MASTER CREDIT AND SECURITY AGREEMENT Dated as of January 6, 2016 among PEAK RESORTS, INC., HUNTER MOUNTAIN ACQUISITION, INC., HUNTER MOUNTAIN SKI BOWL INC., HUNTER MOUNTAIN FESTIVALS, LTD., HUNTER MOUNTAIN RENTALS LTD., HUNTER RESORT VACATIONS, INC....Master Credit and Security Agreement • January 8th, 2016 • Peak Resorts Inc • Hotels & motels • Missouri
GUARANTY AGREEMENTGuaranty Agreement • January 8th, 2016 • Peak Resorts Inc • Hotels & motels • Missouri
THIS GUARANTY AGREEMENT (this “Guaranty”), is made as of January 6, 2016, by Peak Resorts, Inc., a Missouri corporation (“Peak Resorts”), HUNTER MOUNTAIN ACQUISITION, INC., a Missouri corporation (“HMA”), HUNTER MOUNTAIN SKI BOWL INC., a New York corporation (“Hunter Ski”), HUNTER MOUNTAIN FESTIVALS, LTD., a New York corporation (“Hunter Festivals”), HUNTER MOUNTAIN RENTALS LTD., a New York corporation (“Hunter Rentals”), HUNTER RESORT VACATIONS, INC., a New York corporation (“Hunter Vacations”), HUNTER MOUNTAIN BASE LODGE, INC., a New York corporation (“Hunter Lodge”), FROSTY LAND, INC., a New York corporation (“Frosty” and together with Peak Resorts, HMA, Hunter Ski, Hunter Festivals, Hunter Rentals, Hunter Vacations and Hunter Lodge, collectively, the “Hunter Borrowers”), JFBB Ski Areas, Inc., a Missouri corporation (“JFBB”), Boston Mills Ski Resort, Inc., an Ohio corporation (“Boston Mills”), Brandywine Ski Resort, Inc., an Ohio corporation (“Brandywine”), Sycamore Lake, Inc., an O
PROMISSORY NOTEPeak Resorts Inc • January 8th, 2016 • Hotels & motels
For value received, Peak Resorts, Inc., Hunter Mountain Acquisition, Inc., Hunter Mountain Ski Bowl Inc., Hunter Mountain Festivals, Ltd., Hunter Mountain Rentals Ltd., Hunter Resort Vacations, Inc., Hunter Mountain Base Lodge, Inc., Frosty Land, Inc. (each a "Borrower" and, collectively, "Borrowers"), jointly and severally promise to pay to the order of EPT Ski Properties, Inc. (together with its successors and assigns and/or any other holder of this Note, "Lender"), without offset, deduction or counterclaim, in immediately available funds in lawful money of the United States of America, at 909 Walnut Street, Suite 200, Kansas City, Missouri 64106, the principal sum of TWENTY-ONE MILLION AND 00/100 DOLLARS ($21,000,000.00) together with interest on the unpaid principal balance of this Note as hereinafter provided. Interest shall be calculated on the basis of a 360 day year.
AMENDED AND RESTATED master cross-default agreementDefault Agreement • January 8th, 2016 • Peak Resorts Inc • Hotels & motels • Missouri
THIS AMENDED AND RESTATED MASTER CROSS DEFAULT AGREEMENT (“Agreement”) is dated as of January 6, 2016, by and among EPT SKI PROPERTIES, INC., a Delaware corporation (“EPT Ski”), EPT Mount Snow, Inc., a Delaware corporation (“EPT Mount Snow”), and EPT MAD RIVER, INC., a Missouri corporation (“EPT Mad River,” and together with EPT Ski and EPT Mount Snow, collectively, “EPT Properties”) and PEAK RESORTS, INC., a Missouri corporation (“Peak Resorts”), MAD RIVER MOUNTAIN, INC., a Missouri corporation (“Mad River”), MOUNT SNOW, LTD., a Vermont corporation (“Mt. Snow”), SYCAMORE LAKE, INC., an Ohio corporation (“Sycamore Lake”), DELTRECS, INC., an Ohio corporation (“Deltrecs”), BRANDYWINE SKI RESORT, INC., an Ohio corporation (“Brandywine”), BOSTON MILLS SKI RESORT, INC., an Ohio corporation (“Boston Mills”), JFBB SKI AREAS, INC., a Missouri corporation (“JFBB”), HUNTER MOUNTAIN ACQUISITION, INC., a Missouri corporation (“HMA”), HUNTER MOUNTAIN SKI BOWL INC., a New York corporation (“Hunter S
