AMENDED AND RESTATED MINERAL PRODUCT RECEIVABLES PURCHASE AGREEMENTMineral Product Receivables Purchase Agreement • November 14th, 2013 • Eastern Resources, Inc. • Services-motion picture & video tape production • Delaware
This AMENDED AND RESTATED MINERAL PRODUCT RECEIVABLES PURCHASE AGREEMENT (the “Agreement”), dated as of the ____ day of ________, 2013 (the “Effective Date”), by and among ELKHORN GOLDFIELDS, INC. (“EGI”), a Montana corporation, and a majority owned, indirect subsidiary of Elkhorn Goldfields, LLC (“EGLLC”) and by and among the Persons identified as a Purchaser on Schedule “A” attached hereto and who have executed a counterpart of this Agreement as a Purchaser, as updated from time to time, the “Purchaser(s)”.
PROMISSORY NOTEPromissory Note • November 14th, 2013 • Eastern Resources, Inc. • Services-motion picture & video tape production • Colorado
THIS PROMISSORY NOTE (“Note”) is entered into as of October __, 2013 (the “Effective Date”) by and between Elkhorn Goldfields, Inc., (“Payor”), and _____________________________ (the “Lender”). The Payor and Lender are hereafter sometimes referred to individually as “Party” or collectively as “Parties”.
GORDON SNYDER, ADMINISTRATIVE AGENT October 31, 2013Letter Agreement • November 14th, 2013 • Eastern Resources, Inc. • Services-motion picture & video tape production
This letter agreement (“Letter Agreement”), when signed and delivered on behalf of the Obligor Parties, will set forth the terms, conditions, representations, warranties and covenants which the Obligor Parties (hereinafter defined) have offered in order to induce Gordon Snyder, acting as Administrative Agent (“Administrative Agent”) on behalf of the holders (“Secured Creditors”) of certain notes given to evidence their obligations under certain loan agreements (collectively, the “Loan Agreements”) described more fully in that certain Loan Reinstatement and Modification Agreement made effective April 6, 2012 (“Loan Reinstatement Agreement”), to (a) agree to extend the term of that certain Intercreditor and Standstill Agreement dated as of May 14, 2013 (the “Standstill”) by and among (i) Gordon Snyder, as administrative agent (“Administrative Agent”) for the Secured Creditors; (ii) Black Diamond Holdings LLC (“BDH”), for itself and as authorized agent for certain additional purchasers of
