GROUND LEASEGround Lease • September 14th, 2011 • Boomerang Systems, Inc. • Engines & turbines • New Jersey
WHEREAS, Lessor is the owner of real property which is legally described on Exhibit A hereto and graphically depicted on Exhibit B hereto (the "Site"); and
December 23, 2010Commitment Letter • September 14th, 2011 • Boomerang Systems, Inc. • Engines & turbines
Boomerang Systems, Inc., a Delaware corporation (“Borrower” or “Company”), has requested the individuals and entities listed on the signature page hereto, (each a “Lender” and collectively “Lenders”) to extend credit to it to enable it upon the terms, and subject to the conditions, of this letter agreement (the “Commitment Letter”), to borrow (a) at any time and from time to time, prior to the Expiration Date (as defined below) up to an aggregate principal amount at any time outstanding not in excess of $3,250,000, the proceeds of such borrowings to be used by Borrower to fund Borrower’s working capital requirements. Lenders are willing to provide such credit facility to Borrower upon the terms and subject to the conditions set forth in this Commitment Letter.
EMPLOYMENT AGREEMENTEmployment Agreement • September 14th, 2011 • Boomerang Systems, Inc. • Engines & turbines • New Jersey
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of March 31, 2008 (the "Effective Date") between Boomerang Systems, Inc., a Delaware Corporation (the "Company") and Christopher Mulvihill (the "Executive").
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • September 14th, 2011 • Boomerang Systems, Inc. • Engines & turbines
Principal Loan Date Maturity $200,000.00 05-16-2010 05-16-2011 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "ww— has been omitted due to text length limitations.
ContractPromissory Note • September 14th, 2011 • Boomerang Systems, Inc. • Engines & turbines
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") AND APPLICABLE STATE SECURITIES LAWS. NO INTEREST IN THIS NOTE MAY BE OFFERED OR SOLD EXCEPT PURSUANT TO (i) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT, OR (ii) AN EXEMPTION FROM REGISTRATION UNDER THE ACT WHERE THE HOLDER HAS FURNISHED TO THE COMPANY AN OPINION OF ITS COUNSEL REASONABLY SATISFACTORY TO COUNSEL FOR PAYOR THAT AN EXEMPTION FROM REGISTRATION UNDER THE ACT IS AVAILABLE.
