Banc of America Leasing & Capital, LLC Master Loan and Security Agreement Number: 21379-70000Master Loan and Security Agreement • July 1st, 2010 • Primoris Services CORP • Water, sewer, pipeline, comm & power line construction
This Master Loan and Security Agreement, dated as of June 25, 2010 (this “Agreement”), is by and between Banc of America Leasing & Capital, LLC, a Delaware limited liability company having an office at 2059 Northlake Parkway, 3 North, Tucker, GA 30084 (together with its successors and assigns, “Lender”), and Stellaris LLC as “Borrower”, a limited liability company existing under the laws of the state of Nevada, and having its chief executive office and any organizational identification number as specified with its execution of this Agreement below. Certain defined terms used herein are identified in bold face and quotation marks throughout this Agreement and in Section 14 below. This Agreement sets forth the terms and conditions for the financing of Equipment between Lender and Borrower pursuant to one or more “Equipment Notes” incorporating by reference the terms of this Agreement, together with all exhibits, addenda, schedules, certificates, riders and other documents and instruments
MASTER LOAN AND SECURITY AGREEMENTMaster Loan and Security Agreement • July 1st, 2010 • Primoris Services CORP • Water, sewer, pipeline, comm & power line construction • Ohio
This Master Loan and Security Agreement (this “Agreement”) dated as of August 31, 2009 is made by and between FIFTH THIRD BANK, an Ohio banking corporation, for itself and as agent for any affiliate of Fifth Third Bancorp (together with its successors and assigns, the “Lender”), and STELLARIS LLC, a limited liability company organized under the laws of the State of Nevada and having a principal place of business at 26000 Commercentre Drive, Lake Forest, CA 92630 (“Borrower”).
AMENDMENT NO. 001 TO MASTER LOAN AND SECURITY AGREEMENTMaster Loan and Security Agreement • July 1st, 2010 • Primoris Services CORP • Water, sewer, pipeline, comm & power line construction
This Amendment No. 001 dated June 16, 2010 amends that certain Master Loan and Security Agreement (the “Agreement”) dated as of August 31, 2009 by and between FIFTH THIRD BANK, an Ohio corporation, having an office at 38 Fountain Square Plaza, Cincinnati, Ohio 45263 (the “Lender”), and STELLARIS LLC, a limited liability company organized under the laws of the State of Nevada and having a principal place of business at 26000 Commercentre Drive, Lake Forest, California 92630, and JAMES CONSTRUCTION GROUP, L.L.C., a limited liability company organized under the laws of the State of Florida and having a principal place of business at 11000 Industriplex Blvd., Suite 150, Baton Rouge, Louisiana (collectively, “Borrowers” and each individually a “Borrower”). Unless otherwise specified herein, all capitalized terms shall have the meanings ascribed to them in the Agreement.
AMENDMENT No. 002 TO MASTER LOAN AND SECURITY AGREEMENTMaster Loan and Security Agreement • July 1st, 2010 • Primoris Services CORP • Water, sewer, pipeline, comm & power line construction
This Amendment No. 002 dated June 29, 2010 amends that certain Master Loan and Security Agreement (the “Agreement”) dated as of August 31, 2009 by and between FIFTH THIRD BANK, (the “Lender”), and STELLARIS LLC, and JAMES CONSTRUCTION GROUP, L.L.C., (collectively, “Borrowers” and each individually a “Borrower”). Unless otherwise specified herein, all capitalized terms shall have the meanings ascribed to them in the Agreement.
Banc of America Leasing & Capital, LLC Equipment Security Note Number 70001Equipment Security Note • July 1st, 2010 • Primoris Services CORP • Water, sewer, pipeline, comm & power line construction
This Equipment Security Note No. 70001, dated as of June 25, 2010, (this “Equipment Note”), is entered into pursuant to and incorporates by this reference all of the terms and provisions of that certain Master Loan and Security Agreement No. 21379-70000 dated as of June 25, 2010 (the “Master Agreement”), by and between Banc of America Leasing & Capital, LLC (“Lender”) and Stellaris LLC (“Co-Borrower”) and James Construction Group, L.L.C. (“Co-Borrower”) (each a Co-Borrower herein, together referred to as “Borrower”). All capitalized terms used herein and not defined herein shall have the respective meanings assigned to such terms in the Master Agreement. If any provision of this Equipment Note conflicts with any provision of the Master Agreement, the provisions contained in this Equipment Note shall prevail. Borrower hereby authorizes Lender to insert the serial numbers and other identification data of the Equipment, dates, and other omitted factual matters or descriptions in this Equi
Addendum to Master Loan and Security Agreement No. 21379-70000Master Loan and Security Agreement • July 1st, 2010 • Primoris Services CORP • Water, sewer, pipeline, comm & power line construction
This Addendum (the “Addendum”) is an addendum to that certain Master Loan and Security Agreement No. 21379-70000 dated as of June 25, 2010 (the “Agreement”) by and between Banc of America Leasing & Capital, LLC (“Lender”) and Stellaris LLC (“Borrower”), who have determined that it is to their mutual benefit to make certain amendments to the Agreement and each of the Loans and Related Agreements in connection therewith (collectively, the “Loan Documents”). The parties hereto desire that each of the entities executing this Addendum as a Co-Borrower below (together with the Borrower, each a “Co-Borrower” and collectively the “Co-Borrowers”) be and become a party to each of the Loan Documents as of the effective dates thereof. All capitalized terms used herein without definition shall have the respective meaning assigned or referred to them in the Agreement. Accordingly, for good and valuable consideration, intending to be legally bound and pursuant to the terms and conditions of the Agree
