Alfi: AMENDMENT NO. 3 CREDIT AND SECURITY AGREEMENT – Form 8-K

0

AMENDMENT NO. 3

To
CREDIT AND SECURITY CONTRACT

AMENDMENT NO. 3 CREDIT AND SECURITY AGREEMENT (this “Amendment No. 3“) is taken as of this September 29, 2022 (the “Effective date“), by and between ALFI, INC.a Delaware corporation, as borrower below (the “Company“or the”Borrower“), and Lee Aerospace, Inc.a Kansas corporation (the “Lender” and, with the Borrower, the “Parties“and each, individually, a”To party“).

RECITALS :

The parties have entered into a Credit and Guarantee Agreement, dated April 12, 2022, as amended by Amendment No. 1 to the Credit and Guarantee Agreement, dated June 27, 2022, as amended by amendment no. 2 to the credit and guarantee agreement. Guarantee Agreement, dated August 5, 2022 (as amended, the “credit agreement“), and the desire to modify the credit agreement as indicated herein.

SO NOWfor and in consideration of the foregoing recitals and mutual covenants contained herein, and for any other good and valid consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by the Parties, the Parties agree that following :

1.

Definitions. Capitalized terms used and not defined in this Amendment No. 3 have the respective meanings assigned to them in the Credit Agreement.

2.

Amendments to the credit agreement. The Borrower and the Lender agree that the Credit Agreement is amended in all respects necessary to provide that the amount of credit available and the amount of loans made by the Lender to the Borrower under the Credit Agreement are each increased by the sum which is equal to: (i) $300,000, being the amount lent by the Lender to the Borrower after August 5, 2022 and before the Effective Date; more (ii) $205,000, being the amount lent or to be lent by the Lender to the Borrower from the Effective Date; more (iii) the amount, if any, that the Lender lends to the Borrower in excess of such $205,000 after the Effective Date. The Borrower and the Lender agree that upon receipt by the Borrower of such $205,000, the amount of the Loans made to the Borrower equals $3,755,000.

3.

Efficiency. This Amendment No. 3 comes into force on the Effective Date. Except as expressly provided in this Addendum No. 3, all terms and provisions of the Credit Agreement are and shall remain in full force and effect. As of the Effective Date, each reference in the Credit Agreement to “this Credit Agreement”, “the Credit Agreement”, “hereafter”, “herein”, “herein” or words of similar prominence, and each reference to the Credit Agreement Agreement in any other agreement, document or instrument executed and delivered pursuant to, or in connection with, the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment No. 3.

a.

This Amendment No. 3 shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law principles, and all claims, disputes and controversies relating to or arising out of this Amendment No. 3 or breach thereof, whether in contract, tort or otherwise, shall also be governed by the laws of the State of Florida, excluding its choice of law principles. Any legal action or proceeding relating to this Amendment No. 3 may be brought in the courts of the State of Florida sitting in Miami, Florida, or in the United States District Court for the Southern District, Division of Miami, and by execution and delivery of this Amendment No. 3, the Borrower and the Lender consent, each for itself and with respect to its Property, to the non-exclusive jurisdiction of these courts. The Borrower and the Lender each irrevocably waive any and all objections, including any objection to the establishment of jurisdiction or based on the ground of forum non conveniens, which they may now or hereafter have to the commencement of any action or proceedings in that jurisdiction with respect to this Amendment No. 3 or any other document relating thereto. Borrower and Lender each waive personal service of any subpoena, complaint or other proceeding that may be brought by any other means permitted by the law of the State of Florida.

b.

The provisions of this Amendment No. 3 shall be binding and inure to the benefit of the Parties and their respective successors and assigns hereby authorized, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder. present without the prior written consent of the Lender. Nothing in this Amendment No. 3, express or implied, shall be construed as conferring on any person (other than the parties, their respective successors and assigns hereby permitted) any legal or equitable right, remedy or claim under or because of this Amendment No. 3.

vs.

This Amendment No. 3 may be signed in one or more copies, each of which will be considered an original, but all of which will constitute a single document.

D.

This Amendment No. 3 constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, understandings, representations and warranties, both written and oral, with respect to the subject matter contained herein. concerning this object.

[Signature Page Follows]

IN WITNESS WHEREOFthe Parties have ensured that this Amendment No. 3 is duly signed on the first date indicated above.

BORROWER: ALFI, INC.

a Delaware corporation

By:

/s/ Louis Almerini

Last name:

Louis Almerini

Title:

Acting Chief Financial Officer

LENDER: LEE AEROSPACE, INC.

a Kansas corporation

By:

/s/ James Lee

Last name:

James Lee

Title:

President

Loan office:

Lee Aerospace, Inc.

9323 E. 34th St.
Wichita, Kansas 67226
Attention: President

Fax number: (316) 636-9256

E-mail address: jlee@leeaerospace.com

Disclaimer

Alfi Inc. published this content on October 05, 2022 and is solely responsible for the information contained therein. Distributed by Audienceunedited and unmodified, on October 05, 2022 21:11:03 UTC.

Public now 2022

All news about ALFI, INC.

Sales 2021 0.03

Net income 2021 -18.9M

Net cash 2021 4.29 million

PER 2021 ratio -1.41x
2021 performance
Capitalization 14.6 million
14.6 million
EV / Sales 2020
EV / Sales 2021 1,243,427,319x
# of employees 37
Floating 52.2%


Duration :

Period :




Alfi, Inc. Technical Analysis Chart |  MarketScreener

Trends Technical Analysis ALFI, INC.

Short term Middle term Long term
Tendencies Bearish Bearish Bearish




Evolution of the income statement


Share.

About Author

Comments are closed.