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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 6/29/20 Gratitude Health, Inc. 10-Q 3/31/20 52:2.8M Edgar Agents LLC/FA |
Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 303K 2: EX-10.1 Loan Authorization and Agreement, Dated June 17, HTML 73K 2020, by and Between Home Bistro, Inc. and the U.S. Small Business Administration 3: EX-10.2 Note, Dated June 17, 2020, by Home Bistro, Inc. HTML 31K for the Benefit of the U.S. Small Business Administration 4: EX-10.3 Security Agreement, Dated June 17, 2020, by and HTML 37K Between Home Bistro, Inc. and the U.S. Small Business Administration 5: EX-31.1 Certification -- §302 - SOA'02 HTML 24K 6: EX-32.1 Certification -- §906 - SOA'02 HTML 18K 13: R1 Document and Entity Information HTML 50K 14: R2 Condensed Consolidated Balance Sheets (Unaudited) HTML 89K 15: R3 Condensed Consolidated Balance Sheets (Unaudited) HTML 44K (Parenthetical) 16: R4 Condensed Consolidated Statements Of Operations HTML 70K (Unaudited) 17: R5 Condensed Consolidated Statements Of Changes In HTML 38K Stockholders? Deficit (Unaudited) 18: R6 Condensed Consolidated Statements Of Cash Flows HTML 77K (Unaudited) 19: R7 Organization and Operations HTML 29K 20: R8 Significant and Critical Accounting Policies and HTML 52K Practices 21: R9 Going Concern HTML 22K 22: R10 Operating Lease Right-of-Use Assets and Operating HTML 32K Lease Liabilities 23: R11 Convertible Notes Payable HTML 35K 24: R12 Stockholders' Equity (Deficit) HTML 36K 25: R13 Commitments and Contingencies HTML 29K 26: R14 Concentrations of Revenue and Supplier HTML 26K 27: R15 Subsequent Events HTML 42K 28: R16 Significant and Critical Accounting Policies and HTML 93K Practices (Policies) 29: R17 Significant and Critical Accounting Policies and HTML 23K Practices (Tables) 30: R18 Operating Lease Right-of-Use Assets and Operating HTML 30K Lease Liabilities (Tables) 31: R19 Convertible Notes Payable (Tables) HTML 21K 32: R20 Stockholders' Equity (Deficit) (Tables) HTML 25K 33: R21 Commitments and Contingencies (Tables) HTML 21K 34: R22 Organization and Operations (Details) HTML 36K 35: R23 Significant and Critical Accounting Policies and HTML 28K Practices (Details) 36: R24 Significant and Critical Accounting Policies and HTML 28K Practices (Details Textual) 37: R25 Going Concern (Details) HTML 28K 38: R26 Operating Lease Right-of-Use Assets and Operating HTML 28K Lease Liabilities (Details) 39: R27 Operating Lease Right-of-Use Assets and Operating HTML 28K Lease Liabilities (Details 1) 40: R28 Operating Lease Right-of-Use Assets and Operating HTML 29K Lease Liabilities (Details 2) 41: R29 Operating Lease Right-of-Use Assets and Operating HTML 30K Lease Liabilities (Details Textual) 42: R30 Convertible Notes Payable (Details) HTML 25K 43: R31 Convertible Notes Payable (Details Textual) HTML 86K 44: R32 Stockholders' Equity (Deficit) (Details) HTML 42K 45: R33 Stockholders' Equity (Deficit) (Details Textual) HTML 94K 46: R34 Commitments and Contingencies (Details) HTML 22K 47: R35 Commitments and Contingencies (Details Textual) HTML 26K 48: R36 Concentrations of Revenue and Supplier (Details) HTML 26K 49: R37 Subsequent Events (Details) HTML 59K 51: XML IDEA XML File -- Filing Summary XML 88K 50: EXCEL IDEA Workbook of Financial Reports XLSX 64K 7: EX-101.INS XBRL Instance -- grtd-20200331 XML 555K 9: EX-101.CAL XBRL Calculations -- grtd-20200331_cal XML 109K 10: EX-101.DEF XBRL Definitions -- grtd-20200331_def XML 352K 11: EX-101.LAB XBRL Labels -- grtd-20200331_lab XML 664K 12: EX-101.PRE XBRL Presentations -- grtd-20200331_pre XML 509K 8: EX-101.SCH XBRL Schema -- grtd-20200331 XSD 120K 52: ZIP XBRL Zipped Folder -- 0001213900-20-016143-xbrl Zip 83K
Exhibit 10.3
SBA Loan #7040527908 | Application #3000020655 |
SECURITY AGREEMENT
Read this document carefully. It grants the SBA a security interest (lien) in all the property described in paragraph 4.
This document is predated. DO NOT CHANGE THE DATE ON THIS DOCUMENT.
