SIXTH AMENDMENT TO NOTE AGREEMENTTo Note Agreement • September 28th, 2004 • Gold Kist Inc • Poultry slaughtering and processing • New York
This Sixth Amendment, dated as of September 28, 2004 (this “Amendment”), is made to that Second Consolidated, Amended and Restated Note Agreement dated as of September 27, 2002, as amended as of January 29, 2003, as of February 11, 2003, as of February 11, 2004, as of March 10, 2004 and as of July 16, 2004 (as so amended, the “Note Agreement”), among Gold Kist Inc., a cooperative marketing association organized and existing under the laws of the State of Georgia (the “Company”), The Prudential Insurance Company of America (“Prudential”) and the Gateway Recovery Trust. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Note Agreement.
AMENDMENT NO. 2 TO NOTE AGREEMENTTo Note Agreement • June 20th, 2012 • MHI Hospitality CORP • Real estate investment trusts • New York
THIS AMENDMENT NO. 2 (the “Amendment”) to the Note Agreement dated as of April 18, 2011 (as previously amended by Amendment No. 1 thereto dated December 21, 2011, the “Agreement”), by and among MHI Hospitality Corporation, a Maryland corporation (the “Borrower”), and each lender a party thereto from time to time (together with their successors and assigns, each, a “Lender”, and collectively, the “Lenders”) and Essex Equity High Income Joint Investment Vehicle, LLC, a Delaware limited liability company, as agent for the Lenders (the “Agent”, and collectively with the Borrower and the Lenders, the “Parties”), is made and entered into by and among the Parties as of June 15, 2012 (subject to the conditions precedent to effectiveness set forth in Section 2 hereof, the “Amendment Date”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
AMENDMENT NO. 1 TO NOTE AGREEMENTTo Note Agreement • December 22nd, 2011 • MHI Hospitality CORP • Real estate investment trusts • New York
THIS AMENDMENT NO. 1 (the “Amendment”) to the Note Agreement dated as of April 18, 2011 (the “Agreement”), by and among MHI Hospitality Corporation, a Maryland corporation (the “Borrower”) and each lender a party thereto from time to time (together with their successors and assigns, each, a “Lender”, and collectively, the “Lenders”) and Essex Equity High Income Joint Investment Vehicle, LLC, a Delaware limited liability company, as agent for the Lenders (the “Agent”, and collectively with the Borrower and the Lenders, the “Parties”), is made and entered into by and among the Parties as of December 21, 2011 (the “Amendment Date”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
FIFTH AMENDMENT TO NOTE AGREEMENTTo Note Agreement • August 6th, 2004 • Gold Kist Holdings Inc. • Poultry slaughtering and processing • New York
This Fifth Amendment, dated as of July 16, 2004 (this “Amendment”), is made to that Second Consolidated, Amended and Restated Note Agreement dated as of September 27, 2002, as amended as of January 29, 2003, as of February 11, 2003, as of February 11, 2004 and as of March 10, 2004 (as so amended, the “Note Agreement”), among Gold Kist Inc., a cooperative marketing association organized and existing under the laws of the State of Georgia (the “Company”), The Prudential Insurance Company of America (“Prudential”) and the Gateway Recovery Trust. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Note Agreement.
