Guaranty and Suretyship AgreementGuaranty and Suretyship Agreement • February 16th, 2011 • Liberator Medical Holdings, Inc. • Retail-drug stores and proprietary stores
THIS GUARANTY AND SURETYSHIP AGREEMENT (this “Guaranty”) is made and entered into as of this 11 day of February, 2011, by PRACTICA MEDICAL MANUFACTURING, INC. (the “Guarantor”), with an address at 2979 SE Gran Park Way, Stuart, Florida 34997, in consideration of the extension of credit by PNC BANK, NATIONAL ASSOCIATION (the “Bank”), with an address at 205 Datura Street, West Palm Beach, Florida 33401, to LIBERATOR MEDICAL HOLDINGS, INC. and LIBERATOR MEDICAL SUPPLY, INC. (the “Borrower”), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Security AgreementSecurity Agreement • February 16th, 2011 • Liberator Medical Holdings, Inc. • Retail-drug stores and proprietary stores
THIS SECURITY AGREEMENT (this “Agreement”), dated as of this 11 day of February, 2011, is made by LIBERATOR MEDICAL HOLDINGS, INC. (the “Grantor”), with an address at 2979 SE Gran Park Way, Stuart, Florida 34997, in favor of PNC BANK, NATIONAL ASSOCIATION (the “Bank”), with an address at 205 Datura Street, West Palm Beach, Florida 33401.
Revolving Line of Credit NoteRevolving Line of Credit Note • February 16th, 2011 • Liberator Medical Holdings, Inc. • Retail-drug stores and proprietary stores
FOR VALUE RECEIVED, LIBERATOR MEDICAL HOLDINGS, INC. and LIBERATOR MEDICAL SUPPLY, INC. (the “Borrower”), with an address at 2979 SE Gran Park Way, Stuart, Florida 34997, promises to pay to the order of PNC BANK, NATIONAL ASSOCIATION (the “Bank”), in lawful money of the United States of America in immediately available funds at its offices located at 205 Datura Street, West Palm Beach, Florida 33401, or at such other location as the Bank may designate from time to time, the principal sum of EIGHT MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($8,500,000.00) (the “Facility”) or such lesser amount as may be advanced to or for the benefit of the Borrower hereunder, together with interest accruing on the outstanding principal balance from the date hereof, all as provided below.
Borrowing Base RiderBorrowing Base Rider • February 16th, 2011 • Liberator Medical Holdings, Inc. • Retail-drug stores and proprietary stores
THIS BORROWING BASE RIDER (“Rider”) is executed this 11 day of February, 2011, by and between LIBERATOR MEDICAL HOLDINGS, INC. and LIBERATOR MEDICAL SUPPLY, INC. (the “Borrower”) with an address at 2979 SE Gran Park Way, Stuart, Florida 34997, and PNC BANK, NATIONAL ASSOCIATION (the “Bank”), with an address at 205 Datura Street, West Palm Beach, Florida 33401. This Rider is incorporated into and made part of that certain Letter Agreement dated February , 2011, and promissory note dated February 11, 2011, and also into certain other financing documents and security agreements executed by and between the Borrower and the Bank (all such documents including this Rider are collectively referred to as the “Loan Documents”). All initially capitalized terms not otherwise defined in this Rider shall have the same meanings assigned to such terms in the other Loan Documents.
