0001564590-22-003353 Sample Contracts

FIRST OMNIBUS AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND SEVENTH AMENDED AND RESTATED PROGRAM TERMS LETTER [CDF]
Loan and Security Agreement • February 1st, 2022 • Marinemax Inc • Retail-auto & home supply stores

as of September, 2021 and effective as of October 1, 2021, is made to that certain AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “LSA”) by and among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders,” and individually, each a “Lender”) and Dealers (as defined in the LSA), SEVENTH AMENDED AND RESTATED PROGRAM TERMS LETTER (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “PTL,” and together with the LSA, the “Agreements”)) by and among Agent and Dealers, each dated as of July 9, 2021. All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the LSA.

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SECOND OMNIBUS AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, SEVENTH AMENDED AND RESTATED PROGRAM TERMS LETTER, JOINDER, AND CONSENT AGREEMENT
Loan and Security Agreement • February 1st, 2022 • Marinemax Inc • Retail-auto & home supply stores

AGREEMENT (this “Amendment”) dated as of November 1, 2021, is made with regard to (a) that certain AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as amended by that certain First Omnibus Amendment to Amended and Restated Loan and Security Agreement and Seventh Amended and Restated Program Terms Letter dated effective as of October 1, 2021 (the “First Omnibus Amendment”), and as further amended, restated, amended and restated, supplemented, joined into, or otherwise modified from time to time, the “LSA”) by and among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders,” and individually, each a “Lender”) and Existing Dealers (as defined below), (b) that certain SEVENTH AMENDED AND RESTATED PROGRAM TERMS LETTER (as amended by the First Omnibus Amendment and as further amended, restated, amended and restated, supplemented,

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