx Xxxx Xx.
|
Improved | Showroom & sales offices | Ocean Blue Yacht Sales Retail sale of new boats in Broward Co., Florida pursuant to that Lease Agreement, dated February 1, 2019. |
| 000 Xxxxx Xxxxxxx Xxx. Xxxxxxx Xxxxx, XX 00000 (Broward County) |
OWM Pompano Beach FL Landlord, LLC 0000 Xxxxxxxxx Xxxx, XX, 00xx Floor
|
Improved | Sales offices, service and parts warehouse | Grande Yacht’s retail sales location in Pompano Beach, FL (former Top Notch location) |
| 00 X Xxxxxxx Xxxx. Xxxxxxxxx, XX 00000 (Escambia County) |
84 W. Airport, LLC 0000 Xxx Xxx Xx.
|
Improved | Showroom & sales offices |
Legendary Marine (Pensacola) – Retail sale of new boats in Pensacola, Florida pursuant to that Lease Agreement, dated October 13, 2016.
|
| 00000 X. Xxxxxxx Xxxxx Xx. Xxxxx, XX 00000 (Xxx County) |
Marina Mike’s, LLC 0000 Xxxxxxxxx Xx.
|
Improved | Sales office, service and parts warehouse | Marina Mike’s - retail sale of new and used boats in Ft. Xxxxx, Florida pursuant to that Lease Agreement, dated January 8, 2020 |
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 00000 Xxxx Xxxxx Xx. Xxxx X0-0 Xx. Xxxxx, XX 00000 (Xxx County) |
Ozinus Pine Ridge, LLC 00000 Xxxxxxxx Xxxxxx
|
Improved | Storage |
Marina Mike’s - Ft. Xxxxx (storage warehouse) – pursuant to that Lease Agreement, dated June 15, 2017
|
| 0000 XX Xxxxxx Xxxxx Xx. Xxxxxx Xxxxx, XX 00000 (Xxxxxx County) |
Sundance 0000 XX 00xx Xx. & 0000 Xxxx Xxxx Xx.
|
Unimproved | Parking lot |
SunDance Marine Retail sale of new boats and service department on water in Jensen Beach, Florida pursuant to that Lease Agreement, dated February 1, 2016, which
covers both: 0000 XX Xxxxxx Xxxxx Xx. & 0000 XX Xxxxxx Xxxxx Xx.
|
| 0000 XX Xxxxxx Xxxxx Xx. Xxxxxx Xxxxx, XX 00000 (Xxxxxx County) |
Indian River Drive, Inc. 0000 XX 00xx Xx. & 0000 Xxxx Xxxx Xx.
|
Improved | Showroom, sales offices and marina |
SunDance Marine Retail sale of new boats and service department on water in Jensen Beach, Florida pursuant to that Lease Agreement, dated February 1, 2016, which
covers both: 0000 XX Xxxxxx Xxxxx Xx. & 0000 XX Xxxxxx Xxxxx Xx.
|
| 000 X.X. Xxxxxxx Xxx. Xxxxxx, XX 00000 (Xxxxxx County) |
DB South Florida 000 XX Xxxx Xxxx Xx.
|
Improved | Showroom and sales offices | Ocean Blue Yacht Sales Retail sale of new boats in Xxxxxx Co., Florida pursuant to that Lease Agreement, dated February 1, 2019. |
| 000 XX Xxxxx Xxx. Xxxxxx, XX 00000 (Xxxxxx County) |
Central Marine Properties East, LLC 0000 0xx Xxx. Xxxxx
|
Improved | Sales offices, services and parts warehouse | Central Marine Properties East Boat Sales & Marina retail sales, storage and marina in Stuart, FL |
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 XX 0xx Xxxxxx Xxxxx, XX 00000 (Miami-Dade County) |
Ibanez Investment X.X. Xxx 000000
|
Improved | Showroom & sales offices |
SunDance Marine (Miami) – Retail sale of new boats in Miami, Florida pursuant to that Lease Agreement, dated June 10, 2016
|
| 0000 X. Xxxxxxxx Xx. Xxxxxxx Xxxxx, XX 00000 (Miami-Dade County) |
Aligned Bayshore 0000 X. Xxxxxxxx Xx.
|
Improved | Retail office space |
Grande Yachts (Miami)- new boat sales location in Miami, Florida pursuant to that Lease Agreement, dated September 3, 2017
|
|
00000 Xxxxxxxx Xxx,
000 Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000
000 Xxxxxx Xxxxxx
|
OWM Islamorada FL Landlord, LLC 0000 Xxxxxxxxx Xxxx, XX, 00xx Floor
|
Improved | Sales offices, services and parts warehouse | Caribee Boat Sales & Marina retail sales, storage and marina in Islamorada, FL |
| 0000 Xxxxxxxxx Xxxxxx Xxxxx Xxxxxx, XX 00000 (Okaloosa County) |
LYC Destin, LLC 0000 Xxxxxxxxx Xx.
|
Improved | Showroom, sales offices & storage |
Legendary Marine (Destin) – Retail sale of new boats, full service & boat storage on water in Destin, Florida pursuant to that Lease Agreement, dated October 1, 2014
|
|
1460 Hwy 98 West (Okaloosa County) or 0000 Xxxxxxx 00 X. & 0 Xxxx Xxxx
|
OWM Xxxx Xxxxxx FL Landlord, LLC 0000 Xxxxxxxxx Xxxx, XX, 00xx Floor
|
Improved | Sales offices, service and parts warehouse | Destin Marine Sunrise Marine’s service and retail sales of new and used boats in Destin, Florida |
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 Xxxxxxxxx Xx. Xxxxxxx Xxxxx, XX 00000 (Palm Beach County) |
Riviera Beach SMI, LLC 00000 Xxxxxxx Xx.
|
Improved | Showroom, sales offices | Ocean Blue Yacht Sales Retail sale of new boats in Palm Beach County, Florida pursuant to that Lease Agreement, dated September 7, 2017, which Ocean Blue Yacht Sales assigned, with Landlord’s consent, on February 25, 2019 |
| 0000 X. Xxx X0X Xxxxxxx, XX 00000 (Palm Beach County) |
Jupiter Inlet Marina, LLC 0000 X. Xxx X0X
|
Improved | Slip & sales office |
Grande Yachts pursuant to that Lease Agreement, dated May 17, 2017
|
| 0000 00xx Xx. X Xx. Xxxxxxxxxx, XX 00000 (Pinellas County) |
Central Marine Service, Inc. 0000 0xx Xxx. Xxxxx Xx. Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxx, Xx. |
Improved | Sales offices, services and parts warehouse | Central Marine Boat Sales & Marina retail sales, storage and marina in St. Petersburg, FL |
|
0000 Xxxxxx Xxxx X & 0000 Xxxxxx Xxxx X & 0000 Xxxxxx Xxxx X
|
Central Marine Service, Inc. 0000 0xx Xxx. Xxxxx Xx. Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxx, Xx. |
Improved | Sales offices, services and parts warehouse | Central Marine Boat Sales & Marina retail sales, storage and marina in St. Petersburg, FL |
| 0000 Xxxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxx, XX 00000 (Xxxxxx County) |
Sandestin Investments, LLC c/o Sandestin Real Estate
|
Improved | bait & tackle shop |
Legendary Marine 350 sq. ft. shack selling bait and tackle in Sandestin’s Baytown Marina in Miramar, Florida (no boats sales; intended to cross-market sales at other locations) pursuant to that Lease Agreement, dated March 1, 2016
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 000 Xxxxx Xx. Xxxxxx, XX 00000 (Cherokee County) |
OWM Canton GA Landlord, LLC 0000 Xxxxxxxxx Xxxx, XX, 00xx Floor
|
Improved |
Sales offices,
services and
parts warehouse
|
Xxxxxxxxx Marine Lake Allatoona retail sales, service & parts location |
| 0000 Xxxx Xxxxxx Xxxx Xxxxxxxxxx, XX 00000 (Xxxxxx County) |
Boats with Gusto, LLC 0000 Xxxx Xxxxxx Xxxx
|
Improved | Showroom |
SMG at Lake Oconee – Retail sale of new boats near Lake Oconee in Georgia pursuant to that Lease Agreement, dated October 13, 2014
|
| 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
AnnWill, LLC 0000 Xxx 00 Xxxxx
|
Improved | Showroom & sales offices |
Cobalt Boats of Atlanta Retail sale of new boats near Lake Xxxxxx in Georgia pursuant to that Commercial Lease Agreement, dated July 24, 2014
|
| adjacent to preceding propert: 0 XxXxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
CBD Investments, LLC Xxx Xxxxxxx Xx. Xxx. 000
|
Unimproved | N/A |
Cobalt Boats of Atlanta Inventory storage for Cobalt Boats of Atlanta above (no boat sales) pursuant to that Lease Agreement, dated August 8, 2014
|
| 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
PS Marinas I, LP 00000 Xxxxxxx Xxxx.
