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- 10-K Annual report
- 4.60 Exhibit 4.60
- 4.61 Exhibit 4.61
- 4.62 Exhibit 4.62
- 4.63 Exhibit 4.63
- 10.169 Exhibit 10.169
- 10.170 Exhibit 10.170
- 10.171 Exhibit 10.171
- 10.210 Exhibit 10.210
- 10.211 Exhibit 10.211
- 10.212 Exhibit 10.212
- 10.213 Exhibit 10.213
- 10.214 Exhibit 10.214
- 10.260 Exhibit 10.260
- 10.261 Exhibit 10.261
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- 10.263 Exhibit 10.263
- 10.264 Exhibit 10.264
- 10.265 Exhibit 10.265
- 10.266 Exhibit 10.266
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- 10.274 Exhibit 10.274
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- 10.276 Exhibit 10.276
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- 10.280 Exhibit 10.280
- 10.281 Exhibit 10.281
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- 10.306 Exhibit 10.306
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- 10.323 Exhibit 10.323
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- 10.325 Exhibit 10.325
- 10.326 Exhibit 10.326
- 10.327 Exhibit 10.327
- 10.328 Exhibit 10.328
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- 10.330 Exhibit 10.330
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- 10.364 Exhibit 10.364
- 10.365 Exhibit 10.365
- 23.1 Exhibit 23.1
- 31.1 Exhibit 31.1
- 31.2 Exhibit 31.2
- 32.1 Exhibit 32.1
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Exhibit 10.306
THE PRIVATEBANK AND TRUST COMPANY
120 South LaSalle Street
Chicago, Illinois 60603
December 16, 2015
CONFIDENTIAL
CB Owner, LLC
c/o Catalyst Development Partners
880 Glenwood Avenue, Suite H
Atlanta, Georgia 30316
Attn: Mr. Rob Meyer
Re: | Fee Letter |
Ladies and Gentlemen:
Reference is made to that certain Construction Loan and Security Agreement, dated as of the date hereof (the “Loan Agreement”), by and between CB OWNER, LLC, a Delaware limited liability company (“Borrower”), and The PrivateBank and Trust Company (“Lender”). Terms defined in the Loan Agreement have the same meanings when used herein. This Fee Letter sets forth our agreement relating to the loan fee to be paid to Lender for making the Loan.
In addition to any other fees, expenses or other amounts payable by Borrower under the terms of the Loan Agreement including, without limitation, the annual loan administration fee in the amount of $3,000.00, you agree to pay to Lender a loan fee in the amount of $261,190.55, which is equal to 0.685% of the Loan Amount. This fee shall be payable on the date hereof, shall be deemed fully earned when required to be paid, and shall be nonrefundable when paid.
This Fee Letter may be executed in counterparts. Delivery of an executed counterpart of this Fee Letter by facsimile or other electronic transmission shall constitute valid delivery. This Fee Letter shall be governed by the laws of the State of Georgia applicable to contracts made and to be performed entirely within such State, without regard to conflict of laws principles.
You agree not to disclose any or all of the terms of this Fee Letter to any person other than your employees, attorneys or accountants, in each case, to whom it is necessary to disclose the information (and who, in each case, shall be made aware of this agreement not to disclose) or as may be required by law or any court or regulatory agency having jurisdiction over you.
Please indicate your agreement and acceptance to the foregoing by signing below and returning this Fee Letter to us.
Sincerely, | |||
THE PRIVATE BANK AND TRUST COMPANY | |||
By: | /s/ Brad Barton | ||
Brad Barton | |||
Managing Director |
AGREED AND ACCEPTED: | |||
CB OWNER, LLC, a Delaware limited liability company | |||
By: | /s/ Robert Myer | ||
Name: | Robert Myer | ||
Title: | President | ||
(SEAL) |
2 |