Addendum to Loan Agreement
Exhibit 10-5
Addendum to Loan Agreement
As of July 16, 2012, the loan agreement associated with Loan # 9660933082-90002/00002 in the original amount of $5,000,000, dated April 17, 2012 by and between BRANCH BANKING AND TRUST COMPANY (“Bank”) and The Goldfield Corporation, a State of Delaware corporation (“Borrower”), having its executive office at Melbourne, Florida is hereby amended as follows:
Section V Financial Covenants is modified to replace:
“Debt to Tangible Net Worth. A ratio of total liabilities to tangible net worth of not greater than 2.0 to 1.0. In the event that this ratio exceeds 1.6:1, then the interest rate shall increase by .40% as set forth in the Renewal and Additional Advance Promissory Note.”
with
“Debt to Tangible Net Worth. A ratio of total liabilities to tangible net worth of not greater than 2.25 to 1.0. In the event that this ratio exceeds 1.6:1, then the interest rate shall increase by .40% as set forth in the Renewal and Additional Advance Promissory Note.”
No other changes or modifications to the original agreement are made by this addendum. This addendum modification would supersede any prior change or addendum to this section of the loan agreement.
IN WITNESS WHEREOF, the Bank, Borrower and Guarantor(s) have caused this Agreement to be duly executed under seal all as of the date first above written.
Witnesses: | BORROWER: | |||||||
Signature: | /s/ Xxxx X. Xxxxxxx |
The Goldfield Corporation, a Delaware corporation | ||||||
Print Name: | Xxxx X. Xxxxxxx |
|||||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||||||
Xxxxxxx X. Xxxxxx | ||||||||
Signature: | /s/ Xxx Xxxxxx |
Title: Senior Vice President | ||||||
Print Name: | Xxx Xxxxxx |
|||||||
Witnesses: | GUARANTORS: | |||||||
Signature: | /s/ Xxxx X. Xxxxxxx |
Southeast Power, a Florida corporation | ||||||
Print Name: | Xxxx X. Xxxxxxx |
|||||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||||||
Xxxxxxx X. Xxxxxx | ||||||||
Signature: | /s/ Xxx Xxxxxx |
Title: Treasurer | ||||||
Print Name: | Xxx Xxxxxx |
|||||||
Signature: | /s/ Xxxx X. Xxxxxxx |
Pineapple House of Brevard, Inc., a Florida corporation | ||||||
Print Name: | Xxxx X. Xxxxxxx |
|||||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||||||
Xxxxxxx X. Xxxxxx | ||||||||
Signature: | /s/ Xxx Xxxxxx |
Title: Vice President | ||||||
Print Name: | Xxx Xxxxxx |
Signature: | /s/ Xxxx X. Xxxxxxx |
Bayswater Development Corporation, a Florida corporation | ||||||
Print Name: | Xxxx X. Xxxxxxx |
|||||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||||||
Xxxxxxx X. Xxxxxx | ||||||||
Signature: | /s/ Xxx Xxxxxx |
Title: Treasurer | ||||||
Print Name: | Xxx Xxxxxx |
|||||||
Witnesses: | BANK: | |||||||
Branch Banking and Trust Company | ||||||||
Signature: | /s/ Xxxxx Xxxxxx |
|||||||
By: | /s/ Xxxxx Xxxxxx | |||||||
Print Name: | Xxxxx Xxxxxx |
Xxxxx Xxxxxx | ||||||
Title: Senior Vice President | ||||||||
Signature: | /s/ Xxxxxxxx Xxxxx |
|||||||
Print Name: | Xxxxxxxx Xxxxx |