|
Improved |
Showroom, sales
offices & marina
|
Yacht Center of Lake Xxxxxx Islands – Yacht sales on Lake Xxxxxx in Georgia pursuant to that Lease Agreement, dated March 1, 2010, as amended May 31, 2012, as amended April 15, 2013, as amended July 24, 2015, subject to assignment, dated October 1, 2016
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
PS Marinas I, LP 00000 Xxxxxxx Xxxx.
|
Improved | Corporate offices |
Yacht Center of Lake Xxxxxx Islands – Yacht sales on Lake Xxxxxx in Georgia pursuant to that Lease Agreement, dated April 1, 2017
|
| 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
Holiday Marina, LLC 00000 Xxxxxxx Xxxx.
|
Improved | Service garage & parts storage |
Lazy Days at Holiday Marina – on-water boat service on Lake Xxxxxx, in Georgia pursuant to that Lease Agreement, dated July 1, 2016
|
| 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
Xxxxx X. Xxxxxxxxx, LLC 0000 Xxxxxxxx Xx
|
Improved | Corporate office & service garage |
OWMH Corp. Headquarters corporate offices and used-boat reconditioning near Lake Xxxxxx in Georgia (no boat sales) pursuant to that Commercial Lease Agreement, dated July 24, 2014
|
| 0000 Xxxxxxxxx Xx. Xxxxxx, XX 00000 (Hall County) |
Blue Creek Marina, LLC 0000 Xxxxxxxx Xx
|
Improved | Showroom & sales offices |
SMG Used Boat Supercenter Retail sale of pre-owned boats near Lake Xxxxxx in Georgia pursuant to that Commercial Lease Agreement, dated July 24, 2014
|
| 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
Xxxxxxxx Xxxxxx 0000 Xxxxxxxxx Xx.
|
Improved | Sales office |
American Boat Brokers Retail sale of pre-owned boats near Lake Xxxxxx in Georgia pursuant to that Lease Agreement, dated March 31, 2015
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 00 Xxxxxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 (Xxxxxx County) |
Sing Properties, LLC 0000 Xxxxxxxx Xx
|
Improved | Showroom & sales offices |
SMG Lake Xxxxxxx – Retail sale of pre-owned boats near Lake Xxxxxxx in Georgia pursuant to that Commercial Lease Agreement, dated May 1, 2015
|
| 0000 X. Xxxxxxx 00 Xxxxxxxx, XX 00000 (Pulaski County) |
Xxxxx and Xxxx Xxxxxxxx 000 Xxxx Xxxxx Xx.
|
Improved | Service building and storage |
Lookout Marine – Full service department and storage near Lake Cumberland in Kentucky pursuant to that Lease Agreement, dated June 1, 2016
|
| 0000 X. Xxxxxxx 00 Xxxxxxxx, XX 00000 (Pulaski County) |
Xxxxx and Xxxx Xxxxxxxx 000 Xxxx Xxxxx Xx.
|
Improved | Showroom & sales offices |
Lookout Marine – Retail sale of new boats near Lake Cumberland in Kentucky pursuant to that Lease Agreement, dated June 1, 2016
|
|
000 Xxxxxxxx Xxxx & 0 Xxxxxxxx Xxxx & 00 Xxxxxxx Xxxx
|
T & C NOMINEE TRUST 00 Xxx Xxxxx Xxxx
|
Improved | Showroom, sales office, and service |
Bosun’s Marine Retail sale of new and used boats, showroom and full service department in Mashpee, Massachusetts pursuant to that Lease Agreement, dated June 1, 2018
|
|
000 Xxxxxxx Xxxxxx & 000 Xxxxxxx Xxxxxx
|
BOSUN’S NEWBURY NOMINEE TRUST 61 Xxx Xxxxx Road
|
Improved | Showroom, sales office, and service |
Bosun’s Marine Retail sale of new and used boats, showroom and full service department in Peabody, Massachusetts pursuant to that Lease Agreement, dated June 1, 2018
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 X. Xxxxxxxx Xxx. Xxxx Xxxxxxxx, XX 00000 (Barnstable County) |
R & G REALTY TRUST 00 Xxx Xxxxx Xxxx
|
Improved | Sales office, service, and marina |
Bosun’s Marine Retail sale of new and used boats, and full service & boat storage on water in East Falmouth, Massachusetts pursuant to that Lease Agreement, dated June 1, 2018
|
| 00 Xxxx Xxxx Xxxxx Xxxxxxx, XX 00000 (Barnstable County) |
SHOESTRING BAY 00 Xxx Xxxxx Xx.
|
Improved | Slip rental |
Bosun’s Marine Retail slips and on water boat storage in Mashpee, Massachusetts pursuant to that Lease Agreement, dated June 1, 2018
|
| 000 Xxxxxxxxxx Xxxxx Xx. Xxxxxxxxxxx, XX 00000 (Queen Anne’s County) |
GYI, LLC 000 Xxxxxx Xxxxxx Xx.
|
Improved | Showroom, sales offices, service garage, and xxxxxx |
Xxxxxx Yachts Retail sale of new and used boats, full service & boat storage on water in Grasonville, Maryland pursuant to that Lease Agreement, dated March 1, 2017
|
| 000 Xxxx Xxx Xxxx Xxxxxxxxxxxx, XX 00000 (Queen Anne’s County) |
Great American 000 Xxxx Xxx Xxxx
|
Improved | Retail sales office and marina slips |
Grande Yachts Retail sale of new and used boats on water near Annapolis, Maryland pursuant to that Lease for Commercial Office Space at Bay Bridge Marina, dated May 1, 2015, as amended by the First Amendment to Lease for Commercial Office Space at Bay Bridge Marina, dated February 1, 2016, and the Second Amendment to Lease for Commercial Office Space at Bay Bridge Marina, dated March 1, 2017
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0 Xxxxx Xxxx Xxx Xxxxxxxx, XX 00000 (Westchester County) |
Xxxxxxxx Enterprises, Inc. 000 Xxxxxxxxx Xxx.
