I don't think so Kelly, Brunswick fronted Reggie the entire 4mil of Baja to keep Reggie out of default
http://biz.yahoo.com/e/080603/fpb8-k.htmlRegions Bank Related Agreements
As previously disclosed in Form 8-Ks and 10-Qs filed with the SEC, the Company has an Amended & Restated Loan Agreement with Regions Bank (the "Loan Agreement"). The Loan Agreement covers a $14,500,000 term loan (the "Term Loan") and a $2,000,000 revolving line of credit (the "Revolver"). The Term Loan matures September 19, 2010, and is secured by accounts receivable, inventories, property, plant and equipment, death proceeds under certain life insurance policies, and common stock. The Revolver maturity date is July 12, 2008. As of March 31, 2008, the Company was not in compliance with the covenant setting forth minimum earnings before interest, taxes, depreciation and amortization (EBITDA). The remedy for an event of default prescribed in the Amended & Restated Loan Agreement is for Regions Bank to declare all or any part of any obligation of the Company to Regions Bank due and payable immediately. Regions Bank has waived its right to remedy the default resulting from the Company's breach of this covenant and issued such waiver in writing. This waiver extends to the end of the three months ending June 30, 2008, at which time covenant compliance will be determined anew. If the Company is not able to cure the default or obtain an additional waiver at that time, the lender has the right to foreclose on substantially all of the Company's assets.
On May 28, 2008, Baja By Fountain, Inc. granted Regions Bank a security interest in all its assets and guaranteed the obligations of the Company and FPI to Regions Bank. At the same time, Brunswick has entered into a Subordination Agreement with Regions Bank pursuant to which Brunswick subordinated its note and liens and other obligations of Baja By Fountain, Inc. described in Item 2.01 of this Report to rights of Regions Bank.
Item 2.01 of this Report is incorporated by reference into this Item 1.01.