CONSTRUCTION LOAN AGREEMENT for a loan in the aggregate amount of up to MADE BY AND BETWEENConstruction Loan Agreement • July 20th, 2006 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
THIS CONSTRUCTION LOAN AGREEMENT (this “Agreement”) is made as of July 14, 2006, by and between KAPALUA BAY, LLC, a Delaware limited liability company, (“Borrower”), and LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation (together with its successors and/or assigns, “Lender”).
COMPLETION GUARANTYCompletion Guaranty • July 20th, 2006 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
COMPLETION GUARANTY, dated as of July 14, 2006 (this “Guaranty”), made by MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii Corporation, having an address at 120 Kane Street, Kapalua, Maui, Hawaii 96732 (“ML&P”); THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., a Delaware corporation, having an office at 6649 Westwood Boulevard, Suite 500, Orlando, Florida 32821 (“Ritz-Carlton”); and EXCLUSIVE RESORTS DEVELOPMENT COMPANY, LLC, a Delaware limited liability company, having an address at 1530 16th Street, Suite 500, Denver, Colorado 80202 (“Exclusive Resorts”; ML&P, Ritz Carlton and Exclusive Resorts being referred to herein individually as a “Guarantor” and collectively as “Guarantors”), in favor of LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, having an office at 399 Park Avenue, New York, New York 10022 (“Lender”).
FEE AND LEASEHOLD MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILINGFee and Leasehold Mortgage, Security Agreement and Fixture Filing • July 20th, 2006 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
THIS FEE AND LEASEHOLD MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this 14th day of July, 2006, by KAPALUA BAY, LLC, a Delaware limited liability company, having an address at c/o Maui Land & Pineapple Company, Inc., 120 Kane Street, Kapalua, Maui, Hawaii 96732, as mortgagor (“Borrower”) to LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, having an address at 399 Park Avenue, New York, New York 10022, as mortgagee (“Lender”).
RECOURSE GUARANTYRecourse Guaranty • July 20th, 2006 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
This RECOURSE GUARANTY, dated as of July 14, 2006 (this “Guaranty”), made by MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii Corporation, having an address at 120 Kane Street, Kapalua, Maui, Hawaii 96732 (“ML&P”); THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., a Delaware corporation, having an office at 6649 Westwood Boulevard, Suite 500, Orlando, Florida 32821 (“Ritz-Carlton”); and EXCLUSIVE RESORTS DEVELOPMENT COMPANY, LLC, a Delaware limited liability company, having an address at 1530 16th Street, Suite 500, Denver, Colorado 80202 (“Exclusive Resorts”; ML&P, Ritz Carlton and Exclusive Resorts being referred to herein individually as a “Principal” and collectively as “Principals”), in favor of LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, having an office at 399 Park Avenue, New York, New York 10022 (“Lender”).