|
Improved | Retail sales office |
Grande Yachts Retail sale of new and used boats on water near New York City pursuant to that Lease Agreement, dated April 25, 2017
|
| 1322 & 0000 Xxxxxx Xx. Xxxxxxxxxx, XX 00000 (New Hanover County) |
Xxxxxxx’x Landing X.X. Xxx 0000
|
Improved | Retail sales office and marina slips |
Grande Yachts (Wilmington) – Retail sale of new and used boats on water near Wrightsville Beach, North Carolina pursuant to that Commercial Lease Agreement, dated April 1, 2017
|
| 0000 Xxxxxxx Xxxxxxx Xxxxx, XX 00000 (Erie County) |
Three SeaSons 00000 Xxxxxxxxx Xx.
|
Improved | Showroom, sales offices, service, and storage facilities |
South Shore Marine – Retail sale of new and used boats near the water in Huron, Ohio pursuant to that Commercial Lease Agreement, dated August 1, 2017
|
|
0000 Xxxxx Xxxxx 000 X. & 0000 Xxxxx Xxxxx 000 & 0000 Xxxxx Xxxxx 000 & 0000 Xxxxx Xxxxx 000 & 0000 Xxxxx Xxxxx 000 X. & |
REBO, Inc. 0000 Xxxxx Xxxxx 000 X.
|
Improved | Showroom, sales offices, service department and garage, dry storage, wet slips, other storage facilities, and multiple RV trailer or mobile home lots |
Spend A Day Marina – Retail sale of new and used boats, rental boats, rental RV lots, full service garage, and boat storage on and off water on Indian Lake in Ohio pursuant to that Commercial Lease Agreement, dated April 1, 2018
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
|
0000 Xxxxx Xx. & Xxxxxxxx Xx. & 0000 Xxxxxxxxxx Xxxx. & 0000 Xxxxxxxxxx Xxxx. & 0000 Xxxxxxxxxx Xxxx. & 000 Xxxxxxxxxx Xxx. & 000 Xxxxxxxxxx Xxx.
|
||||
| 00 Xxxxxxxx Xx. Xxxxxxxxxx, XX 00000 (Charleston County) |
AMH–Xxxxxx Xxxxxx, LLC 00 Xxxxxxxx Xx.
|
Improved | Retail sales office | Grande Yachts (Charleston) - FORMER retail sale of new and used boats on water in Charleston, South Carolina pursuant to that Office Lease Agreement, dated April 22, 2017 |
| 00 Xxxxxxxx Xxxxx Xx. Xx. Xxxxxxxx, XX 00000 (Charleston County) |
Patriots Point 00 Xxxxxxxx Xxxxx Xx.
|
Improved | Retail sales office | Grande Yachts (Charleston) - Retail sale of new and used boats on water in Charleston, SC pursuant to that Lease Agreement, dated March 1, 2019 |
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 0000 Xxxxxxx 000 Xxxxxxxxx, XX 00000 (Lexington County) |
A & M Properties, LLC 000 Xxx Xxxxxx Xxx.
|
Improved | Showroom & sales offices | Captain’s Choice - Retail sale of new boats on Lake Xxxxxx in South Carolina pursuant to that Lease Agreement, dated June 1, 2015 |
| 0000 Xxxxxxx 000 Xxxxxxxxx, XX 00000 (Lexington County) |
Xxxxx X. Xxxxxxx Rev. Trust, dated 11/27/13 Xxxxxxx X. Xxxxxxx Trust, dated 11/27/13
|
Improved | Storage adjacent to 0000 Xxx 000 Xxxxxxxxx, XX 00000 |
Captain’s Choice - Boat storage on Lake Xxxxxx in South Carolina pursuant to that Lease Agreement, dated January 1, 2018 |
| 00000 Xxxxx Xxx 00 Xxxxx, XX 00000 (Oconee County) |
North Keowee Land, LLC
0000 Xxxxxxxx Xx
|
Improved | Showroom & sales office | SMG Keowee North Marine - Retail sale of new boats near Lake Keowee in South Carolina pursuant to that Commercial Lease Agreement, dated July 24, 2014 |
|
000 Xxxxxxx Xxxxxx & 000 Xxxxxxx Xxxxxx
|
The Cliffs Club at Keowee Vineyards, LLC 000 Xxxxxx
|
Improved | Storage space, and fuel dock | SMG Keowee Vineyards - Storage, fuel sales, boat rentals on Lake Keowee in South Carolina (no boat sales) pursuant to that Lease Agreement, dated June 13, 2013 |
| 00000 Xxxxx Xxxxx Xx. Xxxx, XX 00000 (Richland County) |
Xxxxxxx Brothers, LLC 000 Xxxxxx Xx. & 0000 Xxxxx Xx.
|
Improved | Showroom & sales offices |
Xxx Xxxxxxx Boat Ctr – Retail sale of new boats near Irmo, South Carolina pursuant to that Lease Agreement, dated February 1, 2019
|
| 0000 X. Xxxxxxxx Xxx Xxxxxxxxxx, XX 00000 (Xxxxxx County) |
Xxxx Xxxx Boats, Inc. 0000 Xxxxxx Xx Xxxxx 000 Payment via Sublandlord:
Leasehold rights secured through Sub-Sublandlord: 0000 Xxxxxxxx Xx
|
Improved | Showroom & sales offices | Xxxx Xxxx Boats - Retail sale of new boats near Dallas, Texas pursuant to that Lease Agreement, dated October 30, 2011, subject to sublease, dated October 31, 2011, subject to sub-sublease, dated September 26, 2014 |
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
|
0000 X. Xxxxxxxx Xxx (Xxxxxx County)
|
Xxxxx Enterprises, LLC 0 Xxxxx Xxxxx Xxxx
|
Improved | Showroom & sales offices |
The Slalom Shop – Retail sale of new boats near Dallas/Fort Worth, Texas pursuant to that Consent to the Assignment of
|
|
0000 XXXX Xx. & 0000 Xxxxxxxx Xx.
|
0000 XXXX Xxxxxxx, LP X.X. Xxx 000
|
Improved | Showroom & sales offices |
Texas Marine pursuant to that Commercial Lease Agreement, dated December 10, 2007 as amended by the First Amendment to Lease dated November 30, 2015 as amended by the Second Amendment to Lease dated April 28,2017
|
| 0000 Xxxxxxxxxx 00 X. Xxxxxxxx, XX 00000 (Jefferson County) |
JHMH REALTY, LLC - 0000 Xxxxxxxxxx 00 X.
|
Improved | Showroom, sales offices, and service |
Texas Marine pursuant to that Commercial Lease Agreement, dated February 1, 2018
|
|
0000 Xxxxxxxxxx 00 X. & 000 Xxxxxx Xxxx
|
JHMH REALTY, LLC - 0000 Xxxxxxxxxx 00 X.
