LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 27th, 2017 • SMG Indium Resources Ltd. • Crude petroleum & natural gas • Michigan
This Agreement dated May 11, 2017, is an agreement between CRESTMARK BANK (“Crestmark”), and M G CLEANERS, LLC, a Texas limited liability company (“Borrower”). In this Agreement, Crestmark and Borrower are collectively the “Parties”. Any person or entity who guarantees the obligations of Borrower (each a “Guarantor”) is required to sign this Agreement. The Parties have the addresses shown on the schedule (“Schedule”) which is attached to this Agreement. These are the addresses of the Parties for all purposes and may be changed by one party giving notice to the other party in writing of the new address.
AGREEMENT AND PLAN OF SHARE EXCHANGE by and among MG Cleaners LLC, a Texas limited liability company and the Members of MG Cleaners LLC listed herein, on the one hand ; and SMG Indium Resources Ltd., A Delaware corporation September 19, 2017 AGREEMENT...Share Exchange Agreement • October 27th, 2017 • SMG Indium Resources Ltd. • Crude petroleum & natural gas • New York
This Agreement and Plan of Share Exchange, dated as of September 19, 2017 (this “ Agreement ”), is made and entered into by and among MG Cleaners LLC, a Texas limited liability company (“ MG ”), and the members of MG listed on Schedule I attached hereto (each, an “ MG Member ”, and collectively, the “ MG Members ”), on the one hand; and SMG Indium Resources Ltd., a Delaware corporation (“ SMGI ”).
Agreement for the Purchase and Sale of Future ReceiptsPurchase and Sale of Future Receipts • October 27th, 2017 • SMG Indium Resources Ltd. • Crude petroleum & natural gas • New York
Effective, April, 07, 2017 Seller, identified above, hereby sells, assigns and transfers to Capital Stack, LLC, located at 11 Broadway, Suite 814, New York, NY 10004 (“Buyer”), without recourse, the Specified Percentage of the proceeds of each future sale made by Seller (collectively “Future Receipts”) until Seller has received the Purchased Amount. “Future Receipts” Includes all payments made by cash, check, ACH or other electronic transfer, credit card, debit card, bank card, charge card (each such card shall be referred to herein as a “Payment Card”) or other form of monetary payment in the ordinary course of Seller’s business. As payment for the Purchased Amount, Buyer will deliver to Seller the Purchase Price, shown above, minus any Origination Fee shown above, Seller acknowledges that it has no right to repurchase the Purchased Amount from Buyer.
SECURITY AGREEMENTSecurity Agreement • October 27th, 2017 • SMG Indium Resources Ltd. • Crude petroleum & natural gas • Michigan
This Security Agreement ("Agreement") is made September 19, 2017, by and between CRESTMARK BANK, whose address is 726 Highlandia Drive, Baton Rouge, Louisiana ("Crestrnark") and SMG INDIUM RESOURCES LTD., a Delaware corporation, whose address is 710 North Post Oak Drive, Suite 400, Houston, Texas 77024 ("Guarantor").
Powered By Libertas Funding LLCFuture Receivables Sale Agreement • October 27th, 2017 • SMG Indium Resources Ltd. • Crude petroleum & natural gas • New York
This FUTURE RECEIVABLES SALE AGREEMENT (“Agreement”) dated 8/4/2017, is made by and between Libertas Funding LLC, a Delaware limited liability company (“Purchaser”), Merchant (Merchant Information below), and the Guarantor(s)/Owner(s), as identified in the Owner/Guarantor Information below.
CORPORATE GUARANTYCorporate Guaranty • October 27th, 2017 • SMG Indium Resources Ltd. • Crude petroleum & natural gas
This Corporate Guaranty ("Guaranty") is made on September 19, 2017, by SMG INDIUM RESOURCES LTD., a Delaware corporation ("Guarantor"), in favor Crestmark Bank ("Crestmark") to induce Crestmark to continue credit and its loan to M G CLEANERS, LLC, a Texas limited liability company ("Borrower") and because Guarantor, whose economic success is vitally linked to Borrower's success, has determined that executing and delivering this Guaranty is in Guarantor's interest and to Guarantor's financial benefit.
