Common use of AND ADDITIONAL DOCUMENTATION Clause in Contracts

AND ADDITIONAL DOCUMENTATION. This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. NEBRASKA BOOK COMPANY, INC. By /s/ Xxxx X. Xxxxxxxx -------------------------------- Its: President EXECUTIVE /s/ Xxxxxxx X. Xxxxx -------------------------------- Appendix A SECURED PROMISSORY NOTE $123,764.93 January ___, 2000 FOR VALUE RECEIVED, the undersigned, Xxxxxxx X. Xxxxx, (the "Borrower"), hereby promises to pay to NBC Acquisition Corp., a Delaware corporation (the "Payee"), the principal sum of One Hundred Twenty-three Thousand Seven Hundred Sixty-four Dollars and ninety-three cents ($123,764.93), together with interest on the unpaid balance of such principal amount from the date hereof at a rate of interest equal to 5.25% per annum payable on or before January ___, 2010. Payment of interest shall commence on December 31, 2000 and shall be payable thereafter annually on December 31 of each year. Payments of principal and interest on this Note shall be paid to the Payee at its principal office in Lincoln, Nebraska (or where otherwise specified by the Payee), by certified or official bank check or personal check (subject to collection) payable to the Payee. If the date set for any payment of principal or interest o this Note is a Saturday, Sunday or legal holiday, such payment shall be due on the next succeeding business day. As of the date hereof, the Borrower has purchased from Payee 2,621 shares of its common stock, $0.01 par value per share, $123,764.93 of which was paid in the form of this Note. This Note shall be secured by a pledge of the Collateral (as defined in the Pledge and Security Agreement (as defined below)) by the Borrower to Payee as provided in that certain Pledge and Security Agreement (the "Security Agreement"), dated as of the date hereof, between the Payee and the Borrower. In the event that the Borrower fails to make complete payment of accrued principal or interest when due under this Note, the Payee may accelerate this Note and may, by written notice to the Borrower, declare the entire unpaid principal amount and all such accrued and unpaid interest therein to be immediately due and payable and, thereupon, the unpaid principal amount and all such accrued and unpaid interest shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Borrower; PROVIDED, HOWEVER, the Payee shall only have recourse against the Borrower for payment of One Hundred Thousand Dollars ($100,000) of the principal owing under this Note. In case this Note shall become mutilated, defaced or apparently destroyed, lost or stolen, upon the written request of the Payee, the Borrower shall issue and execute a new Note in exchange and substitution for the mutilated or defaced Note or in lieu of and substitution for the note so apparently destroyed, lost or stolen. Thereafter, no amount shall be due and payable or owing under the mutilated, defaced or apparently destroyed, lost or stolen Note. This Note may be prepaid in whole or in part (principal amount to be prepaid, plus accrued interest thereon through date of prepayment) at any time without penalty. This Note may be assigned by the Payee to any of his affiliates, members of his immediate family or trusts, partnerships or limited liability companies established for their benefit. The provisions of this Note shall be governed by and construed in accordance with the internal laws of the State of New York without regard to the conflicts of law rules thereof.

Appears in 2 contracts

Samples: Memorandum of Understanding (Nebraska Book Co), Memorandum of Understanding (NBC Acquisition Corp)