|
Improved | Showroom, sales offices, and service |
Texas Marine pursuant to that Commercial Lease Agreement, dated February 1, 2018
|
| 0000 Xxxxxxxxxx 00 X. Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Xxx Xxxxxx 0000 Xxxxxxxx
|
Unimproved | N/A |
Texas Marine pursuant to that Commercial Lease Agreement, dated February 2, 2015
|
| Complete Address (including county) | Owner/Landlord’s Name and Complete Address | Whether Improved or Unimproved | If Improved, Type | Use of Property |
| 000 Xxxx Xxx Xx. Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Pine Ridge 000 Xxxxxxxxx
|
Unimproved | N/A |
Texas Marine pursuant to that Commercial Lease Agreement, dated February 1, 2018
|
| 00000 Xxxxxxxxxx 00 X. Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Sing Properties, LLC 0000 Xxxxxxxx Xx
|
Improved | Showroom & sales offices |
SMG Wake Houston – Retail sale of new boats near Houston, Texas pursuant to that Commercial Lease Agreement, dated July 24, 2014
|
| 000 X. Xxxxxxxxxx 00 Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Gene & Xxxxx Xxxx XX Xxx 0000
|
Improved | Showroom & sales offices |
SMG Texas Retail sale of new boats near Houston, Texas pursuant to that Commercial Lease Agreement, dated October 13, 2016
|
| 000 Xxxxxxx Xxxx Xxxxxxx, XX 00000 (Palo Pinto County) |
Xxxxxx Properties, LLC 000 X. Xxxxx Xxxxx
|
Improved | Showroom & sales offices |
The Slalom Shop – Retail sale of new boats near Dallas/Fort Worth, Texas on Possum Kingdom Lake
|
SCHEDULE 4.13(b)
Real Estate Assets
Real Estate Assets
The following is a list of all fee owned Real Estate Assets owned by Credit Parties in fee-simple:
| Complete Address (including county) | Credit Party | Whether Improved or Unimproved | If Improved, Type of Improvements | Use of Property | Approximate Value |
| 000 Xxxxxxxxx Xxxxx Xxxxxxxx Xxx, XX 00000 (Tallapoosa County) |
Xxxxxxxxx Assets & Operations, LLC | Improved | Sales office and storage |
Retail sale of pre-owned boats near Lake Martin in Alabama | $1,250,000 |
The following is a list of all Leasehold Properties together with a list of all leases, subleases or assignments of leases (together with all amendments, modifications, supplements, renewals or extensions of any thereof) affecting each Real Estate Asset of any Credit Party, regardless of whether such Credit Party is the landlord or tenant (whether directly or as an assignee or successor in interest) under such lease, sublease or assignment:
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated Aug. 1, 2014 (subject to its Addendum No. 1, dated July 1, 2015) |
0000 Xxx 00 X. Xxxx Xxxxxx, XX 00000 (Xxxxxxx County) |
Legendary Marine Alabama, LLC (Owner & Landlord) |
One Water Marine Holdings, LLC (Tenant & Assignor) |
10/01/2014 | 9/30/2029 | NONE |
| Assignment and Assumption of Lease, dated October 1, 2014 | SAME AS ABOVE | One Water Marine Holdings, LLC (Assignor) |
Legendary Assets & Operations, LLC (Assignee) |
SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE |
| Lease Agreement, dated Nov. 1, 2016 | 00000 XX Xxx 00 Xxxxxx, XX 00000 (Xxxxxxx County) |
A Proper Wash, LLC (Owner & Landlord) |
Legendary Assets & Operations, LLC (Tenant) |
11/01/2016 | 11/01/2021 | two 5-year extensions |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated March 13, 2016 | 00000 Xxxxx Xxxx Xxxxxx Xxxxx, XX 00000 (Xxxxxxx County) |
Sportsman Marina, LP (Owner and Landlord) |
Legendary Assets & Operations, LLC
(Tenant)
|
03/13/2016 | Month-to-month | NONE |
| Commercial Lease Agreement, dated July 24, 2014 | 000 Xxxxxx Xxxxx Xxxxxx Xx. Xxxxxxxx, XX 00000 (Coosa County) |
WillAnn, LLC (Owner and Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
08/01/2014 | 07/31/2029 | NONE |
| Land and Building Lease Agreement, dated July 1, 2015 | 15904 Hwy 000-000 X. Xxxxx Xxxxx, XX 00000 (Madison County) |
Xxxxx XX Properties, LLC (Owner and Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
07/01/2015 | 06/30/2030 | two 5-year extensions |
| Land and Building Lease Agreement, dated July 1, 2015 | 00000 Xxxxxxx 000 X. Xxxxxxxx, XX 00000 (Shelby County) |
Rambo BHM Properties, LLC (Owner and Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
07/01/2015 | 06/30/2030 | two 5-year extensions |
| Land and Building Lease Agreement, dated August 1, 2015 | One Acre adjacent to: 00000 Xxxxxxx 000 X. Xxxxxxxx, XX 00000 (Shelby County) |
Rambo BHM Properties, LLC (Owner and Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
07/01/2015 | 06/30/2030 | two 5-year extensions |
| Commercial Lease Agreement, dated July 24, 2014 | 0000 Xxxxxxx 00 X. Xxxxxxxxx, XX 00000 (Tallapoosa County) |
WillAnn, LLC (Owner and Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
08/01/2014 | 07/31/2029 | NONE |
| Lease Agreement, dated March 16, 2017 | 0000 Xxxxxxx 00 Xxxxx Xxxxxxxxx, XX 00000 (Tallapoosa County) |
Xxxx Xxxxxx, Inc. (Owner and Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
03/16/2016 | 01/31/2020 | NONE |
| Lease Agreement and Option to Purchase, dated April 1, 2017 | 0000 Xxxxxx Xx. Xxxxxx Xxxx, XX 00000 (Bay County) |
0000 Xxxxxx Xxxxx, LLC (Owner and Landlord) |
Legendary Assets & Operations, LLC (Tenant) |
04/01/2017 | 3/31/2032 | two 5-year extensions |
| Lease Agreement and Option to Purchase, dated April 1, 2017 | 0000 Xxxxxx Xx. Xxxxxx Xxxx, XX 00000 (Bay County) |
0000 Xxxxxx Xxxxx, LLC (Owner and Landlord) |
Legendary Assets & Operations, LLC (Tenant) |
04/01/2017 | 04/01/2032 | two 5-year extensions |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Amendment to Lease, dated July 1, 2017 | SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE | 07/01/2017 | 04/01/2032 | SAME AS ABOVE |
| Triple Net Lease Agreement, dated February 1, 2016 | 000 X. Xxxxxxx Xxx Xxxxxxx Xxxxx, XX 00000 (Broward County) |
LAC Marine Corp. (Owner and Landlord) |
One Water Marine Holdings, LLC (Tenant) |
02/01/2016 | 01/31/2026 | one 5-year renewal option |
| Triple Net Lease Agreement, dated February 1, 2016 | 0000 Xxxxxxxxx 00xx Xx. Xxxxxxx Xxxxx, XX 00000 (Broward County) |
MMJC Realty, LLC (Owner and Landlord) |
One Water Marine Holdings, LLC (Tenant) |
02/01/2016 | 01/31/2026 | one 5-year renewal option |
| Lease, dated March 1, 2017 | 801 & 000 XX Xxxxx Xx. Xxxxx Xxxxx, XX 00000 (Broward County) |
Harbour Xxxxx Xxxxxx, LLC (Owner) & Westrec Investors, Inc. (Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
03/01/2017 | 02/29/2020 | one 3-year extension |
| Lease Agreement, dated February 1, 2019 | 0000 X. Xxxxxxx Xxx. Xxxxxxxxxx Xx, XX 00000 (Broward County) |
OBYS Holdings, LLC
(Owner and Landlord)
|
South Florida Assets & Operations, LLC (Tenant) |
02/01/2019 | 01/31/2034 | two 5-year renewal options |
| Lease Agreement, dated August 2, 2019 |
000 X. Xxxxxxx Xxx. Xxxxxxx Xxxxx, XX 00000
(Broward County)
|
OWM Pompano Beach FL Landlord, LLC (Owner & Landlord) | Midwest Assets & Operations, LLC (Tenant) | 08/2/2019 | 08/2/2024 | Four 5-year extensions |
| Lease Agreement, dated October 13, 2016 | 00 X Xxxxxxx Xxxx. Xxxxxxxxx, XX 00000 (Escambia County) |
Xxxxxx Xxxxxxxxx, Trustee of the Xxxxxxx Xxxxxx
Xxxxxxxxx Rev. Mgmt. Trust (Owner) 84 W. Airport, LLC (Prime Landlord) |
Legendary Assets & Operations, LLC (Lessee) |
10/01/2016 | 09/30/2021 | one 5-year renewal option |
| Assignment, Assumption & Landlord Consent, dated October 1, 2016 | SAME AS ABOVE |
LMIP
84 W. Airport, LLC
|
Legendary Assets & Operations, LLC (Assignee) |
10/01/2016 | 09/30/2021 | one 5-year renewal option |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated August 1, 2017 | 000 X. Xxxxxxx Xx. Xxxxxxxxx, XX 00000 (Escambia County) |
Day Break Marina, Inc. |
Legendary Assets & Operations, LLC
(Tenant)
|
08/01/2018 | 08/31/2019 | Annual |
| Lease Agreement, dated January 8, 2020 | 00000 X. Xxxxxxx Xxxxx Xxxx Xxxxx, XX 00000 (Xxx County) |
Marina Mike’s, LLC (Owner & Landlord)] |
Legendary Assets & Operations, LLC (Tenant) | 01/01/2020 | 01/01/2035 | four 5-year extensions |
| Lease Agreement, dated June 15, 2017 | 00000 Xxxx Xxxxx Xx. Xxxx X0-0 Xx. Xxxxx, XX 00000 (Xxx County) |
Ozinus Pine Ridge, LLC |
Legendary Assets & Operations, LLC
(Tenant)
