FORM OF GUARANTY AGREEMENT DATED JULY 12, 2007 BETWEEN GUARANTOR AND BENAROYA CAPITALGuaranty Agreement • July 13th, 2007 • Tullys Coffee Corp • Retail-eating places
This Guaranty Agreement (this “Guaranty”) is made as of July 12, 2007, by Mary Kay McCaw (“Guarantor”), in favor of BENAROYA CAPITAL COMPANY, L.L.C., a Washington limited liability company (together with its universal successors, participants and assigns “Lender”).
AGREEMENT BETWEEN TULLY’S COFFEE CORPORATION AND GUARANTOR RE BENAROYA CAPITAL FINANCINGAgreement • July 13th, 2007 • Tullys Coffee Corp • Retail-eating places • Washington
THIS AGREEMENT is entered into this 12th day of July, 2007 (the “Effective Date”), among TULLY’S COFFEE CORPORATION, a Washington corporation (the “Company”), and MARY KAY MCCAW (the “Guarantor”), and, for purposes of Sections 6.1 and 7 only, TOM T. O’KEEFE (“Tom O’Keefe”).
AMENDMENT # 1 TO CONTRACT OF SALE & SECURITY AGREEMENT between Northrim Funding Services, a Division of Northrim Bank & Tully’s Coffee Corporation DATED: November 9, 2006Contract of Sale • July 13th, 2007 • Tullys Coffee Corp • Retail-eating places
Subject to the terms and conditions of this Agreement, NFS/BANK agrees to fund against the purchase of Accounts Receivable hereunder an amount not to exceed the sum of ($5,000,000.00) Three Million and 00/100 or the Purchase Formula for the purchase of ALL of the Acceptable/Eligible Accounts, whichever is less.
AMENDMENT TO SECURED PROMISSORY NOTE AND SECURITY AGREEMENTSecured Promissory Note • July 13th, 2007 • Tullys Coffee Corp • Retail-eating places
This Amendment to Secured Promissory Note and Security Agreement (this “Amendment”) is made effective the 12th day of July (the “Effective Date”), 2007, by TULLY’S COFFEE CORPORATION, a Washington corporation (“Maker”), and BENAROYA CAPITAL COMPANY, L.L.C., a Washington limited liability company (“Holder”).
AMENDMENT TO GUARANTY AGREEMENTGuaranty Agreement • July 13th, 2007 • Tullys Coffee Corp • Retail-eating places
THIS AMENDMENT TO GUARANTY AGREEMENT (this “Amendment”), is dated for reference purposes July 12, 2007, and is by and between TOM T. O’KEEFE (“Guarantor”), and BENAROYA CAPITAL COMPANY, L.L.C., a Washington limited liability company (“Lender”).
AMENDMENT # 2 To INVENTORY SECURITY AGREEMENT between Northrim Funding Services, a Division of Northrim Bank & Tully’s Coffee Corporation DATED: November 9, 2006Inventory Security Agreement • July 13th, 2007 • Tullys Coffee Corp • Retail-eating places
The payment of all liabilities due NFS/BANK per the contract of sale and agreement dated November 9, 2006 executed and delivered by CLIENT to NFS/BANK for $3,000,000.00 (The Maximum Purchase Amount)
