Exhibit 10-8
Addendum to Loan Agreement
As of September 17, 2012, the loan agreement associated with Loan # 9660933120/00005 in the original amount of $1,500,000, dated April 17, 2012 and amended July 16, 2012 by and between BRANCH BANKING AND TRUST COMPANY (“Bank”) and Southeast Power Corporation, a State of Florida corporation (“Borrower”), having its executive office at Melbourne, Florida is hereby amended as follows:
Section VI Negative Covenants is modified to replace:
6.4“Leases. Create, incur, assume, or suffer to exist any leases, except:
| (a) | Leases outstanding on the date hereof and showing on the most recent financial statement submitted to the Bank; |
| (b) | Operating Leases with a duration of more than one (I) year for machinery and equipment which do not in the aggregate require payments in excess of $500,000.00 in any fiscal year of the Borrower. |
| (c) | Additional lease obligations in excess of $500,000.00 annually.” |
with
6.4“Leases. Create, incur, assume, or suffer to exist any operating lease obligation in excess of $500,000.00 annually, except:
| (a) | Operating leases outstanding on the date hereof; |
| (b) | Operating leases with a term of one (1) year or less; |
| (c) | Operating leases in excess of one (1) year for a specific job or contract and: |
| (i) | Lease payments are included in the job or contract costs; |
| (ii) | Term of the operating lease does not exceed the projected job or contract term.” |
No other changes or modifications to the original agreement are made by this addendum. This addendum modification would supersede any prior change or addendum to this section of the loan agreement.
IN WITNESS WHEREOF, the Bank, Borrower and Guarantor(s) have caused this Agreement to be duly executed under seal all as of the date first above written.
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Witnesses: | | | | | | BORROWER: |
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Signature: | | /s/ Robert L. Jones | | | | Southeast Power, a Florida corporation |
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Print Name: | | Robert L. Jones | | | | | | |
| | | | | | By: | | /s/ Stephen R. Wherry |
| | | | | | | | Stephen R. Wherry |
Signature: | | /s/ Brett Wherry | | | | | | Title: Treasurer |
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Print Name: | | Brett Wherry | | | | | | |
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Witnesses: | | | | | | GUARANTORS: |
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Signature: | | /s/ Robert L. Jones | | | | The Goldfield Corporation, a Delaware corporation |
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Print Name: | | Robert L. Jones | | | | | | |
| | | | | | By: | | /s/ Stephen R. Wherry |
| | | | | | | | Stephen R. Wherry |
Signature: | | /s/ Brett Wherry | | | | | | Title: Senior Vice President |
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Print Name: | | Brett Wherry | | | | | | |
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Signature: | | /s/ Robert L. Jones | | | | Pineapple House of Brevard, Inc., a Florida corporation |
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Print Name: | | Robert L. Jones | | | | | | |
| | | | | | By: | | /s/ Stephen R. Wherry |
| | | | | | | | Stephen R. Wherry |
Signature: | | /s/ Brett Wherry | | | | | | Title: Vice President |
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Print Name: | | Brett Wherry | | | | | | |
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Signature: | | /s/ Robert L. Jones | | | | Bayswater Development Corporation, a Florida corporation |
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Print Name: | | Robert L. Jones | | | | | | |
| | | | | | By: | | /s/ Stephen R. Wherry |
| | | | | | | | Stephen R. Wherry |
Signature: | | /s/ Brett Wherry | | | | | | Title: Treasurer |
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Print Name: | | Brett Wherry | | | | | | |
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Witnesses: | | | | | | BANK: |
| | | | | | Branch Banking and Trust Company |
Signature: | | /s/ Victoria Costa | | | | | | |
| | | | | | By: | | /s/ Barry Forbes |
Print Name: | | Victoria Costa | | | | | | Barry Forbes |
| | | | | | | | Title: Senior Vice President |
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Signature: | | /s/ Trish Kelley | | | | | | |
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Print Name: | | Trish Kelley | | | | | | |