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AND ADDITIONAL DOCUMENTATION. This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. NEBRASKA BOOK COMPANY, INC. By /s/ Xxxx X. Xxxxxxxx -------------------------------- By______________________________ Its: President Chairman EXECUTIVE /s/ Xxxxxxx -------------------------------- Bxxxx X. Xxxxx -------------------------------- Major Appendix A SECURED PROMISSORY NOTE $123,764.93 225,000 January ____, 2000 1999 FOR VALUE RECEIVED, the undersigned, Xxxxxxx Bxxxx X. XxxxxMajor, (the "Borrower"), hereby promises to pay to NBC Acquisition Corp., a Delaware corporation (the "Payee"), the principal sum of One Two Hundred Twenty-three Five Thousand Seven Hundred Sixty-four Dollars and ninety-three cents ($123,764.93225,000), together with interest on the unpaid balance of such principal amount from the date hereof at a rate of interest equal to 5.25% per annum payable on or before January ___, 20102009. Payment of interest shall commence on December 31, 2000 1999 and shall be payable thereafter annually on December 31 of each year. Payments of principal and interest on this Note shall be paid to the Payee at its principal office in Lincoln, Nebraska (or where otherwise specified by the Payee), by certified or official bank check or personal check (subject to collection) payable to the PayeePayee . If the date set for any payment of principal or interest o on this Note is a Saturday, Sunday or legal holiday, such payment shall be due on the next succeeding business day. As of the date hereof, the Borrower has purchased from Payee 2,621 4,765 shares of its common stock, $0.01 par value per share, $123,764.93 225,000 of which was paid in the form of this Note. This Note shall be secured by a pledge of the Collateral (as defined in the Pledge and Security Agreement (as defined below)) ) by the Borrower to Payee as provided in that certain Pledge and Security Agreement (the "Security Agreement"), dated as of the date hereof, between the Payee and the Borrower. In the event that the Borrower fails to make complete payment of accrued principal or interest when due under this Note, the Payee may accelerate this Note and may, by written notice to the Borrower, declare the entire unpaid principal amount and all such accrued and unpaid interest therein to be immediately due and payable and, thereupon, the unpaid principal amount and all such accrued and unpaid interest shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Borrower; PROVIDEDprovided, HOWEVERhowever, the Payee shall only have recourse against the Borrower for payment of One Hundred Thousand Dollars ($100,000) of the principal owing under this Note. In case this Note shall become mutilated, defaced or apparently destroyed, lost or stolen, upon the written request of the Payee, the Borrower shall issue and execute a new Note in exchange and substitution for the mutilated or defaced Note or in lieu of and substitution for the note Note so apparently destroyed, lost or stolen. Thereafter, no amount shall be due and payable or owing under the mutilated, defaced or apparently destroyed, lost or stolen Note. This Note may be prepaid in whole or in part (principal amount to be prepaid, plus accrued interest thereon through date of prepayment) at any time without penalty. This Note may be assigned by the Payee to any of his affiliates, members of his immediate family or trusts, partnerships or limited liability companies established for their benefit. The provisions of this Note shall be governed by and construed in accordance with the internal laws of the State of New York without regard to the conflicts of law rules thereof.

Appears in 1 contract

Samples: Memorandum of Understanding (Nebraska Book Co)

AND ADDITIONAL DOCUMENTATION. This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. NEBRASKA BOOK COMPANY, INC. By /s/ Xxxx X. Xxxxxxxx -------------------------------- By______________________________ Its: President EXECUTIVE /s/ Xxxxxxx X. Xxxxx -------------------------------- Appendix A SECURED PROMISSORY NOTE $123,764.93 January 150,000 September ___, 2000 1999 FOR VALUE RECEIVED, the undersigned, Xxxxxxx X. XxxxxAlan Siemek, (the "BorrowerBorroxxx"), hereby xxxxby promises to pay to NBC Acquisition Corp., a Delaware corporation (the "Payee"), the principal sum of One Hundred Twenty-three Fifty Thousand Seven Hundred Sixty-four Dollars and ninety-three cents ($123,764.93150,000), together with interest on the unpaid balance of such principal amount from the date hereof at a rate of interest equal to 5.25% per annum payable on or before January September ___, 20102009. Payment of interest shall commence on December 31, 2000 1999 and shall be payable thereafter annually on December 31 of each year. Payments of principal and interest on this Note shall be paid to the Payee at its principal office in Lincoln, Nebraska (or where otherwise specified by the Payee), by certified or official bank check or personal check (subject to collection) payable to the Payee. If the date set for any payment of principal or interest o this Note is a Saturday, Sunday or legal holiday, such payment shall be due on the next succeeding business day. As of the date hereof, the Borrower has purchased from Payee 2,621 3,177 shares of its common stock, $0.01 par value per share, $123,764.93 150,000 of which was paid in the form of this Note. This Note shall be secured by a pledge of the Collateral (as defined in the Pledge and Security Agreement (as defined below)) by the Borrower to Payee as provided in that certain Pledge and Security Agreement (the "Security Agreement"), dated as of the date hereof, between the Payee and the Borrower. In the event that the Borrower fails to make complete payment of accrued principal or interest when due under this Note, the Payee may accelerate this Note and may, by written notice to the Borrower, declare the entire unpaid principal amount and all such accrued and unpaid interest therein to be immediately due and payable and, thereupon, the unpaid principal amount and all such accrued and unpaid interest shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Borrower; PROVIDED, HOWEVER, the Payee shall only have recourse against the Borrower for payment of One Hundred Thousand Dollars ($100,000) of the principal owing under this Note. In case this Note shall become mutilated, defaced or apparently destroyed, lost or stolen, upon the written request of the Payee, the Borrower shall issue and execute a new Note in exchange and substitution for the mutilated or defaced Note or in lieu of and substitution for the note so apparently destroyed, lost or stolen. Thereafter, no amount shall be due and payable or owing under the mutilated, defaced or apparently destroyed, lost or stolen Note. This Note may be prepaid in whole or in part (principal amount to be prepaid, plus accrued interest thereon through date of prepayment) at any time without penalty. This Note may be assigned by the Payee to any of his affiliates, members of his immediate family or trusts, partnerships or limited liability companies established for their benefit. The provisions of this Note shall be governed by and construed in accordance with the internal laws of the State of New York without regard to the conflicts of law rules thereof.

