Laserfiche WebLink
EXHIBIT E-1 <br />ACQUISITION LOAN – LOAN TERMS <br />Borrower: <br /> Beam Construction & Management, LLC <br />Aggregate Amount: <br /> An amount not to exceed $3,550,000 <br />Tranche 1: Section 108 <br />Amount: $2,510,444 <br />Term/Amortization: <br /> 10 years. Interest only payments for the first two years, commencing August 1, <br />2008. No principal the first two years; thereafter thirty-one (31) principal quarterly payments of $32,000 <br />each, with a final principal installment of all unpaid principal due at maturity. <br />Interest Rate: <br /> <br />Prior to Conversion by HUD of Section 108 Loan: Interest rate on Section 108 Loan (currently LIBOR + <br />20 bps, floating) <br />After Conversion by HUD of Section 108 Loan: Interest rate on Section 108 Loan (a fixed rate based on <br />market conditions when sold annually (traditionally lower yields than federal agency securities (ex. Fannie <br />Mae)) <br />Prepayment: <br /> No prepayment after conversion to fixed rate unless (i) permitted by HUD under the <br />corresponding Section 108 loan to the City, which allows for defeasance, or (ii) unless consented by <br />Agency in its sole and absolute discretion. Prior to conversion may be pre-paid in whole or in part at any <br />time. <br />Beam shall pay to the Agency the ratable portion of any fees and charges charged to or incurred by the City <br />or the Agency in connection with the City’s Section 108 Loan from HUD, including fiscal agent and/or <br />trustee’s fees and conversion fees. <br />Tranche 2: BEDI <br />Amount: $635,556 <br />Term/Amortization: <br /> The earlier of (i)50 years or (ii) the date on which Beam achieves a 13% rate of <br />return on capital, to be measured according to a formula mutually agreed. All unpaid principal due at <br />maturity. Tranche 2 may be subject to debt forgiveness upon sale of the Property if Beam fails to achieve a <br />13% rate of return on capital. Pursuant to Section 13.3.1 of the Agreement, the payment of the deferred <br />development fee is subordinated to the repayment of Tranche 2. <br />Interest Rate: <br /> 0% <br />Prepayment: <br /> May be pre-paid in whole or in part at any time. <br />Tranche 3: DRLP <br />Amount: $404,000 <br />Term/Amortization: <br /> 10 years. Interest only payments for the first two years, commencing August 1, <br />2008. No principal the first two years; thereafter thirty-one (31) principal quarterly payments of $5,700 <br />each, with a final principal installment of all unpaid principal due at maturity. <br />Interest Rate: <br /> <br />Same as Tranche 1. <br />Prepayment: <br /> May be pre-paid in whole or in part at any time. <br />Payment Dates: <br /> Payments of principal and interest due on the first day of each August, November, February and <br />May, commencing August 1, 2008 <br />Default Rate Interest: <br />5% above the otherwise applicable rate <br />Conditions Precedent to Acquisition Loan Closing: <br />1. Buyer shall provide Agency information demonstrating, to Agency’s satisfaction, Buyer’s <br />compliance with all requirements of the US Department of Housing and Urban Development for <br />its Section 108 and Brownfields Economic Development Initiative loan guarantee and grant <br />programs. <br />2. Receipt by Agency of the following: <br /> a. Satisfactory evidence of the authority of Beam to enter into the transactions contemplated by <br />this term sheet. <br />Page - 35 <br /> <br />