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SBA Loan #7040527908 | Application #3000020655 |
U.S. Small Business Administration SECURITY AGREEMENT |
SBA Loan #: | 7040527908 |
Borrower: | Home Bistro Inc |
Secured Party: | The Small Business Administration, an Agency of the U.S. Government |
Date: | 06.17.2020 |
Note Amount: | $150,000.00 |
1. | DEFINITIONS. |
Unless otherwise specified, all terms used in this Agreement will have the meanings ascribed to them under the Official Text of the Uniform Commercial Code, as it may be amended from time to time, (“UCC”). “SBA” means the Small Business Administration, an Agency of the U.S. Government.
2. | GRANT OF SECURITY INTEREST. |
For value received, the Borrower grants to the Secured Party a security interest in the property described below in paragraph 4 (the “Collateral”).
3. | OBLIGATIONS SECURED. |
This Agreement secures the payment and performance of: (a) all obligations under a Note dated 06.17.2020, made by Home Bistro Inc, made payable to Secured Lender, in the amount of $150,000.00 (“Note”), including all costs and expenses (including reasonable attorney’s fees), incurred by Secured Party in the disbursement, administration and collection of the loan evidenced by the Note; (b) all costs and expenses (including reasonable attorney’s fees), incurred by Secured Party in the protection, maintenance and enforcement of the security interest hereby granted; (c) all obligations of the Borrower in any other agreement relating to the Note; and (d) any modifications, renewals, refinancings, or extensions of the foregoing obligations.
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SBA Form 1059 (09-19) Previous Editions are obsolete.
SBA Loan #7040527908 | Application #3000020655 |
4. | COLLATERAL DESCRIPTION. |
The Collateral in which this security interest is granted includes the following property that Borrower now owns or shall acquire or create immediately upon the acquisition or creation thereof: all tangible and intangible personal property, including, but not limited to: (a) inventory, (b) equipment, (c) instruments, including promissory notes (d) chattel paper, including tangible chattel paper and electronic chattel paper, (e) documents, (f) letter of credit rights, (g) accounts, including health-care insurance receivables and credit card receivables, (h) deposit accounts, (i) commercial tort claims, (j) general intangibles, including payment intangibles and software and (k) as-extracted collateral as such terms may from time to time be defined in the Uniform Commercial Code. The security interest Borrower grants includes all accessions, attachments, accessories, parts, supplies and replacements for the Collateral, all products, proceeds and collections thereof and all records and data relating thereto.
5. | RESTRICTIONS ON COLLATERAL TRANSFER. |
Borrower will not sell, lease, license or otherwise transfer (including by granting security interests, liens, or other encumbrances in) all or any part of the Collateral or Borrower’s interest in the Collateral without Secured Party’s written or electronically communicated approval, except that Borrower may sell inventory in the ordinary course of business on customary terms. Borrower may collect and use amounts due on accounts and other rights to payment arising or created in the ordinary course of business, until notified otherwise by Secured Party in writing or by electronic communication.
6. | MAINTENANCE AND LOCATION OF COLLATERAL; INSPECTION; INSURANCE. |
Borrower must promptly notify Secured Party by written or electronic communication of any change in location of the Collateral, specifying the new location. Borrower hereby grants to Secured Party the right to inspect the Collateral at all reasonable times and upon reasonable notice. Borrower must: (a) maintain the Collateral in good condition; (b) pay promptly all taxes, judgments, or charges of any kind levied or assessed thereon; (c) keep current all rent or mortgage payments due, if any, on premises where the Collateral is located; and (d) maintain hazard insurance on the Collateral, with an insurance company and in an amount approved by Secured Party (but in no event less than the replacement cost of that Collateral), and including such terms as Secured Party may require including a Lender’s Loss Payable Clause in favor of Secured Party. Borrower hereby assigns to Secured Party any proceeds of such policies and all unearned premiums thereon and authorizes and empowers Secured Party to collect such sums and to execute and endorse in Borrower’s name all proofs of loss, drafts, checks and any other documents necessary for Secured Party to obtain such payments.
7. | CHANGES TO BORROWER’S LEGAL STRUCTURE, PLACE OF BUSINESS, JURISDICTION OF ORGANIZATION, OR NAME. |
Borrower must notify Secured Party by written or electronic communication not less than 30 days before taking any of the following actions: (a) changing or reorganizing the type of organization or form under which it does business; (b) moving, changing its place of business or adding a place of business; (c) changing its jurisdiction of organization; or (d) changing its name. Borrower will pay for the preparation and filing of all documents Secured Party deems necessary to maintain, perfect and continue the perfection of Secured Party’s security interest in the event of any such change.
8. | PERFECTION OF SECURITY INTEREST. |
Borrower consents, without further notice, to Secured Party’s filing or recording of any documents necessary to perfect, continue, amend or terminate its security interest. Upon request of Secured Party, Borrower must sign or otherwise authenticate all documents that Secured Party deems necessary at any time to allow Secured Party to acquire, perfect, continue or amend its security interest in the Collateral. Borrower will pay the filing and recording costs of any documents relating to Secured Party’s security interest. Borrower ratifies all previous filings and recordings, including financing statements and notations on certificates of title. Borrower will cooperate with Secured Party in obtaining a Control Agreement satisfactory to Secured Party with respect to any Deposit Accounts or Investment Property, or in otherwise obtaining control or possession of that or any other Collateral.
