FIRST AMENDED AND RESTATED LOAN AGREEMENT between FOUNTAIN POWERBOATS, INC., as Borrower, FOUNTAIN POWERBOAT INDUSTRIES, INC., as Parent Guarantor FOUNTAIN DEALERS’ FACTORY SUPER STORE, INC., as Affiliate Guarantor and REGIONS BANK $14,500,000 Term...Loan Agreement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS FIRST AMENDED AND RESTATED LOAN AGREEMENT, dated as of November 16, 2007, is made and entered into by and among 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”), FOUNTAIN DEALERS’ FACTORY SUPER STORE, INC., a North Carolina corporation (the “Affiliate Guarantor”), and REGIONS BANK, an Alabama chartered bank with offices in Charlotte, North Carolina (together with its successors and assigns, the “Bank”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS AMENDED AND RESTATED SECURITY AGREEMENT, dated as of November 16, 2007 (“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 FOUNTAIN DEALERS’ FACTORY SUPER STORE, INC., a North Carolina corporation (the “Affiliate Guarantor,” and together with the Borrower and the Parent, 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.
SECOND AMENDMENT TO PLEDGE AGREEMENTPledge Agreement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS SECOND AMENDMENT TO PLEDGE AGREEMENT, dated as of September 28, 2007 (this “Amendment”), is made by and between FOUNTAIN POWERBOAT INDUSTRIES, INC., a Nevada corporation with its principal office at 1653 Whichard’s Beach Road, Washington, North Carolina 27889 (the “Pledgor”), and REGIONS BANK, an Alabama chartered bank with offices in Charlotte, North Carolina (the “Bank”).
This Instrument Was Prepared By And Upon Recording Return To: Patricia Snyder Womble Carlyle Sandridge & Rice, PLLCDeed of Trust, Assignment of Rents, Security Agreement, and Financing Statement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
DEALER FLOOR PLAN AND SECURITY AGREEMENTDealer Floor Plan and Security Agreement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”) is made as of the 24th day of September, 2008, by and among FOUNTAIN POWERBOATS, INC., a North Carolina corporation (the “Borrower”), FOUNTAIN POWERBOAT INDUSTRIES, INC., a Nevada corporation (the “Parent Guarantor”), FOUNTAIN DEALERS’ FACTORY SUPER STORE, INC., a North Carolina corporation (the “Affiliate Guarantor”) and REGIONS BANK (the “Bank”).
THIRD AMENDMENT TO PLEDGE AGREEMENTPledge Agreement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
THIS THIRD AMENDMENT TO PLEDGE AGREEMENT, dated as of November 16, 2007 (this “Amendment”), is made by and between FOUNTAIN POWERBOAT INDUSTRIES, INC., a Nevada corporation with its principal office at 1653 Whichard’s Beach Road, Washington, North Carolina 27889 (the “Pledgor”), and REGIONS BANK, an Alabama chartered bank with offices in Charlotte, North Carolina (the “Bank”).
This Instrument Was Prepared By And Upon Recording Return To: Patricia Snyder Womble Carlyle Sandridge & Rice, PLLCDeed of Trust, Assignment of Rents, Security Agreement, and Financing Statement • September 29th, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing • North Carolina
