SECOND AMENDMENT TO CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • California
This Second Amendment to Convertible Promissory Note (this "Amendment") is effective as of December 31, 2006 by and between United Breweries of America, Inc., a Delaware corporation ("Holder") and Mendocino Brewing Company, Inc., a California corporation (the "Company").
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • Minnesota
This Loan and Security Agreement (this “Agreement”) is executed by and among Marquette Business Credit, Inc., a Minnesota corporation (“Lender”), Mendocino Brewing Company, Inc., a California corporation (“Mendocino Brewing”) and Releta Brewing Company LLC, a Delaware limited liability company (“Releta Brewing”); together with Mendocino Brewing, collectively referred to herein as the “Borrowers”), as of November 16, 2006. Lender and Borrowers hereby agree as follows:
REVOLVING NOTERevolving Note • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • Delaware
FOR VALUE RECEIVED, the undersigned, MENDOCINO BREWING COMPANY, INC., a California corporation and RELETA BREWING COMPANY LLC, a Delaware limited liability company (the "Borrowers"), JOINTLY AND SEVERALLY promise to pay to the order of MARQUETTE BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender), on the Termination Date, or other due date or dates determined under the Loan Agreement hereinafter referred to, the principal sum of TWO MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2,750,000.00), or if less, the then aggregate unpaid principal amount of the Revolving Loans (as such term is defined in the Loan Agreement) as may be borrowed by the Borrowers under the Loan Agreement. All Revolving Loans and all payments of principal thereon shall be recorded by the holder in its records which records shall be conclusive evidence of the subject matter thereof, absent manifest error.
TERM NOTETerm Note • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • Delaware
FOR VALUE RECEIVED, the undersigned, MENDOCINO BREWING COMPANY, INC., a California corporation and RELETA BREWING COMPANY LLC, a Delaware limited liability company (the "Borrowers"), JOINTLY AND SEVERALLY promise to pay to the order of MARQUETTE BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender), on the Termination Date, or other due date or dates determined under the Loan Agreement hereinafter referred to, the principal sum of ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($1,525,000.00), or if less, the then aggregate unpaid principal amount of the Term Loan (as such term is defined in the Loan Agreement) as may be borrowed by the Borrowers under the Loan Agreement. The Term Loan and all payments of principal thereon shall be recorded by the holder in its records which records shall be conclusive evidence of the subject matter thereof, absent manifest error.
SIXTH AMENDMENT TO EXTENSION OF TERM OF NOTES UNDER MASTER LINE OF CREDIT AGREEMENTExtension of Term of Notes Under Master Line of Credit Agreement • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • California
This Sixth Amendment to Extension of Term of Notes under Master Line of Credit Agreement (this "Amendment") is entered into to be effective as of December 31, 2006 (the "Effective Date") by and between Mendocino Brewing Company, Inc., a California corporation ("Borrower"), and United Breweries of America, Inc., a Delaware corporation ("Lender").
CAPEX NOTECapex Loan Agreement • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • Delaware
FOR VALUE RECEIVED, the undersigned, MENDOCINO BREWING COMPANY, INC., a California corporation and RELETA BREWING COMPANY LLC, a Delaware limited liability company (the "Borrowers"), JOINTLY AND SEVERALLY promise to pay to the order of MARQUETTE BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender), on the Termination Date, or other due date or dates determined under the Loan Agreement hereinafter referred to, the principal sum of SIX HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($650,000.00), or if less, the then aggregate unpaid principal amount of the Capex Loans (as such term is defined in the Loan Agreement) as may be borrowed by the Borrowers under the Loan Agreement. All Capex Loans and all payments of principal thereon shall be recorded by the holder in its records which records shall be conclusive evidence of the subject matter thereof, absent manifest error.
FIFTH AMENDMENT TO EXTENSION OF TERM OF NOTES UNDER MASTER LINE OF CREDIT AGREEMENTExtension of Term of Notes Under Master Line of Credit Agreement • April 2nd, 2007 • Mendocino Brewing Co Inc • Malt beverages • California
This Fifth Amendment to Extension of Term of Notes under Master Line of Credit Agreement (this "Amendment") is entered into to be effective as of August 31, 2005 (the "Effective Date") by and between Mendocino Brewing Company, Inc., a California corporation ("Borrower"), and United Breweries of America, Inc., a Delaware corporation ("Lender").
