Banc of America Leasing & Capital, LLC GUARANTYLandec Corp \Ca\ • May 21st, 2015 • Plastic materials, synth resins & nonvulcan elastomers
This Guaranty (this “Guaranty”) is executed and delivered as of the date set forth below by the undersigned guarantor (the “Guarantor”) in favor of Banc of America Leasing & Capital, LLC (“BALC”). BALC may, from time to time, enter into agreements with Apio, Inc. (“Customer”). The term “Customer,” if defined to include more than one party, shall mean “Customer and each of them” and this Guaranty shall secure payment of all of their respective Obligations (hereinafter defined) to BALC. BALC is unwilling to enter into such agreements with Customer, unless Guarantor absolutely and unconditionally guarantees to BALC the payment and performance of all obligations of Customer at any time owing to BALC. With knowledge that BALC will enter into agreements with or extend financial accommodations to Customer in reliance upon the existence of this Guaranty and the validity and enforceability of the obligations and liabilities of Guarantor to BALC contemplated hereby, Guarantor agrees with BALC as
Banc of America Leasing & Capital, LLC Equipment Security Note NumberLandec Corp \Ca\ • May 21st, 2015 • Plastic materials, synth resins & nonvulcan elastomers
This Equipment Security Note No. , dated as of , 201 (this “Equipment Note”), is entered into pursuant to and incorporates by this reference all of the terms and provisions of that certain Master Loan and Security Agreement No. - dated as of April __, 2015 (the “Master Agreement”), by and between Banc of America Leasing & Capital, LLC (“Lender”) and Apio, Inc. (“Borrower”). All capitalized terms used herein and not defined herein shall have the respective meanings assigned to such terms in the Master Agreement. If any provision of this Equipment Note conflicts with any provision of the Master Agreement, the provisions contained in this Equipment Note shall prevail. Borrower hereby authorizes Lender to insert the serial numbers and other identification data of the Equipment, dates, and other omitted factual matters or descriptions in this Equipment Note.
Banc of America Leasing & Capital, LLC Master Loan and Security Agreement Number:Landec Corp \Ca\ • May 21st, 2015 • Plastic materials, synth resins & nonvulcan elastomers
This Master Loan and Security Agreement, dated as of April , 2015 (this “Agreement”), is by and between Banc of America Leasing & Capital, LLC, a Delaware limited liability company having an office at 2059 Northlake Parkway, 3 North, Tucker, GA 30084 (together with its successors and assigns, “Lender”), and Apio, Inc. (as “Borrower”), a corporation existing under the laws of the state of , and having its chief executive office and any organizational identification number as specified with its execution of this Agreement below. Certain defined terms used herein are identified in bold face and quotation marks throughout this Agreement and in Section 14 below. This Agreement sets forth the terms and conditions for the financing of Equipment between Lender and Borrower pursuant to one or more --Equipment Notes” incorporating by reference the terms of this Agreement, together with all exhibits, addenda, schedules, certificates, riders and other documents and instruments executed and deliver
