MORTGAGE MODIFICATION AGREEMENTAddendum or Modifications |
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GREEN MOUNTAIN COFFEE ROASTERS, INC | FLEET NATIONAL BANK. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Search Addendum or Modifications by:
Recording requested by
And when recorded mail to:
Curtis W. Little, Jr., Esq.
Cook, Little, Rosenblatt, & Manson,. p.l.l.c.
650 Elm Street
Manchester, NH 03101
MORTGAGE
MODIFICATION AGREEMENT
MORTGAGE MODIFICATION AGREEMENT dated June 29th, 2004, between GREEN MOUNTAIN COFFEE ROASTERS, INC., a Delaware corporation having its chief executive office at 33 Coffee Lane, Waterbury, Vermont 05676 (hereinafter individually and collectively with its successors, legal representatives and assigns referred to as "Mortgagor") and FLEET NATIONAL BANK, a national banking association organized under the laws of the United States of America having its office at 1155 Elm Street, Manchester, New Hampshire 03101 (hereinafter collectively with the other lenders for whom it is acting as agent, its successors, legal representatives, assigns and participants, if any, referred to as "Mortgagee").
PREAMBLE
WHEREAS, Mortgagor has granted to Mortgagee a mortgage of its leasehold estate and interests in certain real estate and the improvements thereon located in the Town of Waterbury, Vermont, pursuant to a Mortgage, Security Agreement and Fixture Filing dated August 30, 2002, and recorded in the Waterbury (Vermont) Land Records in Book 193, Page 308 (the "Mortgage"), which mortgaged premises are more fully described on Schedule A to the Mortgage and defined in the Mortgage as the "Premises";
WHEREAS, the Mortgage secures loans in the aggregate principal amount of up to $32,500,000 (collectively, the "Loans") owed by Mortgagor to Mortgagee pursuant and subject to the terms and conditions of the Credit Agreement dated as of August 30, 2002, among the Mortgagor, the Mortgagee, as a lender and as agent for other lenders, and other lenders (the "Credit Agreement"), together with interest thereon and other costs related thereto; and
WHEREAS, the Mortgagor and the Mortgagee have agreed to reduce the principal amount of the Revolving Line of Credit Loan included in the Loans from $12,500,000 to $10,000,000, and increase the principal amount of the Term Loan included in the Loans from $15,000,000 to $17,000,000, as reflected in the amendment and restatement of the Credit Agreement pursuant to the Second Amended and Restated Commercial Loan Agreement dated as of June 30, 2004 among the Mortgagor, the Mortgagee, as a lender and as agent for other lenders, and other lenders, provided that, among other requirements, the Mortgage be modified to secure the Loans as so modified;
NOW, THEREFORE, in consideration for the premises contained herein, the Mortgagor and the Mortgagee agree as follows:
1. All capitalized terms used herein shall have the meanings given in the Credit Agreement unless expressly defined herein.
2. The first paragraph of the Mortgage is amended as follows: The principal amount of the Revolving Line of Credit Loan is reduced from $12,500,000.00 to $10,000,000.00; and the principal amount of the Term Loan is increased from $15,000,000.00 to $17,000,000.00.
3. All references






