AMENDMENT TO REVOLVING NOTE
Exhibit 10.29
AMENDMENT TO REVOLVING NOTE
THIS AMENDMENT (the “Amendment”), dated as of this 25th day of March, 2008 by and
between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 000
Xxxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000 (“Maker”) and BOCO INVESTMENTS, LLC, a
Colorado limited liability company, having an office at 000 Xxxx Xxxxxxxx Xxx., Xxxx Xxxxxxx,
Xxxxxxxx 00000 (“Holder”).
WITNESSETH:
WHEREAS, Maker has executed and delivered to Holder a Revolving Note dated March 30, 2007 (the
“Note”) to evidence Maker’s indebtedness to Holder in the principal amount of Three Million Dollars
($3,000,000.00); and
WHEREAS, Maker and Holder amended such Revolving Note (“Amendment No. 1”) on December 18, 2007
to waive a negative covenant which listed an “Event of Default” under the Note as a net loss under
GAAP of greater than $1,000,000 in any calendar quarter.
WHEREAS, Maker and Holder wish to clarify and define certain terms and provisions of the Note;
NOW, THEREFORE, in consideration of the premises set forth herein above, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, intending
to be legally bound, the parties hereto do hereby mutually and expressly understand and agree as
follows:
1. Maturity Date. Notwithstanding any other provision in the Note, the maturity date
of this Note shall be June 30, 2008.
2. Representations and Warranties. Maker hereby represents and warrants, and Holder
hereby acknowledges and agrees, that (a) no default has occurred under the Note, (b) except as
provided herein, the Note has not been modified or amended, and (c) the execution and delivery of
this Agreement has been duly authorized by all necessary action of the parties hereto.
3. Drawing Provisions. Maker shall be required to make formal written draw requests
of Holder prior to any future funding under the Note. Such draw requests shall be subject to
Holder approval, which will not be unreasonably withheld. Such requests shall be in the same or
similar form as may be required by Maker’s Senior Lenders; provided, however, that Holder reserves
the right to require additional, commercially reasonable information prior to approving such draws.
4. | Ratification. Except as modified by this Amendment, all of the terms
of the Note are ratified and reaffirmed and remain in full force and effect. |
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5. | Binding Provisions. The terms and conditions of this Amendment shall
be binding upon and shall inure to the benefit of the parties hereto, their successors
and assigns. |
6. | Governing Law. The terms and conditions of this Amendment shall be
governed by the applicable laws of the State of Colorado. |
IN WITNESS WHEREOF the parties hereto have each caused this Amendment to be executed by their
respective duly authorized representatives, as of the day and year first above written.
MAKER: ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation |
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By: | /s/ Xxxxx X. Xxxxxxx III | |||
Name: | Xxxxx X. Xxxxxxx III | |||
Title: | Chief Financial Officer | |||
HOLDER: BOCO INVESTMENTS, LLC, a Colorado limited liability company |
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By: | /s/ Xxxxxx X. Xxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxx | |||
Title: | Chief Executive Officer | |||
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