TRI-PARTY AGREEMENTTri-Party Agreement • November 13th, 2006 • Cybex International Inc • Sporting & athletic goods, nec
This TRI-PARTY AGREEMENT (this “Agreement”) is made as of the 22nd day of August, 2006, by and among the City of Owatonna, Minnesota (the “City”), a municipal corporation and political subdivision organized and existing under the constitution and laws of the State of Minnesota, First Industrial Development Services, Inc., a Delaware corporation (the “Developer”), and Cybex International, Inc., a New York corporation (the “Company”).
INDUSTRIAL BUILDING LEASE (BUILD-TO-SUIT/TRIPLE NET)Acceptance Agreement • November 13th, 2006 • Cybex International Inc • Sporting & athletic goods, nec
• All truck doors and dock levelers should be serviced and placed in good operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). This would include the necessary (a) replacement of any dented truck door panels, broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard.
SEVENTH AMENDMENT TO FINANCING AGREEMENTFinancing Agreement • November 13th, 2006 • Cybex International Inc • Sporting & athletic goods, nec • New York
THIS SEVENTH AMENDMENT TO FINANCING AGREEMENT, dated as of October 17, 2006 (this “Amendment”), is made between CYBEX INTERNATIONAL, INC., a New York corporation (the “Borrower”), and THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation (“CIT”).
CITIZENS BANK OF MASSACHUSETTS LOAN AGREEMENT October 17, 2006Massachusetts Loan Agreement • November 13th, 2006 • Cybex International Inc • Sporting & athletic goods, nec
This Loan Agreement (the “Agreement”) is made by and between Cybex International, Inc., a New York corporation having a principal place of business at 10 Trotter Drive, Medway, Massachusetts 02053 (the “Borrower”) and Citizens Bank of Massachusetts, a Massachusetts banking corporation with its principal place of business at 28 State Street, Boston, Massachusetts 02109 (the “Bank”), with respect to a loan (the “Loan”) in the original principal amount of Thirteen Million Dollars ($13,000.000.00) (the “Loan Amount”) to be evidenced by, among other things, a Commercial Promissory Note to be made by the Borrower payable to the order of the Bank, as amended, extended, and modified from time to time (the “Note”).
AGREEMENT OF PURCHASE AND SALEAgreement of Purchase and Sale • November 13th, 2006 • Cybex International Inc • Sporting & athletic goods, nec • Minnesota
the provisions of the foregoing clauses (i) and (ii), neither party shall have a cause of action against the other under this Assignment as to such construction obligations, and each party’s recourse in relation to such construction obligations shall be solely as set forth in the Lease. Notwithstanding the foregoing, to the extent that the Company shall have paid any amounts directly to Seller (or to the City at the direction of Seller) in relation to amounts specifically due from Seller pursuant to the Development Agreement and the Purchase Price Note, then the Company shall be deemed to have satisfied such obligations hereunder.
BUSINESS SUBSIDY AGREEMENTBusiness Subsidy Agreement • November 13th, 2006 • Cybex International Inc • Sporting & athletic goods, nec
THIS AGREEMENT, made as of the 22nd day of August, 2006, by and between the City of Owatonna, Minnesota (the “City”), a municipal corporation and political subdivision organized and existing under the Constitution and laws of the State of Minnesota and Cybex International, Inc., a corporation organized and existing under the laws of the state of New York (the “Company”),