|
07/15/2017 | 06/30/2019 | NONE |
| Triple Net Lease Agreement, dated February 1, 2016 |
0000 XX Xxxxxx Xxxxx Xx. & 0000 XX Xxxxxx Xxxxx Xx.
|
Sundance Marine Dixie, Inc. (Owner and Landlord of 3301 Indian River) & Indian River Drive, Inc. (Owner and Landlord of 3321 Indian River) |
One Water Marine Holdings, LLC (Tenant) |
02/01/2016 | 01/31/2026 | one 5-year renewal option |
| Lease Agreement, dated February 1, 2019 | 000 X.X. Xxxxxxx Xxx. Xxxxxx, XX 00000 (Xxxxxx County) |
DB South Florida Properties, LLC (Owner & Landlord) |
South Florida Assets & Operations, LLC (Tenant) |
02/01/2019 | 01/31/2034 | two 5-year renewal options |
| Lease Agreement, dated August 29, 2019 | 000 XX Xxxxx Xxx. Xxxxxx, XX 00000 (Xxxxxx County) |
Central Marine Properties East, LLC (Owner & Landlord) | South Florida Assets & Operations, LLC (Tenant) | 08/01/2019 | 07/31/2034 | Two 5-year extensions |
| Lease Agreement, dated June 10, 2016 | 0000 XX 0xx Xxxxxx Xxxxx, XX 00000 (Miami-Dade County) |
Ibanez Investment Group, Inc. (Owner & Landlord) |
South Florida Assets & Operations, LLC | 08/1/2016 | 07/1/2021 | NONE |
| Slip Rental Agreement (4 slips) |
0000 XX 000xx Xxxxxx Xxxxxxxx, XX 00000 (Miami-Dade County) |
AMP IV - Hidden Harbour, LLC (Landlord) |
South Florida Assets & Operations, LLC (Tenant) |
04/01/2019 | 03/31/2020 | NONE |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated September 20, 1985 | 0000 X. Xxxxxxxx Xx. Xxxxx 000 Xxxxxxx Xxxxx, XX 00000 (Miami-Dade County) |
Aligned Bayshore Marina, LLC (Owner) & Prime Marina Group, LLC (Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
09/01/2017 | 07/31/2022 | NONE |
| Assignment and Assumption of Lease, dated February 28, 2017 | SAME AS ABOVE | Lab Marine, Inc. d/b/a Grande Yachts International (Assignor) |
Midwest Assets & Operations, LLC (Assignee) |
SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE |
| Lease Agreement, dated November 1, 2016 | 00000 Xxxxxxx Xxxxxx Xxxxx Xxxxx, XX 00000 (Miami-Dade County) |
Haulover Marine Center, LLC |
South Florida Assets & Operations, LLC
(Tenant)
|
11/01/2016 | Month-to-month | NONE |
| Lease Agreement, dated August 2, 2019 |
00000 Xxxxxxxx Xxx. & 000 Xxxxxx Xxxxxx & 000 Xxxxxx Xxxxxx
|
OWM Islamorada FL Landlord, LLC (Owner & Landlord) |
South Florida Assets & Operations, LLC (Tenant) |
08/2/2019 | 08/2/2024 | Four 5-year extensions |
| Lease Agreement, dated October 1, 2014 | 4601 Legendary Marina Dr. Xxxxxx, XX 00000 (Okaloosa County) |
LYC Destin, LLC (Owner and Landlord) |
One Water Marine Holdings, LLC (Tenant) |
10/01/2014 | 10/31/2029 | NONE |
| Landlord Consent and Estoppel dated October 25, 2016 | SAME AS ABOVE | One Water Marine Holdings, LLC (Assignor) |
Legendary Assets & Operations, LLC (Assignee) |
SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE |
| Lease Agreement, dated August 2, 2019 |
1460 Hwy 98 West or 0000 Xxxxxxx 00 X. & 0 Xxxx Xxxx
|
OWM Xxxx Xxxxxx FL Landlord, LLC (Owner & Landlord) |
Legendary Assets & Operations, LLC (Tenant) | 08/2/2019 | 08/2/2024 | Four 5-year extensions |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated September 7, 2017 | 0000 Xxxxxxxxx Xx. Xxxxxxx Xxxxx, XX 00000 (Palm Beach County) |
Riviera Beach SMI, LLC (Owner and Landlord) |
South Florida Assets & Operations, LLC (Tenant) |
02/01/2019 | 08/31/2019 | one 3-year renewal options |
| Slip Rental Agreement (2 slips and 1 parking space) |
000 Xxxx Xxxxx Xxxxx, Xxxx Xxxx, XX 00000 (Palm Beach County) |
Town of Lake Park (Owner and Landlord) |
South Florida Assets & Operations, LLC (Tenant) |
04/01/2019 | 03/31/2020 | NONE |
| Lease Agreement, dated May 17, 2017 | 0000 X. Xxx X0X Xxxxxxx, XX 00000 (Palm Beach County) |
Jupiter Inlet Marina, LLC (Owner and Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
04/01/2017 | 30-day notice | NONE |
| Lease Agreement, dated August 29, 2019 | 0000 00xx Xx. X. Xx. Xxxxxxxxxx, XX 00000 (Pinellas County) |
Central Marine Service, Inc. (Owner & Landlord) | South Florida Assets & Operations, LLC (Tenant) | 08/01/2019 | 07/31/2034 | Two 5-year extensions |
