THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • March 6th, 2017 • Black Diamond, Inc. • Sporting & athletic goods, nec • Utah
This Third Amendment to Second Amended and Restated Loan Agreement (the “Amendment”) is made and entered into as of March 3, 2017 by and among Black Diamond, Inc., a Delaware corporation, Black Diamond Equipment, Ltd., a Delaware corporation, Black Diamond Retail, Inc., a Delaware corporation, Everest/Sapphire Acquisition, LLC, a Delaware limited liability company, BD North American Holdings, LLC, a Delaware limited liability company, PIEPS Service, LLC, a Delaware limited liability company, and BD European Holdings, LLC, a Delaware limited liability company (collectively, “Borrowers”), and ZB, N.A. dba Zions First National Bank (“Lender”).
THIRD AMENDED AND RESTATED PROMISSORY NOTE (Revolving Loan)Promissory Note • March 6th, 2017 • Black Diamond, Inc. • Sporting & athletic goods, nec • Utah
For value received, Borrowers promise to pay to the order of Lender on the Maturity Date (or such earlier date as prescribed by and in accordance with the Loan Agreement referenced below) at Corporate Banking Group, One South Main, Suite 200, Salt Lake City, Utah 84111, the sum of twenty million dollars ($20,000,000.00) or such other principal balance as may be outstanding hereunder in lawful money of the United States with interest thereon calculated and payable as provided in this Third Amended and Restated Promissory Note (Revolving Loan) (this “Note”) and in that certain Second Amended and Restated Loan Agreement dated October 31, 2014, by and among Borrowers, the other Loan Parties from time to time party thereto, and Lender, together with any exhibits, amendments, addenda, and modifications (as amended, supplemented, restated, amended and restated, or otherwise modified from time to time and together with any exhibits, schedules and addendums thereto, the “Loan Agreement”).
