Exhibit 10.1
LOAN MODIFICATION AGREEMENT AND REAFFIRMATION OF LOAN
[HERITAGE GLOBAL INC.; LOAN NO.:13880]
This LOAN MODIFICATION AGREEMENT AND REAFFIRMATION OF LOAN
(this “Agreement”) is made effective as of July 24, 2024 (“Reference Date”) by and between Heritage Global Inc., a Florida corporation (“Borrower”), and C3bank, National Association (“Lender”) with respect to the following facts:
R E C I T A L S:
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
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warranties contained in this Agreement, the Existing Loan Agreement and in any and all of the other Loan Documents are true and correct as of the date of this Agreement, and all such representations and warranties shall survive the execution of this Agreement.
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“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
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SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
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IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be duly executed and delivered as of the date first above written.
BORROWER:
Heritage Global Inc., a Florida corporation
By: Name: James Sklar Its: Executive Vice President, General Counsel and Secretary
GRANTOR:
Heritage Global Partners Inc., a California corporation
By: Name: James Sklar Its: Executive Vice President, General Counsel and Secretary
Heritage Global LLC, a Delaware limited liability company
By: Name: James Sklar Its: Executive Vice President, General Counsel and Secretary
Heritage Global Capital LLC, a Delaware limited liability company
By: Name: James Sklar Its: Executive Vice President, General Counsel and Secretary | LENDER:
C3bank, National Association
By: Name: Bryan Downie Its: SVP/Chief Credit Officer |
Exhibit 10.1
GRANTOR:
Heritage ALT LLC,
a Delaware limited liability company, formerly known as Equity Partners HG LLC
By: Name: James Sklar
Its: Executive Vice President, General Counsel and Secretary
Heritage Global Inc., a Florida corporation
By: Name: James Sklar
Its: Executive Vice President, General Counsel and Secretary
National Loan Exchange, Inc. an Illinois company
By: Name: Brian Cobb
Its: Chief Financial Officer