GUARANTYGuaranty • October 24th, 2018 • Strome Mezzanine Fund, Lp • Food and kindred products
In order to induce Strome Mezzanine Fund LP (“Strome Mezz” or “Participant”) to participate in a principal equivalent amount of $691,187.08 (the “New Purchase Price”) in a loan of up to, as of the date hereof, $20,000,000 (the “Loan”) made by HEP Investments, LLC, a Michigan limited liability company (“Lender”) to Zivo Bioscience, Inc. (f/k/a Health Enhancement Products, Inc.), a Nevada corporation (“Borrower”), through the purchase of a participation interest in the Loan pursuant to a Participation Agreement of even date herewith (the amount funded by Participant under such Participation Agreement, the “Participation”), Laith Yaldoo (“Guarantor”), having a direct or indirect interest in Lender, absolutely and irrevocably guarantees unto Participant (i) the full payment, performance and observance of the Guaranty Obligations (as hereinafter defined) and (ii) the payment of all Enforcement Costs (as hereinafter defined), in accordance with the terms and subject to the conditions set for
first amended and restated PARTICIPATION AGREEMENTParticipation Agreement • October 24th, 2018 • Strome Mezzanine Fund, Lp • Food and kindred products • Nevada
Strome Mezzanine Fund LP (“Strome Mezz”), Strome Alpha Fund LP (“Strome Alpha” and, together with Strome Mezz, “Participant”) and HEP Investments, LLC, a Michigan limited liability company (in its capacity as a first lien lender “Lender” and, with the Participant, each a “Party” and collectively the “Parties”), enter into this First Amended and Restated Participation Agreement (“Agreement”) on the date stated below.
