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7.2. EDSR 05-17-2021
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7.2. EDSR 05-17-2021
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5/14/2021 9:50:58 AM
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City Government
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5/17/2021
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2 <br />EL185\40\720849.v1 <br />C. In consideration for amending the terms of the Loan, the Borrower is delivering to <br />the Lender (i) the First Amendment to Loan Agreement, dated as of the date hereof (the “First <br />Amendment to Loan Agreement”), between the Borrower and the Lender which amends and <br />supplements the Original Loan Agreement; (ii) an Amended and Restated Promissory Note, dated <br />as of the date hereof, (the “Amended and Restated Promissory Note”), from the Borrower to the <br />Lender, which amends and restates the Original Promissory Note; (iii) the First Amendment to <br />Security Agreement, dated as of the date hereof (“First Amendment to Security Agreement”) <br />which amends the Original Security Agreement; (iv) Amended and Restated Personal Guaranties, <br />dated as of the date hereof (the “Amended and Restated Personal Guaranties”), from Fred Trapp <br />and Michael Tracey, which amend and restate the terms of the Original Personal Guaranties; (v) <br />an Amended and Restated Entity Guaranty, dated as of the date hereof (the “Amended and Restated <br />Entity Guaranty”), from Die Concepts which amends and restates the terms of the Original Entity <br />Guaranty; (vi) this First Amendment to Environmental Indemnification; and (vii) a First <br />Amendment to Mortgage and Assignment of Rents and Security Agreement and Fixture Financing <br />Statement, dated as of the date hereof (the “First Amendment to Mortgage”), between the Borrower <br />and the Lender, which amends and supplements the Original Mortgage (collectively, the <br />“Amendment Documents”). <br /> <br />NOW, THEREFORE, to induce the Lender to amend the terms of the Loan, the Borrower <br />has agreed to execute this First Amendment to Environmental Indemnification, and for good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br />hereto agree as follows: <br /> <br />1. Amendments to Environmental Indemnification. The meanings of the defined terms set <br />forth in the Original Environmental Indemnification as follows: <br /> <br />a. The term “Loan Agreement” shall mean the Original Loan Agreement as <br />amended by the First Amendment to Loan Agreement. <br />b. The term “Mortgage” shall mean the Original Mortgage as amended by the First <br />Amendment to Mortgage. <br /> <br />2. Fees and Costs. The Borrower agrees to pay all costs related to the refinancing of the <br />Loan and any documents executed, delivered, and recorded, if necessary, in connection <br />thereto. <br /> <br />3. Confirmation of Environmental Indemnification Agreement. Unless specifically <br />amended herein, all terms of the Original Environmental Indemnification are <br />unchanged, remain in full force and effect, and are incorporated herein by reference. <br /> <br />[Signature Pages follow] <br />
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