ELEVENTH FORBEARANCE & MODIFICATION AGREEMENTForbearance & Modification Agreement • November 13th, 2008 • Titan Global Holdings, Inc. • Communications equipment, nec • Kansas
THIS ELEVENTH FORBEARANCE & MODIFICATION AGREEMENT (“Agreement”) is entered into effective as of the 31st day of October, 2008 by and among M&I Marshall & Ilsley Bank (for itself, as successor to Gold Bank, and for its successors and assigns, the “Lender”), Crescent Oil Company, Inc. (“Crescent Oil”), Crescent Stores Corporation (“Crescent Stores”), Titan Global Holdings, Inc. (“Titan”) and Phil Near, an individual (“Near”), all in reference to certain loans made by Lender to Crescent Oil and Crescent Stores pursuant to and in connection with a Loan and Security Agreement dated May 18, 2005 (“Base Agreement”), as amended by that certain Amendment No. 1 to Loan and Security Agreement and Other Transaction Documents dated August 17, 2005 (“1st Amendment”); Amendment No. 2 to Loan and Security Agreement and Other Transaction Documents dated January 18, 2006 (“2nd Amendment”); Amendment No. 3 to Loan and Security Agreement and Other Transaction Documents dated May 31, 2006 (“3rd Amendment”
