EX-10.4
from 8-K
10 pages
In Consideration of and as an Inducement to the Financial Accommodations Made or to Be Made by First Merchants Bank, an Indiana State Bank (“Bank”), to Allure Global Solutions, Inc., a Georgia Corporation (“Ags”), Creative Realities, Inc., a Minnesota Corporation (“Cri”) and Reflect Systems, Inc., a Delaware Corporation (“Rs”), Jointly and Severally (Ags, Cri and Rs, Collectively, the “Borrowers”, and Each a “Borrower”), and for Other Good and Valuable Consideration the Receipt of Which Is Acknowledged, Creative Realities Canada, Inc., a Corporation Formed Under the Provincial Laws of Ontario (The “Guarantor”), Hereby Unconditionally Guarantees Bank the Prompt Payment and Performance of All Advances, Principal, Interest, Liabilities, Obligations, Covenants and Duties Owing to Bank From Any Borrower of Any Kind or Nature, Present or Future, in Each Case Arising Under the Credit Agreement, by and Among Borrowers and Bank Dated as of the Date Hereof (As Amended, Restated, Extended or Supplemented, the “Credit Agreement”) or Any of the Loan Documents, Including Without Limitation, the Obligations, Whether Joint or Several, Due or to Become Due, Now Existing or Hereafter Arising; and as to the Foregoing, Including Any Amendments, Restatements, Modifications, or Superseding Documents to the Foregoing; and All Reasonable, Documented, and Out-Of-Pocket Charges, Expenses, Fees, Including but Not Limited to Reasonable Attorneys’ Fees, and Any Other Sums Chargeable to Any Borrower Under the Credit Agreement or the Other Loan Documents. All of the Foregoing Guaranteed Obligations Are Referred to Herein as the “Guaranteed Obligations”. This Guaranty Shall Constitute a Loan Document as Defined in the Credit Agreement. This Is a Guaranty as Defined in the Credit Agreement. Capitalized Terms Used Herein and Not Otherwise Defined Herein Will Have the Meanings Given Such Terms in the Credit Agreement. 1. Nature of Guaranty, Waivers
12/34/56