Appears in 1 contract

Samples: Memorandum of Understanding (NBC Acquisition Corp)

AND ADDITIONAL DOCUMENTATION. This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. NEBRASKA BOOK COMPANY, INC. By /s/ Xxxx X. Xxxxxxxx -------------------------------- -------------------------- Its: President EXECUTIVE /s/ Xxxxxxx Xxxxxx X. Xxxxx -------------------------------- Appendix Xxxx -------------------------- APPENDIX A SECURED PROMISSORY NOTE $123,764.93 January ___April 17, 2000 2001 FOR VALUE RECEIVED, the undersigned, Xxxxxxx X. XxxxxXxxxxx Xxxx, (the "Borrower"), hereby promises to pay to NBC Acquisition Corp., a Delaware corporation (the "Payee"), the principal sum of One Hundred Twenty-three Three Thousand Seven Hundred Sixty-four Sixty Four Dollars and ninety-three cents Ninety Three Cents ($123,764.93), together with interest on the unpaid balance of such principal amount from the date hereof at a rate of interest equal to 5.25% per annum payable on or before January ___1, 20102009. Payment of interest shall commence on December 31April 17, 2000 2001 and shall be payable thereafter annually on December 31 of each year. Payments of principal and interest on this Note shall be paid to the Payee at its principal office in Lincoln, Nebraska (or where otherwise specified by the Payee), by certified or official bank check or personal check (subject to collection) payable to the PayeePayee . If the date set for any payment of principal or interest o on this Note is a Saturday, Sunday or legal holiday, such payment shall be due on the next succeeding business day. As of the date hereof, the Borrower has purchased from Payee 2,621 shares of its common stock, $0.01 par value per share, $123,764.93 of which was paid in the form of this Note. This Note shall be secured by a pledge of the Collateral (as defined in the Pledge and Security Agreement (as defined below)) by the Borrower to Payee as provided in that certain Pledge and Security Agreement (the "Security Agreement"), dated as of the date hereof, between the Payee and the Borrower. In the event that the Borrower fails to make complete payment of accrued principal or interest when due under this Note, the Payee may accelerate this Note and may, by written notice to the Borrower, declare the entire unpaid principal amount and all such accrued and unpaid interest therein to be immediately due and payable and, thereupon, the unpaid principal amount and all such accrued and unpaid interest shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Borrower; PROVIDEDprovided, HOWEVERhowever, the Payee shall only have recourse against the Borrower for payment of One Hundred Thousand Dollars ($100,000) of the principal owing under this Note. In case this Note shall become mutilated, defaced or apparently destroyed, lost or stolen, upon the written request of the Payee, the Borrower shall issue and execute a new Note in exchange and substitution for the mutilated or defaced Note or in lieu of and substitution for the note Note so apparently destroyed, lost or stolen. Thereafter, no amount shall be due and payable or owing under the mutilated, defaced or apparently destroyed, lost or stolen Note. This Note may be prepaid in whole or in part (principal amount to be prepaid, plus accrued interest thereon through date of prepayment) at any time without penalty. This Note may be assigned by the Payee to any of his affiliates, members of his immediate family or trusts, partnerships or limited liability companies established for their benefit. The provisions of this Note shall be governed by and construed in accordance with the internal laws of the State of New York without regard to the conflicts of law rules thereof.