| Lease Agreement, dated August 29, 2019 |
0000 Xxxxxx Xxxx X. & 0000 Xxxxxx Xxxx X. & 0000 Xxxxxx Xxxx X.
|
Central Marine Service, Inc. (Owner & Landlord) | South Florida Assets & Operations, LLC (Tenant) | 08/01/2019 | 07/31/2034 | Two 5-year extensions |
| Lease Agreement, dated March 3, 2016 | 0000 Xxxxxxx Xxxxx Xxxx Xxxxxxx Xxxxx, XX 00000 (Xxxxxx County) |
Sandestin
c/o Sandestin
|
Legendary Assets & Operations, LLC (Tenant) |
03/14/2016 | 03/13/2021 | one 5-year renewal |
| Lease Agreement, dated August 2, 2019 | 000 Xxxxx Xx. Xxxxxx, XX 00000 (Cherokee County) |
OWM Canton GA Landlord, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) | 08/2/2019 | 08/2/2024 | Four 5-year extensions |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated October 13, 2014 | 0000 Xxxx Xxxxxx Xxxx Xxxxxxxxxx, XX 00000 (Xxxxxx County) |
Boats with Gusto, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
10/13/2014 | 01/30/2022 | No extension |
| Commercial Lease Agreement, dated July 24, 2014 | 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
AnnWill, LLC (Owner & Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
08/01/2014 | 07/31/2029 | NONE |
| Lease Agreement, dated August 5, 2014 | adjacent to preceding prop. 0 XxXxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
CBD Investments, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
08/11/2014 | 8/11/2017 | NONE |
| Assignment, Assumption & Landlord Consent, dated October 1, 2014 | SAME AS ABOVE |
Cobalt Boats of Atlanta, LLC
(Assignor)
|
Xxxxxxxxx Assets & Operations, LLC
Assignee
|
SAME | SAME | NONE |
| Lease Agreement, dated January 25, 2010 | 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
PS Marinas I, LP c/o Westrec Marina Management, Inc. (Master Landlord) - the property is owned by the U.S. Army Corp of Engineers |
Xxxxxxxxx Assets & Operations, LLC (Assignee & Tenant) |
04/01/2017 | 12/31/2020 | NONE |
| First Amendment to Lease dated February 23, 2010 | SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE | 05/31/2012 | 10/01/2016 | NONE |
| Second Amendment to Lease dated May 31, 2012 | SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE | 07/24/2015 | 10/01/2026 | NONE |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| 3rd Amendment to Lease, dated April 15, 2013 | SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE | No change to dates. Permits SMG to install and operate a cable system at the marina. | ||
| 4th Amendment to Lease, dated July 24, 2015 | SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE | Extension of Term | 10/01/2026 | NONE |
| Assignment, Assumption of Lease, dated July 24, 2014 | SAME AS ABOVE |
Blue Creek Marina, LLC
Assignor
|
Xxxxxxxxx Assets & Operations, LLC
Assignee
|
SAME | SAME | NONE |
| Lease Agreement, dated April 1, 2017 |
0000 Xxxxxx Xxxxxxx Xxxx
Corporate office space
|
PS Marinas I, LP c/o Westrec Marina Management, Inc. (Master Landlord) - the property is owned by the U.S. Army Corp of Engineers |
Xxxxxxxxx Assets & Operations, LLC (Assignee & Tenant) |
04/01/2017 | 12/31/2020 | NONE |
| Lease Agreement, dated July 1, 2016 |
0000 Xxxxxx Xxxxxxx Xxxx
Lazy Dayz
|
Holiday Marina, LLC c/o Westrec Marina Management, Inc. (Master Landlord) - the property is owned by the U.S. Army Corp of Engineers |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
07/01/2016 | 10/01/2026 | NONE |
| Commercial Lease Agreement, dated July 24, 2014 | 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
Xxxxx X. Xxxxxxxxx, LLC (Owner & Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
08/01/2014 | 07/31/2029 | NONE |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Commercial Lease Agreement, dated July 24, 2014 | 0000 Xxxxxxxxx Xx. Xxxxxx, XX 00000 (Hall County) |
Blue Creek Marina, LLC (Owner & Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
08/01/2014 | 07/31/2029 | NONE |
| Lease Agreement, dated March 31, 2015 | 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxx, XX 00000 (Hall County) |
Xxxxxxxx & Xxxxxx Xxxxxx (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
03/31/2015 | 03/31/2020 | one 5-year renewal |
| Commercial Lease Agreement, dated May 1, 2015 | 00 Xxxxxxxx Xxxxx Xx. Xxxxxxx, XX 00000 (Xxxxxx County) |
Sing Properties, LLC (Owner & Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
05/01/2015 | 05/01/2025 | NONE |
| Lease Agreement, dated June 1, 2016 | 0000 X. Xxxxxxx 00 Xxxxxxxx, XX 00000 (Pulaski County) |
Xxxxx X. Xxxxxxxx, Xxxx X. Xxxxxxxx, and Xxxxx X. Xxxxxxxx, Xx. (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
06/01/2016 | 06/01/2031 | two 5-year extensions |
| Lease Agreement, dated June 1, 2016 | 0000 X. Xxxxxxx 00 Xxxxxxxx, XX 00000 (Pulaski County) |
Xxxxx X. Xxxxxxxx, Xxxx X. Xxxxxxxx (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
06/01/2016 | 06/01/2031 | two 5-year extensions |
| Lease Agreement, dated March 1, 2017 | 000 Xxxxxxxxxx Xxxxx Xx. Xxxxxxxxxxx, XX 00000 (Queen Anne’s) |
GYI, LLC (Owner & Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
03/01/2017 | 03/31/2032 | two 5-year extensions |
| Lease for Commercial Office Space at Bay Bridge Marina, dated May 1, 2015 | 000 Xxxx Xxx Xx. Xxxxxxxxxxxx, XX 00000 (Queen Anne’s) |
Great American Life Ins. Co. (Owner) & Brothers Prop. Mgmt. (Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
05/01/2015 | 4/30/2016 | NONE |
| First Amendment to Lease for Commercial Office Space at Bay Bridge Marina, dated February 1, 2016 | SAME AS ABOVE | SAME AS ABOVE | Midwest Assets & Operations, LLC. | 05/01/2016 | 4/30/2017 | NONE |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Second Amendment to Lease for Commercial Office Space at Bay Bridge Marina, dated March 1, 2017 | SAME AS ABOVE | SAME AS ABOVE | Midwest Assets & Operations, LLC (Tenant) |
