Letter Agreement, dated October 20, 2022, between Asien Inc. and Joerg Christian Wilhelmsen and Susan Kay Wilhelmsen, as Trustees of the Wilhelmsen Family Trust, U/D/T dated May 1, 1992
Exhibit 10.3
1847 Asien Inc.
1801 Piner Road
Santa Rosa, CA 95403
October 20, 2022
Joerg Christian Wilhelmsen and Susan Kay Wilhelmsen,
as Trustees of the Wilhelmsen Family Trust, U/D/T dated May 1, 1992
123 Barrio Way
Windsor, CA 95492
Attn: Joerg Christian Wilhelmsen and Susan Kay Wilhelmsen
Mr. and Ms. Wilhelmsen:
Reference is made to that certain 6% Amortizing Promissory Note, dated July 29, 2020 (the “Note”) by and between 1847 Asien Inc., a Delaware corporation (the “Company”) and you (the “Holder”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Note.
The Company and the Holder desire and agree to amend the Note as follows: (i) Section 1 of the Note is hereby amended such that Unamortized Principal with all accrued but unpaid interest thereon shall be payable monthly, beginning on November 30, 2022, in accordance with the schedule set forth on Exhibit A hereto (the “Payment Schedule); and (ii) the Maturity Date is hereby extended to February 28, 2023. The parties hereto agree that the amendments described above are effective retroactively to July 29, 2022.
In consideration for the amendments described herein, the Company hereby agrees to pay to the Holder an amount equal to $87,707.12, representing 15% of the Unamortized Amount, payable on the Maturity Date (the “Amendment Fee”).
[Signature page follows]
By signing below, the Holder hereby consents and agrees to amend the terms of the Note and agrees to the Amendment Fee as consideration therefor, as set forth herein.
Very truly yours, | ||
1847 Asien Inc. | ||
By: | /s/ Robert Patterson | |
Name: | Robert Patterson | |
Title: | President / CEO |
AGREED, CONSENT TO AND ACKNOWLEDGED:
Joerg Christian Wilhelmsen and Susan Kay Wilhelmsen, as Trustees
of the Wilhelmsen Family Trust, U/D/T dated May 1, 1992
By: | /s/ Joerg Christian Wilhelmsen | |
Name: | Joerg Christian Wilhelmsen | |
Title: | Trustee | |
By: | /s/ Susan Kay Wilhelmsen | |
Name: | Susan Kay Wilhelmsen | |
Title: | Trustee |
EXHIBIT A
PAYMENT SCHEDULE
Quarterly payments made on or before October 30, 2022, on January 31, 2023 and on April 30, 2023, plus payment of Amendment Fee on April 30, 2023.
Payment Date | Payment Amount | Principal | Interest | Principal Balance | ||||||||||||
$ | 584,714.13 | * | ||||||||||||||
November 30, 2022 | $ | 151,575.89 | $ | 146,178.53 | $ | 5,397.36 | ** | $ | 438,535.60 | |||||||
December 31, 2022 | $ | 148,371.21 | $ | 146,178.53 | $ | 2,192.68 | $ | 292,357.07 | ||||||||
January 31, 2023 | $ | 147,640.32 | $ | 146,178.53 | $ | 1,461.79 | $ | 146,178.53 | ||||||||
February 28, 2023 | $ | 234,616.55 | *** | $ | 146,178.53 | $ | 730.89 | $ | 0 | |||||||
TOTAL: | $ | 682,203.97 |
* | Balance includes accrued interest through October 5, 2022 |
** | Interest includes accrued interest beginning October 5, 2022 |
*** | Payment Amount includes the Amendment Fee of $87,707.12 |