Common use of Business Loans Clause in Contracts

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISES, INC., a Texas corporation By: Name: Title: $_________ Houston, Texas ______________, 20___ FOR VALUE RECEIVED, DXP ENTERPRISES, INC., a Texas corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ (“Payee”), at the office of Xxxxx Fargo Bank, National Association, at 0000 Xxxxxxx Xxx., XXX X0000-000, Xxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars ($___________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28, 2008 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents repre­sents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISES, INC., a Texas corporation By: Name: Title: $_________ 10,000,000 Houston, Texas ______________, 20___ FOR VALUE RECEIVED, DXP ENTERPRISES, INC., a Texas corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ XXXXX FARGO BANK, NATIONAL ASSOCIATION (“Payee”), at the office of Xxxxx Fargo Bank, National Association, Association at 0000 Xxxxxxx Xxx., XXX X0000-000, Xxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Ten Million Dollars ($___________10,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28, 2008 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISESSOLARIS OILFIELD INFRASTRUCTURE, INC.LLC, a Texas corporation Delaware limited liability company By: Name: Title: $_________ $ Houston, Texas ______________, 20___ 20 FOR VALUE RECEIVED, DXP ENTERPRISESSOLARIS OILFIELD INFRASTRUCTURE, INC.LLC, a Texas corporation Delaware limited liability company (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ (“Payee”), at the office of Xxxxx Fargo Bank, National AssociationWOODFOREST NATIONAL BANK, at 0000 Xxxxxxx Xxx.Woodforest National Bank-Loan Operations, XXX X0000-000X.X. Xxx 0000, XxxxxxXxx Xxxxxxxxx, Xxxxxxxx XX 00000, Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars ($___________$ ) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28December 1, 2008 2016 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo Bank, National AssociationWOODFOREST NATIONAL BANK, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISES, INC.CARROLS CORPORATION, a Texas Delaware corporation By: Name: Title: $_________ Houston$ , Texas ______________, 20___ 200 FOR VALUE RECEIVED, DXP ENTERPRISES, INC., a Texas corporation CARROLS CORPORATION (together with its permitted successors, herein collectively called “Maker”), a Delaware corporation, promises to pay to the order of __________________________________ (“Payee”), at the principal office of Xxxxx Fargo JPMorgan Chase Bank, National AssociationN.A., at 0000 Xxxxxxx Xxx., XXX X0000-000, 700 Xxxx Xxxxxx, Xxxxxxxx 00000Xxxxxxx, Telecopy No.: 000-000-0000Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars ($___________$ ) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Loan Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Loan Agreement”) dated as of August 28December 15, 2008 2004 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo JPMorgan Chase Bank, National AssociationN.A., as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Loan Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Loan Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISESORION MARINE GROUP, INC., a Texas Delaware corporation By: Name: Title: HOU:0050320/00182:1602158v1 HOU:0050320/00182:1602158v1 $____________ Houston, Texas _______________, 20201___ FOR VALUE RECEIVED, DXP ENTERPRISESORION MARINE GROUP, INC., a Texas Delaware corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ (“Payee”), at the office of Xxxxx Fargo Bank, National Association, at 0000 Xxxxxxx XxxX XX Xxxxxx Blvd., XXX X0000-000Charlotte, Xxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000NC 28262, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars ($___________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28June 25, 2008 2012 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISES, INC.M-I L.L.C., a Texas corporation Delaware limited liability company By: Name: Title: $_________ Houston, Texas ______________NOTE (Swingline Loans) $ , 20___ FOR VALUE RECEIVED, DXP ENTERPRISESXXXXX INTERNATIONAL, INC., a Texas Delaware corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ (“Payee”), at the office of Xxxxx Fargo JPMorgan Chase Bank, National Association, at 0000 Xxxxxxx Xxx.00 Xxxxx Xxxxxxxx, XXX X0000-000Xxxxx 0, XxxxxxXxxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars ($___________$ ) (or the unpaid principal balance of all principal Swingline Loans advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates and on the date or dates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28December 10, 2008 2009 among Maker, M-I L.L.C., certain signatory banks named therein (including the Payee) and Xxxxx Fargo JPMorgan Chase Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISESORION MARINE GROUP, INC., a Texas Delaware corporation By: Name: Title: $_________ 5,000,000 Houston, Texas ______________, 20___ 2010 FOR VALUE RECEIVED, DXP ENTERPRISESORION MARINE GROUP, INC., a Texas Delaware corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ XXXXX FARGO BANK, NATIONAL ASSOCIATION (“Payee”), at the office of Xxxxx Fargo Bank, National Association, Association at 0000 Xxxxxxx XxxX XX Xxxxxx Blvd., XXX X0000-000Charlotte, Xxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000NC 28262, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Dollars ($________________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28June 29, 2008 2010 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISESSOLARIS OILFIELD INFRASTRUCTURE, INC.LLC, a Texas corporation Delaware limited liability company By: Name: Title: $$ ____________ Houston, Texas ______________, 20___ 20 FOR VALUE RECEIVED, DXP ENTERPRISESSOLARIS OILFIELD INFRASTRUCTURE, INC.LLC, a Texas corporation Delaware limited liability company (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ (“Payee”), at the office of Xxxxx Fargo Bank, National AssociationWOODFOREST NATIONAL BANK, at 0000 Xxxxxxx Xxx.Woodforest National Bank-Loan Operations, XXX X0000-000P.X. Xxx 0000, XxxxxxXxx Xxxxxxxxx, Xxxxxxxx XX 00000, Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars dollars ($___________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28January 19, 2008 2018 among Maker, certain signatory banks named therein (including the Payee) and Xxxxx Fargo Bank, National AssociationWOODFOREST NATIONAL BANK, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance CodeChapter One. DXP ENTERPRISESSTERLING CHEMICALS, INC.. By:___________________________________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, a Texas corporation By: Name: Title: Xxxxx $__________ Houston, Texas ________________, 20__199_ FOR VALUE RECEIVED, DXP ENTERPRISESSTERLING CHEMICALS, INC.. ("Maker"), a Texas corporation (together with permitted successors, herein collectively called “Maker”)Delaware corporation, promises to pay to the order of __________________________________ (“"Payee”"), a _______________, at the principal office of Xxxxx Fargo Bank, Texas Commerce Bank National Association, at 0000 Xxxxxxx Xxx.a national banking association, XXX X0000-000, 000 Xxxx Xxxxxx, Xxxxxxxx 00000Xxxxxxx, Telecopy No.: 000-000-0000Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of of_____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Interest Rate Agreement (as amended, supplemented, restated or replaced from time to time, the “"Interest Rate Agreement") attached as Schedule 1 to the Credit Agreement”) dated as of August 28, 2008 among Maker, certain signatory banks named therein Agreement (including the Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agenthereinafter defined); provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. DXP ENTERPRISESXXXXX INTERNATIONAL, INC., . a Texas Delaware corporation By: Name: Title: $_________ Houston, Texas ______________NOTE (Tranche B Revolving Loans) $ , 20___ FOR VALUE RECEIVED, DXP ENTERPRISES, INC.M-I L.L.C., a Texas corporation Delaware limited liability company (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ (“Payee”), at the office of Xxxxx Fargo JPMorgan Chase Bank, National Association, at 0000 Xxxxxxx Xxx.00 Xxxxx Xxxxxxxx, XXX X0000-000Xxxxx 0, XxxxxxXxxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Dollars ($___________$ ) (or the unpaid principal balance of all principal Tranche B Revolving Loans advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates and on the date or dates provided in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit Agreement”) dated as of August 28December 10, 2008 2009 among Maker, Xxxxx International, Inc., certain signatory banks named therein (including the Payee) and Xxxxx Fargo JPMorgan Chase Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement.

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance CodeChapter One. DXP ENTERPRISES, INC.NATIONAL TANK COMPANY, a Texas Delaware corporation By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- 88 XXXXXXXXX XXXX Xxxxxxx, Xxxxx $__________________ Houston, Texas ______________, 20199___ FOR VALUE RECEIVED, DXP ENTERPRISES, INC.NATIONAL TANK COMPANY, a Texas Delaware corporation (together with permitted successors, herein collectively called “"Maker”"), promises to pay to the order of __________________________________ (“"Payee”"), at the principal office of Xxxxx Fargo Bank, Texas Commerce Bank National Association, at 0000 Xxxxxxx Xxx.a national banking association, XXX X0000-000, 712 Xxxx Xxxxxx, Xxxxxxxx 00000Xxxxxxx, Telecopy No.: 000-000-0000Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of ________________________________ Dollars ($_____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Credit Loan Agreement (as amended, supplemented, restated or replaced from time to time, the “Credit "Loan Agreement”") dated as of August 28June 30, 2008 1997 among Maker, certain signatory banks named therein (including the Payee) therein, and Xxxxx Fargo Bank, Texas Commerce Bank National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Credit Loan Agreement which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Loan Agreement.