LOAN AGREEMENT between FOUNTAIN POWERBOATS, INC., as Borrower, FOUNTAIN POWERBOAT INDUSTRIES, INC., as Parent Guarantor and REGIONS BANK $16,500,000 Term Loan September 19, 2005Loan Agreement • September 23rd, 2005 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS LOAN AGREEMENT, dated as of September 19, 2005, is made and entered into by and between FOUNTAIN POWERBOATS, INC., a North Carolina corporation with its principal office at 1653 Whichard’s Beach Road, Washington, North Carolina 27889 (the “Borrower”), FOUNTAIN POWERBOAT INDUSTRIES, INC., a Nevada corporation (the “Parent”), and REGIONS BANK, an Alabama chartered bank with offices in Charlotte, North Carolina.
SECURITY AGREEMENTSecurity Agreement • September 23rd, 2005 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS SECURITY AGREEMENT, dated as of September 19, 2005 (as amended, supplemented or modified from time to time, this “Security Agreement”), is made by FOUNTAIN POWERBOATS, INC., a North Carolina corporation with its principal office at 1653 Whichard’s Beach Road, Washington, North Carolina 27889 (the “Borrower”), FOUNTAIN POWERBOAT INDUSTRIES, INC., a Nevada corporation (the “Parent” and together with the Borrower, the “Pledgors”), in favor of REGIONS BANK, an Alabama chartered bank with offices in Charlotte, North Carolina (the “Bank”). Except as otherwise provided herein, capitalized terms used herein without definition shall have the meanings given to them in the Loan Agreement referred to below.
DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT COLLATERAL INCLUDES FIXTURESDeed of Trust • September 23rd, 2005 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT made and entered into as of September 19, 2005, by and among FOUNTAIN POWERBOATS, INC., a North Carolina corporation, whose address is 1653 Whichard’s Beach Road, Washington, North Carolina 27889, and whose organizational identification number is 0055124 (hereinafter called “Grantor”), BRYAN F. KENNEDY, III, a resident of North Carolina, whose address is 6805 Morrison Boulevard, Suite 100, Charlotte, North Carolina 28211 (hereinafter called “Trustee”), and REGIONS BANK, an Alabama chartered bank, whose address is 6805 Morrison Boulevard, Suite 100, Charlotte, North Carolina 28211 (hereinafter called “Beneficiary”);
OMNIBUS AMENDMENT AND AGREEMENTOmnibus Amendment and Agreement • September 23rd, 2005 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • Illinois
This Omnibus Amendment and Agreement (this “Amendment”) is made and entered into as of this 13th day of September, 2005, by and among Brunswick Corporation, a Delaware corporation (“Brunswick”), Fountain Powerboat Industries, Inc., a Nevada corporation (“FPII”), Fountain Powerboats, Inc., a North Carolina corporation (the “Company”), and Reginald M. Fountain, Jr. (“RMF”).
PLEDGE AGREEMENTPledge Agreement • September 23rd, 2005 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS PLEDGE AGREEMENT, dated as of September 19, 2005 (as amended, supplemented or modified from time to time, this “Pledge Agreement”) is made by FOUNTAIN POWERBOAT INDUSTRIES, INC., a Nevada corporation with its principal office at 1653 Whichard’s Beach Road, Washington, North Carolina 27889 (the “Pledgor”), in favor of REGIONS BANK, an Alabama chartered bank with offices in Charlotte, North Carolina (the “Bank”). Except as otherwise provided herein, capitalized terms used herein without definition shall have the meanings given to them in the Loan Agreement referred to below.
