Laserfiche WebLink
�0�208290 <br />Such calculation shall also include unused lines of credit for the benefit of any <br />one or more of the Borrowers from Pedcor Bancorp, Pedcor Financial, LLC, <br />Pedcor Capital, Pedcor Funding Corp., Pedcor Financial Bancorp or Pedcor <br />Residential; (b) (i) The sum of (1) the individual Borrowers' net worth plus (2) <br />The members' equity of Pedcor Investments, A Limited Liability Company which <br />is not included in the individual Guarantors' net worth, shall not be less than <br />$50,000,000.00 as of June 30 or December 31 of any year, or (ii) as of June 30 or <br />December 31 of any calendar yeaz, Pedcor Investments, A Limited Liability <br />Company's ratio of debt (not including any debt payable to entities more than <br />50% owned by the individual Borrowers) to members' equity (calculated Prior to <br />the application of Interpretation No. 46 of the Financial Accounting Standards <br />Board) shall not be above 2:1." <br />6. The Loan Agreement is further amended and modified so as to provide that <br />Section 5.12 Conditions of Pedcor Bancorp of the Loan Agreement is hereby deleted in its <br />entirety and replaced with the following: <br />"5.12 Condition of Pedcor Bancorp. At all times Pedcor Bancorp <br />must: <br />(a) maintain its Tier I Capita.l of at least the greater of 15 times <br />the amount of the Letter of Credit or $38,250,000.00, and <br />(b) maintain its capital ratios shall exceed by at least 20% the <br />"well capitalized" levels established by federal banking authorities for <br />regulatory capita.l purposes as follows: <br />(i) Tier 1 Capital Ratio of 6.00%, <br />(ii) Tier 1 Risk Based Capital Ratio of 7.20%, and <br />(iii) Total Risk Based Capital Ratio of 12.00%." <br />7. Borrower shall deliver to Lender on the date of this Agreement either: (a) fully- <br />executed amendments and modifications to the Letter of Credit which are satisfactory to Lender <br />and its legal counsel which reduce the amount of the Letter of Credit from Two Million Five <br />Hundred Fifty Thousand and 00/100 Dollars ($2,550,000.00) to Nine Hundred Thousand and <br />00/100 Dollars ($900,000.00) or a new letter of credit in the amount of Nine Hundred Thousand <br />and 00/100 Dollars ($900,000.00) (the "2012 Letter of Credit") dated an even date herewith and <br />which 2012 Letter of Credit sha11 be issued upon the same terms as the Letter of Credit, except <br />for the amount thereof, and if Borrower elects to provide to Lender the 2012 Letter of Credit, the <br />2012 Letter of Credit shall replace in its entirety the Letter of Credit. <br />8. The Loan Agreement is further amended and modified so as to provide that <br />Section 9.26 Release of Collateral is hereby deleted in its entirety and replaced with the <br />following: <br />"9.26 Release of Collateral. Upon the sale of any of the real estate which <br />is subject to the Additional Mortgages, such applicable Additional Mortgage shall <br />5 MORIMD:1080698 <br />Grand Island:August 20, 2012 <br />