05/01/2017 | 04/30/2022 | NONE |
| Lease Agreement, dated June 1, 2018 |
000 Xxxxxxxx Xx.
0 Xxxxxxxx Xx.
00 Xxxxxxx Xx.
|
T & C NOMINEE TRUST u/d/t dated September 22, 2010 (Owner & Landlord) |
Bosun’s Assets & Operations, LLC (Tenant) |
06/01/2018 | 05/31/2028 | two 5-year extensions |
| Lease Agreement, dated June 1, 2018 |
000 Xxxxxxx Xx. & 000 Xxxxxxx Xx.
|
BOSUN’S NEWBURY NOMINEE TRUST u/d/t dated August 2, 2006 (Owner & Landlord) |
Bosun’s Assets & Operations, LLC (Tenant) |
06/01/2018 | 05/31/2028 | two 5-year extensions |
| Lease Agreement, dated June 1, 2018 | 0000 X. Xxxxxxxx Xxx. Xxxx Xxxxxxxx, XX 00000 (Barnstable County) |
R & G REALTY TRUST u/d/t dated December 6, 2011 (Owner & Landlord) |
Bosun’s Assets & Operations, LLC (Tenant) |
06/01/2018 | 05/31/2028 | two 5-year extensions |
| Slip Rental Agreement, dated June 1, 2018 | 00 Xxxx Xxxx Xxxxx Xxxxxxx, XX 00000 (Barnstable County) |
SHOESTRING BAY NOMINEE TRUST u/d/t dated December 12, 2001 (Owner & Landlord) |
Bosun’s Assets & Operations, LLC (Tenant) |
06/01/2018 | 10/31/2018 | NONE |
| Dockage Application and License Agreement | 0 Xxxx 0 00xx Xx. Xxxxxx, XX 00000 (Suffolk County) |
Charlestown Marina, LLC (Owner & Landlord) |
Bosun’s Assets & Operations, LLC (Tenant) |
05/01/2018 | 10/31/2018 | NONE |
| Assignment, dated June 1, 2018 |
SAME | Bosun’s Marine, Inc. (Assignor) |
Bosun’s Assets & Operations, LLC (Assignee) |
06/01/2018 | SAME | SAME |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| 2018 Summer Inquiry/Reservation dated Oct. 24, 2007 | 00 Xxxxx Xx. Xxxxx, XX 00000 (Essex County) |
SHM Hawthorne Cove, LLC (Owner & Landlord) |
Bosun’s Assets & Operations, LLC (Tenant) |
05/01/2018 | 11/15/2018 | NONE |
| Assignment, dated June 1, 2018 |
SAME | Bosun’s Marine, Inc. (Assignor) |
Bosun’s Assets & Operations, LLC (Assignee) |
06/01/2018 | SAME | SAME |
| 2018 Slip Agreement dated January 15, 2018 | 00 Xxxxx Xxxxxx Xx. Xxxx Xxxxxxxx, XX 00000 (Barnstable County) |
Green Pond Marina Associates, Inc.
Hoboken, LLC
|
Bosun’s Assets & Operations, LLC (Tenant) |
05/01/2018 | 10/31/2018 | NONE |
| Assignment, dated June 1, 2018 |
SAME | Bosun’s Marine, Inc. (Assignor) |
Bosun’s Assets & Operations, LLC (Assignee) |
06/01/2018 | SAME | SAME |
| Lease of Land, dated Jan. 1, 2012 | 000 Xxxx Xxxxxxxx Xxx. Xxxx Xxxxxxxx, XX 00000 (Barnstable County) |
The Cinroc, LLC
Xxxxxxx X. Xxxxxxxxx, Trustee of the Cinroc Realty Trust
|
Bosun’s Assets & Operations, LLC (Tenant) |
01/01/2012 | 12/31/2015 | two 3-year extensions |
| Assignment, dated June 1, 2018 |
SAME | Bosun’s Marine, Inc. (Assignor) |
Bosun’s Assets & Operations, LLC (Assignee) |
06/01/2018 | SAME | SAME |
| Lease Agreement, dated March 1, 2018 | 0 Xxxxx Xx. Xxx Xxxxxxxx, XX 00000 (Westchester County) |
Xxxxxxxx Enterprises, Inc. (Owner & Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
03/01/2018 | Month-to-month | NONE |
| Commercial Lease Agreement, dated March 1, 2017 | 1322 & 0000 Xxxxxx Xx. Xxxxxxxxxx, XX 00000 (New Hanover County) |
Xxxxxxx’x Landing Association, Inc. (Owner) & Xxxxxxx’x Landing, LLC (Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
04/01/2017 | 03/31/2022 | NONE |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement dated August 1, 2017 | 0000 Xxxxxxx Xxxxxxx Xxxxx, XX 00000 (Erie County) |
Three SeaSons Partners, LLC (Owner and Landlord) |
South Shore Lake Erie Assets & Operations, LLC (Tenant) |
08/01/2017 | 07/31/2032 | two 5-year extensions |
| Lease Agreement, dated June 1, 2017 | 0000 Xxxxxxx Xxxx Xxxxx, XX 00000 (Erie County) |
Al Sentzel (Owner and Landlord) |
South Shore Lake Erie Assets & Operations, LLC (Tenant) |
06/01/2017 | 06/01/2018 | NONE |
| Business Property Lease, dated October 1, 2017 | 0000 X. Xxxxxx Xxxx Xxxx Xxxxxxx, XX 00000 (Ottawa County) |
Xxxxx Crest Investors, LTD (Owner and Landlord) |
South Shore Lake Erie Assets & Operations, LLC (Tenant) |
10/01/2017 | 9/30/2018 | one 12-month extension |
| Summer Dock Agreement dated August 1,2017 | 000 Xxxxx Xxxxxx X.X. Xxx 000 Xxxxx, XX 00000 (Erie County) |
Huron Yacht Club, Inc. (Owner and Landlord) |
South Shore Lake Erie Assets & Operations, LLC (Tenant) |
08/01/2017 | 08/01/2018 | NONE |
| SonRise Summer Dockage Agreement dated October 15, 2016 | 0000 Xxxxx Xxxxxx Xxxxxxxx, XX 00000 (Erie County) |
Hoty Marine Group, LLC d/b/a SonRise Marina (Owner and Landlord) |
South Shore Lake Erie Assets & Operations, LLC (Tenant) |
10/01/2016 | 08/01/2018 | NONE |
| Lease Agreement, dated April 1, 2018 |
0000 Xxxxx Xxxxx 000 X. & 0000 Xxxxx Xxxxx 000 & 0000 Xxxxx Xxxxx 000 & 0000 Xxxxx Xxxxx 000 & 0000 Xxxxx Xxxxx 000 X. & 0000 Xxxxx Xx. & Xxxxxxxx Xx. & 0000 Xxxxxxxxxx Xxxx. & 0000 Xxxxxxxxxx Xxxx. & 0000 Xxxxxxxxxx Xxxx. & 000 Xxxxxxxxxx Xxx. & 000 Xxxxxxxxxx Xxx.
