Orange County NC Website
DocuSign Envelope ID: E51 FEDB4-DE67-4E2D-A34B-153D3BEADB7E <br /> Amendment to Loan and Security Agreement <br /> This Amendment to Loan and Security Agreement (the "Amendment") is made and entered into <br /> between BORO BEVERAGE COMPANY, LLC ("Borrower") and Orange County("Lender"). <br /> Recitals <br /> 1. Borrower and Lender entered into a Loan and Security Agreement dated February 25, 2019 (the "Loan <br /> Agreement"). <br /> 2. Borrower and Lender desire to modify and amend the Loan Agreement as provided herein. <br /> Amendment <br /> For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, <br /> Lender and Borrower hereby agree and amend and modify the Loan Agreement as follows: <br /> 1. Definitions. Except as otherwise provided herein,terms defined in the Loan Agreement shall have the <br /> same meaning when used herein.Terms defined in the singular shall have the same meaning when used <br /> in the plural and vice versa. <br /> 2. Amendments.The Loan Documents are hereby modified and amended as follows: <br /> (a) Section 17 of the Loan Agreement is amended as follows: <br /> 17.2 Any communication under this Agreement shall be sufficiently given and deemed given when <br /> delivered by hand or on the date shown as the date of delivery on a United States Postal Service <br /> return receipt, if addressed as follows: <br /> 17.2.1 If to the County,addressed as follows: Orange County 131 W. Margaret Ln, Hillsborough, <br /> NC 27278 <br /> (b) Section 12.11 and 12.12 of the Loan Agreement are deleted: <br /> 3. References. Each reference in the Loan Documents to any of the Loan Documents shall be deemed to <br /> be a reference to such documents as modified hereby. <br /> 4. Borrower Covenants. Borrower covenants with Lender as follows: <br /> (a) Borrower shall execute, deliver, and provide to Lender such additional agreements, documents, and <br /> instruments as reasonably required by Lender to effectuate the intent of this Amendment. <br /> (b) Borrower hereby fully, finally, and forever releases and discharges Lender and its successors, assigns, <br /> directors, employees, agents, and representatives from any and all actions, causes of action, claims, <br /> debts, demands, liabilities, obligations, and suits of whatever kind or nature, in law or equity,that <br /> Borrower has or in the future may have,whether known or unknown, arising from or relating to the <br />