CGI Finance, Inc. 1407 Fleet Street, 2nd floor Baltimore, Maryland 21231 July 2nd, 2012
CGI Finance, Inc.
1407 Fleet Street, 2nd floor
Baltimore, Maryland 21231
July 2nd, 2012
VIA FEDERAL EXPRESS
MARINEMAX, Inc.
18167 US Highway 19 North
Suite 300
Clearwater, FL 33764
Attention: Mike McLamb
Re: | Notice of Extension of CGI Finance, Inc. Floor Plan Loan Agreement dated October 7, 2010 (this Extension) |
Dear Mr. McLamb:
We refer to that certain Floor Plan Loan Agreement dated October 7, 2010 by and among MARINEMAX, INC., a Delaware corporation, MARINEMAX EAST, INC., a Delaware corporation, MARINEMAX SERVICES, INC., a Delaware corporation, MARINEMAX NORTHEAST, LLC, a Delaware limited liability company, BOATING GEAR CENTER, LLC, a Delaware limited liability company, US LIQUIDATORS, LLC, a Delaware limited liability company, and NEWCOAST FINANCIAL SERVICES, LLC, a Delaware limited liability company (each a Borrower and collectively the Borrowers), and CGI FINANCE, INC., a Delaware corporation (together with its successors and assigns, Lender) (the Agreement). Capitalized terms used but not defined in this Extension shall have the meanings assigned to them in the Agreement.
In accordance with Section 2.04(b) of the Agreement Lender is pleased to hereby notify Borrowers of the extension of the Termination Date of the Floor Plan Credit. Hereafter the Termination Date of the Floor Plan Credit extended to Borrowers under the Agreement shall be August 31, 2013, unless that date is further extended by Lender in its sole and absolute discretion in accordance with Section 2.04(b) of the Agreement.
This Extension is the second occasion of a grant by Lender of a request by Borrowers for an extension of the Termination Date of the Floor Plan Credit.
By countersignature below, Borrowers (1) acknowledge the receipt and sufficiency of this Extension, (2) affirm and restate the representations and warranties specified at Article 5 of the Agreement, and (3) acknowledge that, except as expressly modified and superseded by this Extension, the terms and provisions of the Agreement and the other Credit Documents are
MarineMax, Inc.
Extension of CGI Finance, Inc. Floor Plan Loan Agreement dated October 7, 2010
July 2, 2012
Page 2
ratified and confirmed and shall continue in full force and effect. Borrowers and Lender agree that the Agreement and the other Credit Documents, as hereby extended, shall continue to be legal, valid, binding and enforceable in accordance with their respective terms.
Sincerely, |
Geoffrey D. Kreller |
COO and Compliance Officer |
Acknowledged and agreed, this 5th day of July 2012:
MarineMax, Inc.
MarineMax East, Inc.
MarineMax Services, Inc.
MarineMax Northeast LLC
Boating Gear Center, LLC
US Liquidators, LLC
Newcoast Financial Services, LLC
By: |
| |
Print Name: Michael H. McLamb | ||
Its: EVP | ||
Being duly authorized |