SECOND OMNIBUS AMENDMENT TO CONSTRUCTION LOAN DOCUMENTS Project commonly know as theConstruction Loan Documents • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies • New York
THIS SECOND OMNIBUS AMENDMENT TO CONSTRUCTION LOAN DOCUMENTS (the “Second Amendment”) is made as of February 11, 2009, by and among KAPALUA BAY, LLC (“Borrower”), CENTRAL PACIFIC BANK, a Hawaii bank (“Central Pacific”), DEUTSCHE HYPOTHEKENBANK (ACTIEN-GESELLSCHAFT) (“Deutsche Hypo”), LANDESBANK BADEN-WÜRTTEMBERG (“LBBW”), SWEDBANK AB (PUBL), NEW YORK BRANCH (“Swedbank”), MH KAPALUA VENTURE, LLC (“MH Kapalua”), LEHMAN BROTHERS HOLDINGS INC. (“LBHI;” LBHI, Central Pacific, Deutsche Hypo, LBBW, Swedbank and MH Kapalua being referred to herein individually as a “Lender” and collectively as the “Lenders”), Central Pacific as agent for the Lenders (the “Agent”), MAUI LAND & PINEAPPLE COMPANY, INC. (“ML&P”), THE RITZ-CARLTON DEVELOPMENT COMPANY, INC. (“Ritz-Carlton”), EXCLUSIVE RESORTS DEVELOPMENT COMPANY, LLC (“ERDC”; ERDC, ML&P and Ritz Carlton being referred to herein individually as a “Guarantor” and collectively as “Guarantors”), KAPALUA BAY HOLDINGS, LLC (“Holdings”), EXCLUSIVE RESORTS,