Appears in 1 contract

Samples: Memorandum of Understanding (Nebraska Book Co)

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AND ADDITIONAL DOCUMENTATION. This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. NEBRASKA BOOK COMPANY, INC. By /s/ Xxxx X. Xxxxxxxx -------------------------------- By______________________________ Its: President EXECUTIVE /s/ Xxxxxxx X. Xxxxx -------------------------------- Appendix A SECURED PROMISSORY NOTE $123,764.93 January 150,000 September ___, 2000 1999 FOR VALUE RECEIVED, the undersigned, Xxxxxxx X. XxxxxXxxx Xxxxxx, (the "Borrower"), hereby promises to pay to NBC Acquisition Corp., a Delaware corporation (the "Payee"), the principal sum of One Hundred Twenty-three Fifty Thousand Seven Hundred Sixty-four Dollars and ninety-three cents ($123,764.93150,000), together with interest on the unpaid balance of such principal amount from the date hereof at a rate of interest equal to 5.25% per annum payable on or before January September ___, 20102009. Payment of interest shall commence on December 31, 2000 1999 and shall be payable thereafter annually on December 31 of each year. Payments of principal and interest on this Note shall be paid to the Payee at its principal office in Lincoln, Nebraska (or where otherwise specified by the Payee), by certified or official bank check or personal check (subject to collection) payable to the Payee. If the date set for any payment of principal or interest o this Note is a Saturday, Sunday or legal holiday, such payment shall be due on the next succeeding business day. As of the date hereof, the Borrower has purchased from Payee 2,621 3,177 shares of its common stock, $0.01 par value per share, $123,764.93 150,000 of which was paid in the form of this Note. This Note shall be secured by a pledge of the Collateral (as defined in the Pledge and Security Agreement (as defined below)) by the Borrower to Payee as provided in that certain Pledge and Security Agreement (the "Security Agreement"), dated as of the date hereof, between the Payee and the Borrower. In the event that the Borrower fails to make complete payment of accrued principal or interest when due under this Note, the Payee may accelerate this Note and may, by written notice to the Borrower, declare the entire unpaid principal amount and all such accrued and unpaid interest therein to be immediately due and payable and, thereupon, the unpaid principal amount and all such accrued and unpaid interest shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Borrower; PROVIDED, HOWEVER, the Payee shall only have recourse against the Borrower for payment of One Hundred Thousand Dollars ($100,000) of the principal owing under this Note. In case this Note shall become mutilated, defaced or apparently destroyed, lost or stolen, upon the written request of the Payee, the Borrower shall issue and execute a new Note in exchange and substitution for the mutilated or defaced Note or in lieu of and substitution for the note so apparently destroyed, lost or stolen. Thereafter, no amount shall be due and payable or owing under the mutilated, defaced or apparently destroyed, lost or stolen Note. This Note may be prepaid in whole or in part (principal amount to be prepaid, plus accrued interest thereon through date of prepayment) at any time without penalty. This Note may be assigned by the Payee to any of his affiliates, members of his immediate family or trusts, partnerships or limited liability companies established for their benefit. The provisions of this Note shall be governed by and construed in accordance with the internal laws of the State of New York without regard to the conflicts of law rules thereof.

Appears in 1 contract

Samples: Memorandum of Understanding (Nebraska Book Co)

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