FIRST AMENDMENT AND JOINDER TO LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • July 20th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
This FIRST AMENDMENT AND JOINDER TO LOAN AND GUARANTY AGREEMENT (“Amendment”) is dated as of July 19, 2023 and is entered into by and among AULT ALLIANCE, inc., a Delaware corporation (f/k/a BitNile Holdings, Inc.) (“Borrower Representative”), Third Avenue APARTMENTS LLC, a Delaware limited liability company (the “Florida Property Owner”), Alliance Cloud Services, LLC, Delaware limited liability company (the “Michigan Property Owner”), BitNile, Inc., a Nevada corporation (“BitNile”), Ault AVIATION, LLC, a Nevada limited liability company (“Aviation” and together with Borrower Representative, the Florida Property Owner, the Michigan Property Owner, BitNile and each other Person from time to time party hereto as a borrower, collectively, “Existing Borrowers”, and each, an “Existing Borrower”), AULT Lending, LLC, a California limited liability company (“Ault Lending”), BNI MONTANA, LLC, a Delaware limited liability company (“New Borrower” and together with the Existing Borrowers, the “Bor
security AGREEMENTSecurity Agreement • July 20th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
This security AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of July 19, 2023 (the “Closing Date”), is entered into among BNI MONTANA, LLC, a Delaware limited liability company (“Grantor”), JGB CAPITAL, LP, JGB PARTNERS, LP, JGB (CAYMAN) BUCKEYE LTD. and any other lender from time-to-time party hereto (collectively, “Lenders”, and each a “Lender”), and JGB COLLATERAL, LLC as collateral agent for Lenders (in such capacity, together with its successors, “Collateral Agent”). Reference is made to that certain Loan and Guaranty Agreement, dated as of November 7, 2022 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among, Grantor, BitNile, Inc., a Nevada corporation, Ault Alliance, Inc., a Delaware corporation (f/k/a BitNile Holdings, Inc.), Third Avenue Apartments LLC, a Delaware limited liability company, Alliance Cloud Services, LLC, Delaware limited liability comp
Pledge AgreementPledge Agreement • July 20th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
This PLEDGE AGREEMENT (this “Agreement”) is entered into as of July 19, 2023, by Ault Alliance, Inc. (f/k/a BitNile Holdings, Inc.), a Delaware corporation with a primary address of 11411 Southern Highlands Parkway, Suite 240, Las Vegas NV 89141 (“Ault Alliance”) and Circle 8 Holdco LLC (“Holdco” and together with Ault Alliance, the “Pledgors” and each a, “Pledgor”) in favor of JGB Collateral LLC, as administrative agent and collateral agent (“Secured Party”) for the Lenders (as defined in the Loan Agreement referred to below) and is acknowledged and agreed to by Holdco, in its capacity as an issuer of pledged Equity Interests, and Circle 8 Crane Services, LLC, in its capacity as an issuer of pledged Equity Interests (“Circle 8” and together with Holdco, in its capacity as an issuer of pledged Equity Interests, the “Issuers” and each an, “Issuer”).
ATTENTION PINELLAS COUNTY CLERK, STATE OF FLORIDA WHEN RECORDED AND/OR FILED RETURN TO: Haynes and Boone, LLPMortgage and Security Agreement • July 20th, 2023 • Ault Alliance, Inc. • Electronic components, nec
AMENDMENT TO FUTURE ADVANCE MORTGAGEFuture Advance Mortgage • July 20th, 2023 • Ault Alliance, Inc. • Electronic components, nec
This AMENDMENT TO FUTURE ADVANCE MORTGAGE (this “Amendment”) is dated effective July 19, 2023 (the “Effective Date”), from Alliance Cloud Services, LLC a Delaware limited liability company, whose address for notice is 11411 Southern Highlands Pkwy #240, Las Vegas, Nevada 89141 (“Mortgagor”), to JGB Collateral LLC, as Agent (as hereinafter defined) on behalf of itself, the Lenders, whose address for notice is 246 Post Road East, 2nd Floor, Westport, CT 06880, Attn: Vincent Vacco (together with its successors and assigns in such capacity, “Mortgagee”).
