Amendment No. 1 dated March 7, 2018 to Promissory Note, dated February 2, 2018, by and among Stein Mart, Inc. as borrower and Sun Trust Bank, as Trustee

EX-10.40 5 d474980dex1040.htm EX-10.40 EX-10.40

EXHIBIT 10.40

Amendment to Promissory Note

Stein Mart, Inc. (“Borrower”)

SunTrust (“Lender”)

This Amendment to the Promissory Note (“Note”) dated February 2, 2018 in the principle amount of $13,738,318.06 by and between STEIN MART, INC. (“Borrower”) and SUNTRUST, as trustee (“Lender”) is entered into this 7th day of March, 2018.

In consideration of their mutual undertakings, Borrower has requested and Lender has agreed to extend the payment due date on the Note to July 1, 2018.

Accordingly, the Note is hereby modified, and Borrower agrees to repay the principal amount with interest as stated in the Note by July 1, 2018.

Signed Under Penalty of Perjury, this 7th day of March, 2018.

 

STEIN MART, INC. (“BORROWER”)
/s/ D. Hunt Hawkins

Signed in the presence of:

/s/ Chris Himebauch
Witness
Chris Himebauch
Printed Name

SunTrust, as Trustee u/t/a dated September 1, 1999 by and between Suntrust, Central Florida, N.A. or its successor in interest, and Borrower:

 

/s/ Gregory W. Kleffner
Signature
Gregory W. Kleffner
Printed Name
CFO
Title