Common use of Amended and Restated Note Clause in Contracts

Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period. Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May 13, 2002.

Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May August 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May August 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period. Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May June 13, 2002.

Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May June 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May June 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period. Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May 1310, 2002.

Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May February 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May February 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period. Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May February 13, 2002.

Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May March 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May March 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period, and (c) on March 13, 2002, the March 13, 2002 payment is received by Lender in full (the December 13, 2001 payment, the January 13, 2002 payment and the February 13, 2002 payment being rescheduled pursuant to the terms of the Restated Note). Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May March 13, 2002.

Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May March 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May March 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period, and (c) on March 13, 2002, the March 13, 2002 payment is received by Lender in full (the Decemebr 13, 2001 payment, the January 13, payment and the February 13, 2002 payment being rescheduled pursuant to the terms of the Restated Note). Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May March 13, 2002.