aMEnDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 15th, 2012 • Banyan Rail Services Inc. • Real estate investment trusts • Illinois
Contract Type FiledMay 15th, 2012 Company Industry JurisdictionThis AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated and effective as of May 11, 2012 (the “Agreement” or “Loan Agreement”), is executed by and between THE WOOD ENERGY GROUP, INC., a Missouri corporation (the “Borrower”), whose address is 2255 Glades Road, Suite 342-W, Boca Raton, Florida 33431 and FIFTH THIRD BANK, an Ohio banking corporation (the “Bank”), whose address is 222 South Riverside Plaza, 32nd Floor, Chicago, Illinois, 60606.
Master Loan and Security AgreementLoan and Security Agreement • May 15th, 2012 • Banyan Rail Services Inc. • Real estate investment trusts • Ohio
Contract Type FiledMay 15th, 2012 Company Industry JurisdictionThis Master Loan and Security Agreement (this “Agreement”) dated as of March 26, 2012 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 THE WOOD ENERGY GROUP, INC., a corporation organized under the laws of the State of Missouri and having a principal place of business at 2255 Glades Road, Boca Raton, FL 33431 (“Borrower”).
aMENDED AND RESTATED Stock Pledge AgreementAmended and Restated Stock Pledge Agreement • May 15th, 2012 • Banyan Rail Services Inc. • Real estate investment trusts • Illinois
Contract Type FiledMay 15th, 2012 Company Industry JurisdictionThis AMENDED AND RESTATED STOCK PLEDGE AGREEMENT dated and effective as of May 11, 2012 (the “Pledge Agreement”), is executed by and between Banyan Rail Services, Inc. as successor by merger with B.H.I.T., INC., a Delaware corporation (the “Pledgor”), whose address is 2255 Glades Road, Suite 342-W, Boca Raton, Florida 33431 and FIFTH THIRD BANK, an Ohio banking corporation (the “Bank”), whose address is 222 South Riverside Plaza, 32nd Floor, Chicago, Illinois, 60606.
AMENDED AND RESTATED CORPORATE GUARANTY of bANYAN RAIL SERVICES, INC.Corporate Guaranty • May 15th, 2012 • Banyan Rail Services Inc. • Real estate investment trusts
Contract Type FiledMay 15th, 2012 Company IndustryTHIS AMENDED AND RESTATED CORPORATE GUARANTY (“Guaranty”) is made and entered into as of May 11, 2012, by Banyan Rail Services, Inc., as successor by merger with B.H.I.T., Inc., a Delaware Corporation whose address is 2255 Glades Road, Suite 342-W, Boca Raton, Florida 33431, on behalf of itself and its subsidiaries (the “Guarantor”), in favor of FIFTH THIRD BANK, a national banking association (“Bank”).
Promissory NoteBanyan Rail Services Inc. • May 15th, 2012 • Real estate investment trusts
Company FiledMay 15th, 2012 IndustryLender and Borrower have entered into that certain Master Loan and Security Agreement dated as of March 26, 2012 (the “Loan Agreement”), pursuant to which Lender has agreed to make the Loan to Borrower. The Obligations of Borrower are secured by the Collateral as provided in the Loan Agreement and this Note shall be subject to the terms and conditions of the Loan Agreement. Capitalized terms used herein and not otherwise defined shall have the meaning attributed thereto in the Loan Agreement. This Note relates to the Equipment described on Schedule A hereto.