OPERATING AGREEMENT FOR GREAT AMERICAN GROUP MACHINERY & EQUIPMENT, LLCOperating Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
THIS OPERATING AGREEMENT (the “Agreement”) is made and entered into as of this 10th day of April, 2007 (the “Effective Date”), by and among GREAT AMERICAN GROUP, LLC, a California limited liability company (“GAG”), MARC SWIRSKY (“Swirsky”), LESTER FRIEDMAN, an individual (“Friedman”), PAUL ERICKSON, an individual (“Erickson”) and JOHN BANKERT, an individual (“Bankert”). Each of the foregoing individuals and entities is a “Member,” and, collectively, they are the “Members.”
CREDIT AGREEMENT Dated as of October 21, 2008 between GREAT AMERICAN GROUP WF, LLC, as Borrower, and WELLS FARGO RETAIL FINANCE, LLC, as LenderCredit Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • Massachusetts
THIS CREDIT AGREEMENT (“Agreement”) is entered into as of October 21, 2008, by and between GREAT AMERICAN GROUP WF, LLC, a California limited liability company (“Borrower”), and WELLS FARGO RETAIL FINANCE, LLC, a limited liability company organized under the laws of the State of Delaware (“Lender”).
SECURITY AGREEMENT dated as of May 29, 2008 among GREAT AMERICAN GROUP ENERGY EQUIPMENT, LLC as Grantor, GREAT AMERICAN GROUP, LLC as Member, and GARRISON LOAN AGENCY SERVICES LLC as Collateral AgentSecurity Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • New York
SECURITY AGREEMENT dated as of May 29, 2008, among Great American Group Energy Equipment, LLC, a California limited liability company (the “Grantor”), Great American Group, LLC, California limited liability company (the “Member”), and Garrison Loan Agency Services LLC, a Delaware limited liability company (as agent on behalf of the Lenders (as defined below), the “Collateral Agent”).
GREAT AMERICAN GROUP, LLC GUARANTYGuaranty • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • New York
This GREAT AMERICAN GROUP, LLC GUARANTY (this “Guaranty”), dated as of May 29, 2008, is entered into by Great American Group, LLC, a California limited liability company (“Guarantor”), in favor of Garrison Special Opportunities Fund LP., a Delaware limited partnership (“GSOP”), Gage Investment Group, LLC, a Delaware limited liability company (“GAGE” and together with GSOP, the “Lenders”) and Garrison Loan Agency Services LLC (“Administrative Agent” and together with the Lenders, the “Financing Parties”).
SECURITY AGREEMENTSecurity Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
SECURITY AGREEMENT, dated as of October 25, 2000, between GREAT AMERICAN VENTURE, LLC, a California limited liability company (“Grantor”), and GENERAL ELECTRIC CAPITAL CORPORATION, a corporation organized under the banking laws of the State of New York (“Lender”).
SECURITY AGREEMENTSecurity Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • Massachusetts
SECURITY AGREEMENT, dated as of October 21, 2008, between GREAT AMERICAN GROUP WF, LLC, a California limited liability company (“Grantor”), and WELLS FARGO RETAIL FINANCE, LLC, a limited liability company organized under the laws of the State of Delaware (“Lender”).
NON-NOTIFICATION FACTORING AND SECURITY AGREEMENTFactoring and Security Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
Client and FCC, LLC, a Florida limited liability company doing business as First Capital Western Region, LLC (“Factor”), hereby agree to the terms and conditions set forth in this Non-Notification Factoring and Security Agreement (“Agreement”):
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (“First Amendment”) is entered into as of October 23, 2003, by and between GREAT AMERICAN VENTURE, LLC, a California limited liability company (“Borrower”), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”), with reference to the following facts, which shall be construed as part of this First Amendment:
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of August 27, 2009 (the “First Amendment Effective Date”) is entered into by and among WELLS FARGO RETAIL FINANCE, LLC, as lender (the “Lender”) and GREAT AMERICAN GROUP WF, LLC, a California limited liability company (the “Borrower”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Second Amendment” or this “Amendment”) is entered into as of October 4, 2006, by and between GREAT AMERICAN VENTURE, LLC, a California limited liability company (“Borrower”), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”), with reference to the following facts, which shall be construed as part of this Second Amendment:
FIRST AMENDED AND RESTATED LIMITED GUARANTYLimited Guaranty • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • Massachusetts
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED, each of Great American Group, Inc., a Delaware corporation (“GAG Inc.”), and Great American Group, LLC, a Delaware limited liability company (“Great American”), as of August 27, 2009, jointly and severally unconditionally guaranties to Wells Fargo Retail Finance, LLC, (together, with any of its successors-in-interest the “Lender”), with an address at One Boston Place, 18th Floor, Boston, Massachusetts 02108, in its capacity as Lender under the Credit Agreement (as defined below), in accordance with the terms and conditions hereof, the payment of the Guaranteed Amount (as defined below).
CREDIT AGREEMENT Dated as of October 25, 2000 between GREAT AMERICAN VENTURE, LLC, as Borrower, and GENERAL ELECTRIC CAPITAL CORPORATION, as LenderCredit Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
THIS CREDIT AGREEMENT (“Agreement”) is entered into as of October 25, 2000, by and between GREAT AMERICAN VENTURE, LLC, a California limited liability company (“Borrower”), and GENERAL ELECTRIC CAPITAL CORPORATION, a corporation organized under the banking laws of the State of New York (“Lender”).
CREDIT AGREEMENT dated as of May 29, 2008 among GREAT AMERICAN GROUP ENERGY EQUIPMENT, LLC, THE LENDERS PARTY HERETO, and GARRISON LOAN AGENCY SERVICES LLC,Credit Agreement • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • New York
This CREDIT AGREEMENT dated as of May 29, 2008, among GREAT AMERICAN GROUP ENERGY EQUIPMENT, LLC, a California limited liability company, as borrower (the “Borrower”), GARRISON SPECIAL OPPORTUNITIES FUND LP, a Delaware limited partnership, as a lender, GAGE INVESTMENT GROUP LLC, a Delaware limited liability company, as a lender, and GARRISON LOAN AGENCY SERVICES LLC, a Delaware limited liability company, in its capacity as administrative agent (the “Administrative Agent”) and as collateral agent (the “Collateral Agent”).
AMENDMENT AGREEMENT AND RELEASEAmendment Agreement and Release • August 31st, 2009 • Great American Group, Inc. • Services-business services, nec • California
Great American Group, LLC (the “Company”) and I, , are as of May , 2009, hereby entering into this Amendment Agreement and Release (this “Agreement”). All references herein to “I,” “you,” “me,” and words of similar import shall mean the undersigned participant in the Plan (as defined below).
