TERM NOTE (THIRD LOAN)Term Note • March 12th, 2015 • Dixie Group Inc • Carpets & rugs
This Note is being issued pursuant to that certain Term Loan Agreement dated as of November 7, 2014, among the Maker, the Bank and certain guarantors therein mentioned and described, as said agreement has been and may be amended or modified (the "Loan Agreement"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Loan Agreement.
BILL OF SALEBill of Sale • March 12th, 2015 • Dixie Group Inc • Carpets & rugs
THIS BILL OF SALE, dated for convenience of reference as of October 1, 2014, from TDG OPERATIONS, LLC, a Georgia limited liability company, hereinafter referred to as “Vendor,” to the DEVELOPMENT AUTHORITY OF MURRAY COUNTY, a development authority and a public body corporate and politic of the State of Georgia, hereinafter referred to as “Vendee.”
SECOND AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Tennessee
This SECOND AMENDMENT TO TERM LOAN AGREEMENT ("Amendment") is entered into effective January 23, 2015, between TDG OPERATIONS, LLC, a Georgia limited liability company ("Borrower"), and FIRST TENNESSEE BANK NATIONAL ASSOCIATION, a national bank association ("Lender").
OPTION AGREEMENTOption Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Georgia
THIS OPTION AGREEMENT (this “Agreement”), dated for purposes of reference as of October 1, 2014, is by and between the DEVELOPMENT AUTHORITY OF MURRAY COUNTY (hereinafter referred to as the “Issuer”), the mailing address of which is 121 N. Fourth Avenue, Chatsworth, Georgia 30705, Attn: President, and TDG OPERATIONS, LLC (hereinafter referred to as “Company”), the mailing address of which is 2208 South Hamilton Street Extension, Dalton, Georgia 30721, Attn: Jon A. Faulkner, President.
MORTGAGE, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING by TDG OPERATIONS, LLC, a Georgia limited liability company, as Mortgagor, to and in favor of First Tennessee Bank National Association, a national banking association, as...Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing • March 12th, 2015 • Dixie Group Inc • Carpets & rugs
This Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (the "Mortgage") is made effective as of the 23rd day of January, 2015, by TDG OPERATIONS, LLC, a Georgia limited liability company (herein referred to as "Mortgagor") whose address is 2208 South Hamilton Street, Dalton, Georgia 30721, to and for the benefit of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, "Mortgagee" or "Beneficiary"), whose address is 701 Market Street, Chattanooga, Tennessee 37402.
BOND PURCHASE LOAN AGREEMENTBond Purchase Loan Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Georgia
This BOND PURCHASE LOAN AGREEMENT, dated as of October 1, 2014 (this “Agreement”), is by and between the DEVELOPMENT AUTHORITY OF MURRAY COUNTY (the “Issuer”), a development authority and public body corporate and politic, created and existing under the laws of the State of Georgia (the “State”), and TDG OPERATIONS, LLC, a Georgia limited liability company, in its capacity as the lessee (the “Company”) of the Project, referred to herein, and its successors and assigns as such lessee, and in its capacity as the purchaser (the “Purchaser”) of the hereinafter-described revenue bond of the Issuer.
AMENDED AND RESTATEDMortgagee's Subordination and Consent • March 12th, 2015 • Dixie Group Inc • Carpets & rugs
To induce WELLS FARGO CAPITAL FINANCE, LLC, as agent for a syndicate of lenders (in such capacity, "Agent"), and the lenders party to the below-described Credit Facility, to continue to extend secured credit to THE DIXIE GROUP, INC., a Tennessee corporation ("Dixie"), CANDLEWICK YARNS, LLC, an Alabama limited liability company ("Candlewick"), FABRICA INTERNATIONAL, INC., a California corporation ("Fabrica"), and TDG OPERATIONS, LLC, a Georgia limited liability company formerly known as Masland Carpets, LLC, ("TDG"; Dixie, Candlewick, Fabrica and TDG are referred to hereinafter individually as a "Borrower", and collectively as the "Borrowers"), FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the "Mortgagee") hereby certifies and agrees for the benefit of the Agent, and its successors and assigns, as follows:
AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Tennessee
This AMENDMENT TO TERM LOAN AGREEMENT ("Amendment") is entered into effective November 7, 2014, between TDG OPERATIONS, LLC, a Georgia limited liability company ("Borrower"), and FIRST TENNESSEE BANK NATIONAL ASSOCIATION, a national bank association ("Lender").
PROJECT DEVELOPMENT AGREEMENTProject Development Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Alabama
THIS PROJECT DEVELOPMENT AGREEMENT (this “Agreement”), dated this 11th day of December, 2014, is entered into by and between TDG OPERATIONS, LLC, a Georgia Limited Liability Company doing business as MASLAND CARPETS (“Masland”), and the CITY OF ATMORE, ALABAMA (“City”), both of which may from time to time be referred to individually as a “Party” and collectively as the “Parties”.
ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENTAssignment of Rents and Leases and Security Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Georgia
THIS ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (this “Security Document”), dated for purposes of reference as of October 1, 2014, is from the DEVELOPMENT AUTHORITY OF MURRAY COUNTY, a development authority and public body corporate and politic of the State of Georgia (the “Debtor”), the address of which is hereinafter set forth, to TDG OPERATIONS, LLC, a Georgia limited liability company (the “Secured Party”), the address of which is also hereinafter set forth, its successors and assigns that from time to time shall be the registered owner of the Bond described below; capitalized words and terms used herein, but not defined herein, shall have the meaning set forth in the Lease or the Bond Resolution (each as hereinafter defined):
ABOVE SPACE FOR RECORDER'S USE)Deed to Secure Debt, Assignment of Rents and Leases, Security Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs
This Deed to Secure Debt, Assignment of Rents and Leases, Security Agreement and Fixture Filing (the "Deed to Secure Debt") is made effective as of the 7th day of November, 2014, by TDG OPERATIONS, LLC, a Georgia limited liability company (herein referred to as "Grantor") whose address is 2208 South Hamilton Street, Dalton, Georgia 30721, to and for the benefit of First Tennessee Bank National Association, a national banking association (together with its successors and assigns, "Grantee" or "Beneficiary"), whose address is 701 Market Street, Chattanooga, Tennessee 37402.
PILOT AGREEMENTPilot Agreement • March 12th, 2015 • Dixie Group Inc • Carpets & rugs • Georgia
THIS PILOT AGREEMENT (this “Agreement”), dated as of October 1, 2014, but effective on the date the Bond referred to below is issued (the “Effective Date”), by and between the DEVELOPMENT AUTHORITY OF MURRAY COUNTY (the “Issuer”), a development authority and public body corporate and politic duly created by the Development Authorities Law, O.G.C.A. §36-62-1, et seq. (the “Act”), TDG OPERATIONS, LLC, a Georgia limited liability company (the “Company”), and MURRAY COUNTY, GEORGIA (the “County”), a county of the State of Georgia (the Issuer, the Company and the County, each a “Party,” or collectively, the “Parties”). The BOARD OF TAX ASSESSORS OF MURRAY COUNTY (the “Board of Assessors”) and the TAX COMMISSIONER OF MURRAY COUNTY (the “Tax Commissioner”) are each executing an Acknowledgment hereof attached to this Agreement in order to acknowledge their respective agreements to the provisions hereof which are applicable to them, but they are not considered to be Parties.