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SBA Form 1059 (09-19) Previous Editions are obsolete.
SBA Loan #7040527908 | Application #3000020655 |
9. | DEFAULT. |
Borrower is in default under this Agreement if: (a) Borrower fails to pay, perform or otherwise comply with any provision of this Agreement; (b) Borrower makes any materially false representation, warranty or certification in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this Agreement; (c) another secured party or judgment creditor exercises its rights against the Collateral; or (d) an event defined as a “default” under the Obligations occurs. In the event of default and if Secured Party requests, Borrower must assemble and make available all Collateral at a place and time designated by Secured Party.
Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately due and payable, and, in its sole discretion, may proceed to enforce payment of same and exercise any of the rights and remedies available to a secured party by law including those available to it under Article 9 of the UCC that is in effect in the jurisdiction where Borrower or the Collateral is located. Unless otherwise required under applicable law, Secured Party has no obligation to clean or otherwise prepare the Collateral for sale or other disposition and Borrower waives any right it may have to require Secured Party to enforce the security interest or payment or performance of the Obligations against any other person.
10. | FEDERAL RIGHTS. |
When SBA is the holder of the Note, this Agreement will be construed and enforced under federal law, including SBA regulations. Secured Party or SBA may use state or local procedures for filing papers, recording documents, giving notice, enforcing security interests or liens, and for any other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax or liability. As to this Agreement, Borrower may not claim or assert any local or state law against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
11. | GOVERNING LAW. |
Unless SBA is the holder of the Note, in which case federal law will govern, Borrower and Secured Party agree that this Agreement will be governed by the laws of the jurisdiction where the Borrower is located, including the UCC as in effect in such jurisdiction and without reference to its conflicts of laws principles.
12. | SECURED PARTY RIGHTS. |
All rights conferred in this Agreement on Secured Party are in addition to those granted to it by law, and all rights are cumulative and may be exercised simultaneously. Failure of Secured Party to enforce any rights or remedies will not constitute an estoppel or waiver of Secured Party’s ability to exercise such rights or remedies. Unless otherwise required under applicable law, Secured Party is not liable for any loss or damage to Collateral in its possession or under its control, nor will such loss or damage reduce or discharge the Obligations that are due, even if Secured Party’s actions or inactions caused or in any way contributed to such loss or damage.
13. | SEVERABILITY. |
If any provision of this Agreement is unenforceable, all other provisions remain in effect.
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SBA Form 1059 (09-19) Previous Editions are obsolete.
SBA Loan #7040527908 | Application #3000020655 |
14. | BORROWER CERTIFICATIONS. |
Borrower certifies that: (a) its Name (or Names) as stated above is correct; (b) all Collateral is owned or titled in the Borrower’s name and not in the name of any other organization or individual; (c) Borrower has the legal authority to grant the security interest in the Collateral; (d) Borrower’s ownership in or title to the Collateral is free of all adverse claims, liens, or security interests (unless expressly permitted by Secured Party); (e) none of the Obligations are or will be primarily for personal, family or household purposes; (f) none of the Collateral is or will be used, or has been or will be bought primarily for personal, family or household purposes; (g) Borrower has read and understands the meaning and effect of all terms of this Agreement.
15. | BORROWER NAME(S) AND SIGNATURE(S). |
By signing or otherwise authenticating below, each individual and each organization becomes jointly and severally obligated as a Borrower under this Agreement.
Home Bistro Inc | ||||
/s/ Scher Duchman | Date: | 06.17.2020 | ||
Scher Duchman, Owner/Officer |
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SBA Form 1059 (09-19) Previous Editions are obsolete.
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 1/31/22 Home Bistro, Inc./NV 10-KT 10/31/21 91:10M EdgarAgents LLC/FA 8/16/21 Home Bistro, Inc./NV 10-Q 6/30/21 73:7.1M EdgarAgents LLC/FA 5/26/21 Home Bistro, Inc./NV 253G3 1:1.2M EdgarAgents LLC/FA 5/18/21 Home Bistro, Inc./NV 253G3 1:1.2M EdgarAgents LLC/FA 5/17/21 Home Bistro, Inc./NV 10-Q 3/31/21 59:3.8M EdgarAgents LLC/FA 4/01/21 Home Bistro, Inc./NV 1-A 7:1.5M EdgarAgents LLC/FA 3/22/21 Home Bistro, Inc./NV 10-K 12/31/20 72:4.3M EdgarAgents LLC/FA 8/19/20 Home Bistro, Inc./NV 10-Q 6/30/20 58:2.7M EdgarAgents LLC/FA |