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Note 5 - Financing From Blue Water Capital Funding LLC
3 Months Ended
Mar. 31, 2018
Disclosure Text Block [Abstract]  
Note 5 - Financing From Blue Water Capital Funding LLC

NOTE 5 - FINANCING FROM BLUE WATER CAPITAL FUNDING LLC

 

On June 29, 2016, Summer LLC (the “Borrower”) entered into a Loan Agreement (the “Agreement”) with Blue Water Capital Funding, LLC (“Blue Water”).  Pursuant to the Agreement, Blue Water agreed to provide a revolving loan (the “Loan”) to the Borrower, and the Borrower agreed to borrow and repay funds loaned by Blue Water.

 

The amount of available credit under the Loan is $5,000,000.  The Loan is revolving in nature and is evidenced by a Revolving Promissory Note (the “Note”).  The maturity date of the Loan is June 30, 2018.  The Loan bears interest at a rate of 11% per annum, with a minimum monthly financing fee of $22,500 per month.  Interest is payable on the tenth day of each month and on the maturity date of the Note.

 

The proceeds of the Loan may be used by the Borrower to repay indebtedness and for other corporate purposes. 

 

In connection with the Agreement, the Borrower made certain customary representations and warranties, and agreed that while the Loan amount remains outstanding, it would not take certain actions, including that it will not incur certain debts (as defined in the Agreement); create, assume, or suffer to exist any lien on any property or asset of the

Borrower, except those set forth in and allowed by the Agreement; consolidate or merge with any other entity; or sell, lease, or transfer all or substantially all of the assets of the Borrower.

 

In connection with the Agreement, the Borrower and Blue Water also entered into a Security Agreement (the “Security Agreement”), and the Company executed a Guaranty (the “Guaranty”) in favor of Blue Water.

 

Security Agreement

 

Pursuant to the Security Agreement, the Borrower granted to Blue Water a second position security interest in and to the Borrower’s collateral, as more fully defined in the Security Agreement, which includes receivables, equipment, inventory, personal property, other intangibles, and proceeds from any of these, to secure the Borrower’s payment of its obligations under the Loan.  The security interest granted to Blue Water is subordinate to a security interest granted to DTE Energy Trading, Inc. (“DTE”) pursuant to a credit agreement between the Borrower and DTE dated April 1, 2014 (Note 7).

 

At March 31, 2018 and December 31, 2017, the outstanding balance of financing from Blue Water Capital was $2,920,000 and $2,500,000, respectively.  Interest paid during the three months ended March 31, 2018 and 2017 was $76,450 and $68,750, respectively.