|
REBO, Inc. (Owner and Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
04/01/2018 | 03/31/2033 | two 5-year extensions |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated May 18, 2017 | 000 Xxxx Xx. Xxxxxxxx Xxxxx, XX 00000 (Xxxxx County) |
Xxxxx X. Xxxx (Owner & Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
05/01/2017 | 04/30/2022 | one 5-year extensions |
| Assignment, Assumption & Landlord Consent, dated April 1, 2018 | SAME AS ABOVE | Rebo, Inc. (Assignor) |
Midwest Assets & Operations, LLC (Assignee) |
SAME | SAME | SAME |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated July 22, 0000 | 00000 Xxxxxxxx Xx. 87 Buildings 1, 2, 6 & 7 Xxxxxxxx, XX 00000 (Xxxxx County) |
TRD Leasing, LLC
00-00 X 0xx
Xxxxxxxx Xxxx 00
|
Midwest Assets & Operations, LLC (Tenant) |
09/10/2017 | 09/1/2018 | four 1-year extensions |
| Assignment, Assumption & Landlord Consent, dated April 1, 2018 | SAME AS ABOVE | Rebo, Inc. (Assignor) |
Midwest Assets & Operations, LLC (Assignee) |
SAME | SAME | SAME |
| Office Lease Agreement, dated April 1, 2017 | 00 Xxxxxxxx Xx. Xxxxxxxxxx, XX 00000 (Charleston County) |
AMH-Xxxxxx Xxxxxx, LLC (Owner & Landlord) |
Midwest Assets & Operations, LLC (Tenant) |
04/01/2017 | 03/30/2018 | two 24-month extensions |
| Lease Agreement, dated February 27, 2019 | 00 Xxxxxxxx Xxxxx Xx. Xx. Xxxxxxxx, XX 00000 (Charleston County) |
Patriots Point
Brothers Property Management Corp. d/b/a Charleston Harbor Resort & Marina at Patriot’s Point
|
Midwest Assets & Operations, LLC (Tenant) |
03/01/2019 | 02/28/2020 | NONE |
| 2019 Charleston Harbor Resort &
Marina License Agreement for Dockage, dated February 26, 2019 (50’ Dock Slip) |
00 Xxxxxxxx Xxxxx Xx. Xx. Xxxxxxxx, XX 00000 (Charleston County) |
Patriots Point
Brothers Property Management Corp. d/b/a Charleston Harbor Resort & Marina at Patriot’s Point
|
Midwest Assets & Operations, LLC (Tenant) |
03/01/2019 | 02/28/2020 | NONE |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| 2019 Charleston Harbor
Resort & Marina License Agreement for Dockage, dated March 19, 2019 (50’ Dock Slip) |
00 Xxxxxxxx Xxxxx Xx. Xx. Xxxxxxxx, XX 00000 (Charleston County) |
Patriots Point
Brothers Property Management Corp. d/b/a Charleston Harbor Resort & Marina at Patriot’s Point
|
Midwest Assets & Operations, LLC (Tenant) |
04/01/2019 | 03/31/2020 | NONE |
| 2019 Charleston Harbor Resort &
Marina License Agreement for Dockage, dated March 19, 2019 (40’ Dock Slip) |
00 Xxxxxxxx Xxxxx Xx. Xx. Xxxxxxxx, XX 00000 (Charleston County) |
Patriots Point
Brothers Property Management Corp. d/b/a Charleston Harbor Resort & Marina at Patriot’s Point
|
Midwest Assets & Operations, LLC (Tenant) |
04/01/2019 | 03/31/2020 | NONE |
| Lease Agreement, dated June 1, 2015 | 0000 Xxxxxxx 000 Xxxxxxxxx, XX 00000 (Lexington County) |
A & M Properties, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
06/01/2015 | 06/01/2030 | two 5-year extensions |
| Lease Agreement, dated January 1, 2018 | 0000 Xxxxxxx 000 Xxxxxxxxx, XX 00000 (Lexington County) |
“Xxxxx X. Xxxxxxx Rev. Trust, dated 11/27/13
Xxxxxxx X. Xxxxxxx Trust, dated 11/27/13”
|
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
01/01/2018 | 12/31/2020 | NONE |
| Commercial Lease Agreement, dated July 24, 2014 | 00000 Xxxxx Xxx 00 Xxxxx, XX 00000 (Oconee County) |
North Keowee Land, LLC (Owner & Lessor) |
Xxxxxxxxx Assets & Operations, LLC (Lessee) |
08/01/2014 | 07/31/2029 | NONE |
| Lease Agreement, June 13, 2013 | 152 & 000 Xxxxxxx Xxx. Xxxxxx, XX 00000 (Xxxxxxx County) |
The Cliffs Club at Keowee Vineyards, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
04/01/2013 | 10/31/2015 | one 1-year extension |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated February 1, 2019 | 00000 Xxxxx Xxxxx Xx. Xxxx, XX 00000 (Richland County) |
Xxxxxxx Brothers, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
02/01/2019 | 01/312029 | two 5-year extensions |
| Lease Agreement, dated October 30, 2011 | 0000 X. Xxxxxxxx Xxx Xxxxxxxxxx, XX 00000 (Xxxxxx County) |
Xxxx Xxxx Boats, Inc. (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Sub-Tenant) |
10/30/2011 | 11/30/2021 | two 5-year extensions |
| Assignment and Assumption of Lease dated August 1, 2014 | SAME AS ABOVE | North Keowee Land, LLC (Leaseholder & Sublandlord) |
Xxxxxxxxx Assets & Operations, LLC (Subtenant) |
10/31/2011 | 11/30/2021 | two 5-year extensions |
| Lease, dated April 27, 2000 | 0000 X. Xxxxxxxx Xxx Xxxxxxxxxx, XX 00000 (Xxxxxx County) |
U.S. Army Corps of Engineers (Owner) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) | 04/15/2000 | 04/14/2025 | NONE |
| Lease Agreement, dated October 2, 2000 | SAME AS ABOVE | L.J.H. Corporation (Concessionaire) |
Xxxxx Enterprises, Inc. (Sublandlord) |
04/15/2000 | SAME | NONE |
| Commercial Real Property Sublease, dated December 14, 2018 | SAME AS ABOVE | The Slalom Shop, Inc. (Sub-Sublandlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
12/01/2018 | SAME | NONE |
| Commercial Lease Agreement, dated December 10, 2007 |
0000 XXXX Xx. & 0000 Xxxxxxxx Xx.
|
0000 XXXX Xxxxxxx, LP (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
02/01/2008 | 01/31/2013 | two 2-year extensions |
| First Amendment to Lease Agreement, dated April 28, 2017 | SAME AS ABOVE | SAME AS ABOVE | SAME AS ABOVE. | 11/30/2015 | 01/31/2018 | two 2-year extensions |
| Assignment, Assumption & Landlord Consent, dated February 1, 2018 | SAME AS ABOVE | Texas Marine & Brokerage, Inc (Assignor) | Xxxxxxxxx Assets & Operations, LLC (Assignee) |
SAME | SAME | two 2-year extensions |
| Description of Instrument | Address of the Subject Real Estate (including county) |
Lessor’s Name and Authority |
Lessee’s Name | effective date | Termination date | any renewal term or extension available |
| Lease Agreement, dated February 01, 2018 | 0000 Xxxxxxxxxx 00 X. Xxxxxxxx, XX 00000 (Jefferson County) |
JHMH REALTY, LLC - BEAUMONT SERIES (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
02/01/2018 | 01/31/2033 | two 5-year extensions |
| Commercial Lease Agreement, dated July 24, 2014 | 00000 Xxxxxxxxxx 00 X. Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Sing Properties, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
08/01/2014 | 07/31/2029 | NONE |
| Commercial Lease Agreement, dated October 13, 2016 | 000 X. Xxxxxxxxxx 00 Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Gene & Xxxxx Xxxx (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
11/01/2016 | 11/30/2022 | one 5-year extensions |
| Commercial Lease Agreement, dated February 1, 2018 |
0000 Xxxxxxxxxx 00 X. & 000 Xxxxxx Xxxx
|
JHMH REALTY, LLC - CONROE SERIES (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
02/01/2018 | 01/31/2033 | two 5-year extensions |
| Commercial Lease Agreement, dated February 2, 2015 | 0000 Xxxxxxxxxx 00 X. Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Xxx Xxxxxx (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
04/01/2015 | 03/31/2020 | NONE |
| Assignment, Assumption & Landlord Consent, dated February 1, 2018 | SAME AS ABOVE |
Texas Marine of Houston, Inc
(Assignor)
|
Xxxxxxxxx Assets & Operations, LLC (Assignee) |
SAME | SAME | NONE |
| Commercial Lease Agreement, dated February 1, 2018 | 000 Xxxx Xxx Xx. Xxxxxx, XX 00000 (Xxxxxxxxxx County) |
Pine Ridge Apartments, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
02/01/2018 | 10/01/2022 | NONE |
| Commercial Real Property Lease, dated December 14, 2018 | 000 Xxxxxxx Xxxx Xxxxxxx, XX 00000 (Palo Pinto County) |
Xxxxxx Properties, LLC (Owner & Landlord) |
Xxxxxxxxx Assets & Operations, LLC (Tenant) |
12/01/2018 | 12/01/2033 | two 5-year extensions |
Each agreement listed herein above is in full force and effect and Credit Parties do not have Knowledge of any default that has occurred and is continuing thereunder, and each such agreement constitutes the legally valid and binding obligation of each applicable Credit Party, enforceable against such Credit Party in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles.
