FIRST ADDENDUM TO AMENDED AND RESTATED MASTER CROSS-DEFAULT AGREEMENT
Exhibit 10.3
FIRST ADDENDUM TO AMENDED AND RESTATED MASTER CROSS-DEFAULT AGREEMENT
This First Addendum to the Amended and Restated Master Cross-Default Agreement (this "Addendum") is entered into as of September 1, 2016 by and between EPT Properties and the Debtors (including, without limitation, the entity or entities referred to below that are being added to the definition of "Borrowers"). All capitalized terms used herein shall have the meaning given in the Amended and Restated Master Cross-Default Agreement dated January 6, 2016 (the "Cross-Default Agreement"), between EPT Properties and Debtors.
By this Addendum, EPT Properties and Debtors hereby (i) incorporate the terms of this Addendum into the Cross-Default Agreement, and (ii) add the following Transaction Documents to the Cross-Default Agreement pursuant to Section 4 of the Cross-Default Agreement.
|
Documents added to definition of "Transaction Documents": |
Lease Agreement dated November 15, 2005, by and between EPT Mad River, as landlord, and Mad River, as tenant, as amended by that certain First Amendment to Lease Agreement dated June 30, 2006 and as further amended by that certain Second Amendment to Lease Agreement dated December 1, 2014 and as further amended by that certain Third Amendment to Lease Agreement date June 8, 2016; |
|
|
Promissory Note dated even date herewith in the maximum principal amount of Ten Million and no/Dollars ($10,000,000.00) made by Peak Resorts and Mount Snow, as co-borrowers, to EPT Mount Snow; |
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the Borrowers have caused this First Addendum to Amended and Restated Master Cross-Default Agreement to be executed and delivered the day and year first above written.
|
PEAK RESORTS, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
JFBB SKI AREAS, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
MAD RIVER MOUNTAIN, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
MOUNT SNOW, LTD.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
SYCAMORE LAKE, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
DELTRECS, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
BOSTON ▇▇▇▇▇ SKI RESORT, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
BRANDYWINE SKI RESORT, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
HUNTER MOUNTAIN ACQUISITION, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
HUNTER MOUNTAIN SKI BOWL INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
HUNTER MOUNTAIN FESTIVALS, LTD.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
HUNTER MOUNTAIN RENTALS LTD.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
HUNTER RESORT VACATIONS, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
HUNTER MOUNTAIN BASE LODGE, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
FROSTY LAND, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
IN WITNESS WHEREOF, EPT Properties have caused this First Addendum to Amended and Restated Master Cross-Default Agreement to be executed and delivered the day and year first above written.
|
EPT SKI PROPERTIES, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇. Silvers___________ Name: __Gregory ▇. ▇▇▇▇▇▇▇ _________ Title: ___President_________________
|
EPT MAD RIVER, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇. Silvers___________ Name: __Gregory ▇. ▇▇▇▇▇▇▇ _________ Title: ___President_________________ |
|
EPT MOUNT SNOW, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇. Silvers___________ Name: __Gregory ▇. ▇▇▇▇▇▇▇ _________ Title: ___President_________________ |
|
IN WITNESS WHEREOF, the Guarantors have caused this First Addendum to Amended and Restated Master Cross-Default Agreement to be executed and delivered the day and year first above written.
|
HIDDEN VALLEY GOLF AND SKI, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
SNH DEVELOPMENT, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
SNOW CREEK, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
PAOLI PEAKS, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
|
L.B.O. HOLDING, INC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President
|
CROTCHED MOUNTAIN PROPERTIES, LLC.
By: /s/ ▇▇▇▇▇▇▇ J Mueller____________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Vice President of Peak Resorts, Inc. as Manager
|