CGI Finance, Inc.
Exhibit 10.26(a)
CGI Finance, Inc.
0000 Xxxxx Xxxxxx, 0xx xxxxx
Xxxxxxxxx, Xxxxxxxx 00000
September 14, 2011
VIA FEDERAL EXPRESS
MARINEMAX, Inc.
00000 XX Xxxxxxx 00 Xxxxx
Xxxxx 000
Xxxxxxxxxx, XX 00000
Attention: Xxxxxxx XxXxxx, Chief Financial Officer
Re: Notice of Extension of CGI Finance, Inc. Floor Plan Loan Agreement dated October 7, 2010 (this “Extension”)
Dear Xxxx:
We refer to that certain Floor Plan Loan Agreement dated October 7, 2010 by and among MARINEMAX, INC., a Delaware corporation, MARINEMAX EAST, INC., a Delaware corporation, MARINEMAX SERVICES, INC., a Delaware corporation, MARINEMAX NORTHEAST, LLC, a Delaware limited liability company, BOATING GEAR CENTER, LLC, a Delaware limited liability company, US LIQUIDATORS, LLC, a Delaware limited liability company, and NEWCOAST FINANCIAL SERVICES, LLC, a Delaware limited liability company (each a “Borrower” and collectively the “Borrowers”), and CGI FINANCE, INC., a Delaware corporation (together with its successors and assigns, “Lender”) (the “Agreement”). Capitalized terms used but not defined in this Extension shall have the meanings assigned to them in the Agreement.
In accordance with Section 2.04(b) of the Agreement Lender is pleased to hereby notify Borrowers of the extension of the Termination Date of the Floor Plan Credit. Hereafter the Termination Date of the Floor Plan Credit extended to Borrowers under the Agreement shall be August 31, 2012, unless that date is further extended by Lender in its sole and absolute discretion in accordance with Section 2.04(b) of the Agreement.
This Extension is the first occasion of a grant by Lender of a request by Borrowers for an extension of the Termination Date of the Floor Plan Credit.
By countersignature below, Borrowers (1) acknowledge the receipt and sufficiency of this Extension, (2) affirm and restate the representations and warranties specified at Article 5 of the Agreement, and (3) acknowledge that, except as expressly modified and superseded by this Extension, the terms and provisions of the Agreement and the other Credit Documents are
MarineMax, Inc.
Extension of CGI Finance, Inc. Floor Plan Loan Agreement dated October 7, 2010
September 14, 2011
Page 2
ratified and confirmed and shall continue in full force and effect. Borrowers and Lender agree that the Agreement and the other Credit Documents, as hereby extended, shall continue to be legal, valid, binding and enforceable in accordance with their respective terms.
Yours truly
Herve Bonnet
President and Chief Executive Officer
Acknowledged and agreed, this 15th day of September 2011:
MarineMax, Inc.
MarineMax East, Inc.
MarineMax Services, Inc.
MarineMax Northeast LLC
US Liquidators, LLC
Newcoast Financial Services, LLC
| By: |
| |
| Print Name: Xxxxxxx X. XxXxxx | ||
| Its: EVP | ||
| Being duly authorized | ||
Boating Gear Center, LLC
| By: | MarineMax East, Inc., |
| its sole member |
| By: |
| |
| Print Name: Xxxxxxx X. XxXxxx | ||
| Its: EVP | ||
| Being duly authorized | ||
