Common Contracts
2 similar Agreement contracts by Real Good Food Company, Inc.
ContractAgreement • September 26th, 2024 • Real Good Food Company, Inc. • Food and kindred products
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, (I) THE LIENS AND SECURITY INTERESTS GRANTED TO THE APPLICABLE SECOND PRIORITY REPRESENTATIVE (AS DEFINED IN THE JUNIOR LIEN INTERCREDITOR AGREEMENT) PURSUANT TO THIS AGREEMENT ARE EXPRESSLY SUBJECT AND SUBORDINATE TO THE LIENS AND SECURITY INTERESTS GRANTED TO EMBLEM-RGF MAIN LLC, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT UNDER AND PURSUANT TO THE SUPER-PRIORITY LOAN AND SECURITY AGREEMENT, DATED AS OF SEPTEMBER 20, 2024 (AS AMENDED, RESTATED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME), AND THE OTHER SENIOR PRIORITY REPRESENTATIVES (AS DEFINED IN THE JUNIOR LIEN INTERCREDITOR AGREEMENT), IF ANY, FROM THE BORROWER AND THE OTHER “GRANTORS” REFERRED TO THEREIN, IN FAVOR OF SUCH OTHER SENIOR PRIORITY REPRESENTATIVES (AS DEFINED IN THE JUNIOR LIEN INTERCREDITOR AGREEMENT), IF ANY, PURSUANT TO THE BELOW-DEFINED JUNIOR LIEN INTERCREDITOR AGREEMENT, AND (II) THE EXERCISE OF ANY RIGHT OR REMEDY BY THE SECOND P
PMC Financial Services Group, LLC Amended and Restated Super-Priority Loan and Security AgreementAgreement • September 26th, 2024 • Real Good Food Company, Inc. • Food and kindred products
WHEREAS, PMC Financial Services Group, LLC (the “Lender”) and Real Good Foods, LLC (f.k.a. The Real Good Food Company LLC), a Delaware limited liability company (the “Borrower”), whose chief executive office is located at the above address, are party to that certain Loan and Security Agreement, dated as of June 30, 2016 (as amended, supplemented, or otherwise modified prior to the Restatement Date, the “Existing Loan Agreement”), pursuant to which Lender made (a) Revolving Loans (as defined in the Existing Loan Agreement) in a principal amount as of the Restatement Date equal to $49,995,514.17 and unpaid interest and expenses in the amount of $1,654,120.87 (the “Existing Revolving Loan”), (b) the COI Equipment Term Loan (as defined in the Existing Loan Agreement) in a principal amount as of the Restatement Date equal to $9,194,249.20 and unpaid interest and expenses in the amount of $137,783.17 (the “Existing COI Equipment Term Loan”) and (c) the Term Loan B (as defined in the Existing
