Security AgreementSecurity Agreement • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
[This Security Agreement (this “Agreement”) contains some provisions preceded by boxes. If a box is marked, the provision applies to this transaction. If it is not marked, the provision does not apply to this transaction.]
ENGINE SUPPLY AGREEMENTEngine Supply Agreement • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing
This Agreement, dated as of July 17, 2003, is entered into among Reginald M. Fountain, Jr. (hereinafter “RMF”), Fountain Powerboat Industries, Inc., a Nevada corporation (hereinafter “FPII”), Fountain Powerboats, Inc., a North Carolina corporation (“Company”), and the Mercury Marine division (hereinafter “Mercury”) of Brunswick Corporation, a Delaware corporation (hereinafter “Brunswick”).
Security AgreementSecurity Agreement • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
[This Security Agreement (this “Agreement”) contains some provisions preceded by boxes. If a box is marked, the provision applies to this transaction. If it is not marked, the provision does not apply to this transaction.]
LOAN AGREEMENTLoan Agreement • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
This Loan Agreement (the “Agreement”) dated as of July 17, 2003, by and between Bank of America, N.A., a national banking association (“Bank”) and the Borrower described below.
Continuing and Unconditional GuarantyContinuing and Unconditional Guaranty • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
MASTER AGREEMENTMaster Agreement • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • Illinois
Purchase Event means the occurrence of any of the following: (a) a Default under Section 10(g) of the Note; (b) an Event of Default; or (c) the Bank shall have given notice to Brunswick of a proposed amendment or modification of, or consent to any material waiver to or material departure by the Borrower from, any provision of the Loan Agreement pursuant to Section 4 below, and Brunswick shall have notified the Bank within three Business Days after receipt of such notice of Brunswick’s intent to purchase the Assigned Rights and Obligations pursuant to this Agreement.
Continuing and Unconditional GuarantyContinuing and Unconditional Guaranty • July 23rd, 2003 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
