0001193125-09-070656 Sample Contracts

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Modification of Mortgage • April 1st, 2009 • Alico Inc • Agricultural production-crops

THIS FOURTH MODIFICATION OF MORTGAGE, COLLATERAL ASSIGNMENT OF LEASES, RENTS AND PROFITS AND NON-TAXABLE AGREEMENT NOT TO ENCUMBER OR TRANSFER PROPERTY SPREADER AGREEMENT SECURES A REVOLVING LINE OF CREDIT LOAN ORIGINALLY IN THE AMOUNT OF UP TO $125,000,000 REDUCED TO $75,000,000, A TERM LOAN ORIGINALLY IN THE PRINCIPAL AMOUNT OF $19,000,000, AND A TERM LOAN ORIGINALLY IN THE PRINCIPAL AMOUNT OF $50,000,000.

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SIXTH AMENDMENT TO RESTATED LOAN AGREEMENT
Loan Agreement • April 1st, 2009 • Alico Inc • Agricultural production-crops • Florida

THIS SIXTH AMENDMENT TO RESTATED LOAN AGREEMENT (the “Amendment”) is made and entered into on March 30, 2009, by and among Farm Credit of Southwest Florida, ACA, an agricultural credit association for itself and as agent/nominee for other lending institutions having an interest, direct or indirect, in the Term Loan (as defined hereinbelow) from time to time (the “Lender”) and ALICO, INC. a Florida corporation (the “Borrower”) (Lender and Borrower together, the “Parties”, and, singly, a “Party”) and amends that Restated Loan Agreement between Borrower and Lender dated as of July 8, 1999, as amended on July 30th, 1999, on May 5, 2000, on October 11, 2005, on May 26, 2006, and on August 30, 2007 (collectively, the “Loan Agreement”). Any capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Loan Agreement.

FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • April 1st, 2009 • Alico Inc • Agricultural production-crops • Florida

THIS FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT (the “Amendment”) is made and entered into to be effective the 30th day of March, 2009 by and between Farm Credit of Southwest Florida, ACA, an agricultural credit association for itself and as agent/nominee for other lending institutions having an interest, direct or indirect, in the Loan (as defined hereinbelow) from time to time (the “Lender”) and ALICO, Inc., a Florida corporation (“Borrower”) (Lender and Borrower together, the “Parties”, and, each singly, a “Party”) and amends that certain Amended and Restated Loan Agreement among the Parties dated to be effective as of May 26, 2006, as amended on August 30, 2007, on February 26, 2008, on March 25, 2008, and on September 3, 2008 (collectively, the “Loan Agreement”).

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