Orange County NC Website
LOAN AND SECURITY AGREEMENT <br />Page1of7 <br />ȱ <br /> THIS Loan and Security Agreement (the "Agreement") is dated as of October 20, 2014, and is <br />by and between Flawless, LLC, a North Carolina limited liability company (the "Borrower") and the <br />Orange County Small Business Loan Program Company, a North Carolina nonprofit corporation <br />(the “Company”) <br /> The Borrower has applied for a loan from the Company, and the Company has agreed to make <br />the loan. This Agreement sets out the terms of the loan, including the terms for payments and the <br />security for the loan. <br /> NOW, THEREFORE, in consideration of the mutual promises set out in this Agreement, the <br />parties agree as follows: <br />PART ONE – AGREEMENT TO MAKE AND REPAY THE LOAN <br />1. The Company will loan to the Borrower the sum of [$10,000] (the "Loan"). The Company is making <br />this loan by giving the Borrower a check for the full amount of the loan, reduced by the Company’s <br />loan fee of [$100]. <br />2. The Borrower will repay the loan. The Borrower’s obligation to repay the Loan will be represented <br />by a promissory note (the “Note) in substantially the form of Exhibit A, which the Borrower will <br />execute and deliver to the Company in exchange for the Loan proceeds. The Note will set out the <br />terms of repayment, including payment dates and interest rates. <br />3. The Borrower will use the Loan for the purposes of its business (the “Business”) as described in its <br />application to the Company for this Loan. <br />PART TWO - SECURITY FOR THE LOAN <br />4. To secure its obligations to the Company under the Note and this Loan Agreement, Borrower <br />grants to the Company a security interest in the “Collateral” as described in Exhibit B. This <br />Agreement is intended as, and constitutes, a security agreement within the meaning of the North <br />Carolina Uniform Commercial Code (UCC) Financing Statement, with respect to the Collateral. <br />The Borrower will execute and deliver to the Company UCC Financing Statements and such other <br />documents as the Company may reasonably deem appropriate to secure the benefits of this <br />Agreement. <br />5. To further secure the Borrower’s obligations to the Company under the Note and this Loan <br />Agreement, Wendy E. Solomon shall execute a personal guaranty in substantially the form of <br />Exhibit C. <br />PART THREE - EVENTS OF DEFAULT <br />6.Events of Default – The happening of any of the following events shall constitute a default under <br />this Agreement (these are the “Events of Default”): <br />6.1 The Borrower fails to pay when due any amounts payable under the Note; <br />6.2 The Borrower breaches or fails to perform or observe any term, condition or covenant of this <br />Agreement or the Note on its part to be observed or performed; <br />6.3 The Borrower moves its principal place of business outside Orange County; <br />DocuSign Envelope ID: 13893DB1-E609-41AD-9B91-B891B8DC7CA8