LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 18th, 2023 • Amcon Distributing Co • Wholesale-groceries, general line • Illinois
THIS LOAN AND SECURITY AGREEMENT (as amended, modified or supplemented from time to time, this “Agreement”) made as of February 3, 2022 by and among BMO Harris Bank N.A., a national banking association (in its individual capacity, “BMO”), as agent (in such capacity as agent, “Agent”) for itself and all other lenders from time to time a party hereto (“Lenders”), 320 S. Canal Street, 16th Floor, Chicago, Illinois 60606, all other Lenders and each of LOL FOODS, INC., a Nebraska corporation (“LOL”), and HF Real Estate, LLC, a Minnesota limited liability company (“HF” and together with LOL and any other Borrowers joined hereto from time to time, each a “Borrower” and collectively referred to as “Borrowers”).
Banc of America Leasing & Capital, LLCMaster Loan and Security Agreement Number: 52836-70000Master Loan and Security Agreement • April 18th, 2023 • Amcon Distributing Co • Wholesale-groceries, general line
This Master Loan and Security Agreement, dated as of February 1, 2023 (this “Agreement”), is by and between Banc of America Leasing & Capital, LLC, a Delaware limited liability company having an office at Bank of America Plaza, 600 Peachtree Street NE, 11th Floor, Atlanta, GA 30308-2265 (together with its successors and assigns, “Lender”), and LOL Foods, Inc. (as “Borrower”), a corporation existing under the laws of the state of Nebraska, 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 oth
EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 18th, 2023 • Amcon Distributing Co • Wholesale-groceries, general line
THIS EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of February 2, 2023 among each of AMCON Distributing Company, a Delaware corporation, having its principal place of business at 7405 Irvington Road, Omaha, Nebraska 68122 (“AMCON”), Chamberlin Natural Foods, Inc., a Florida corporation, having its principal place of business at 3711 Oleander Way, Suite 1309, Casselberry, Florida 32707 (“Chamberlin Natural”), Health Food Associates, Inc., an Oklahoma corporation, having its principal place of business at 7807 East 51st Street, Tulsa, Oklahoma 74145 (“Health Food”), AMCON ACQUISITION CORP., a Delaware corporation, having its principal place of business at 7405 Irvington Road, Omaha, Nebraska 68122 (“AMCON Acquisition”), EOM ACQUISITION CORP., a Delaware corporation, having its principal place of business at 7807 East 51st Street, Tulsa, Oklahoma 74145 (“EOM Acquisition”), Charles Way LLC, a Missouri limited liability company, h
