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 Chapter lD of Title 79, Texas Rev. Civ. Stats. 1925, as amended. CARROLS CORPORATION, a Delaware corporation By:___________________ Name:_________________ Title:________________ EXHIBIT C to Loan Agreement REVOLVING NOTE Houston, Texas $_______ __________,199_ FOR VALUE RECEIVED, CARROLS CORPORATION (together with its permitted successors, herein called "Maker"), a Delaware corporation, promises to pay to the order ___________________________________ ("Payee"), at the principal office of Chase Bank of Texas, National Association, a national banking association, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx. Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Dollars ($______ (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 Loan Agreement (as amended, supplemented, restated or replaced from time to time, the "Loan Agreement") dated as of February _____, 1999 among Maker, certain signatory banks named therein (including the Payee) and Chase Bank of Texas, National Association, as 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 term defined in the 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 Loan 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 Chapter lD of Title 79the Texas Finance Code. DXP ENTERPRISES, INC., a Texas corporation By: Name: Title: EXHIBIT C-2 NOTE (Swingline Loans) $10,000,000 Houston, Texas Rev. Civ. Stats. 1925, as amended. CARROLS CORPORATION, a Delaware corporation By:_____________, 20______ Name:_________________ Title:________________ EXHIBIT C to Loan Agreement REVOLVING NOTE Houston, Texas $_______ __________,199_ FOR VALUE RECEIVED, CARROLS CORPORATION DXP ENTERPRISES, INC., a Texas corporation (together with its permitted successors, herein collectively called "“Maker"”), a Delaware corporation, promises to pay to the order ___________________________________ of XXXXX FARGO BANK, NATIONAL ASSOCIATION ("“Payee"”), at the principal office of Chase Bank of TexasXxxxx Fargo Bank, National AssociationAssociation at 0000 Xxxxxxx Xxx., a national banking associationXXX X0000-000, 000 Xxxx Xxxxxx, XxxxxxxXxxxxxxx 00000, Xxxxxx Xxxxxx. Texas 77002Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Ten Million Dollars ($______ 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 Loan Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Loan “Credit Agreement"”) dated as of February _____August 28, 1999 2008 among Maker, certain signatory banks named therein (including the Payee) and Chase Bank of TexasXxxxx 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 (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 Loan 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 Loan 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 Chapter lD of Title 79the Texas Finance Code. DXP ENTERPRISES, INC., a Texas corporation By: Name: Title: NOTE (Swingline Loans) $10,000,000 Houston, Texas Rev. Civ. Stats. 1925, as amended. CARROLS CORPORATION, a Delaware corporation By:_____________, 20______ Name:_________________ Title:________________ EXHIBIT C to Loan Agreement REVOLVING NOTE Houston, Texas $_______ __________,199_ FOR VALUE RECEIVED, CARROLS CORPORATION DXP ENTERPRISES, INC., a Texas corporation (together with its permitted successors, herein collectively called "“Maker"”), a Delaware corporation, promises to pay to the order ___________________________________ of XXXXX FARGO BANK, NATIONAL ASSOCIATION ("“Payee"”), at the principal office of Chase Bank of TexasXxxxx Fargo Bank, National AssociationAssociation at 0000 Xxxxxxx Xxx., a national banking associationXXX X0000-000, 000 Xxxx Xxxxxx, XxxxxxxXxxxxxxx 00000, Xxxxxx Xxxxxx. Texas 77002Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Ten Million Dollars ($______ 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 Loan Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Loan “Credit Agreement"”) dated as of February _____August 28, 1999 2008 among Maker, certain signatory banks named therein (including the Payee) and Chase Bank of TexasXxxxx 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 (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 Loan 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 Loan 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 Chapter lD of Title 79the Texas Finance Code. SOLARIS OILFIELD INFRASTRUCTURE, Texas Rev. Civ. Stats. 1925, as amended. CARROLS CORPORATIONLLC, a Delaware corporation limited liability company By:_______: Name: Title: 3 NOTE (Advance Loans) $ ____________ Name:_________________ Title:________________ EXHIBIT C to Loan Agreement REVOLVING NOTE Houston, Texas $_______ __________,199_ 20 FOR VALUE RECEIVED, CARROLS CORPORATION SOLARIS OILFIELD INFRASTRUCTURE, LLC, a Delaware limited liability company (together with its permitted successors, herein collectively called "“Maker"”), a Delaware corporation, promises to pay to the order ___________________________________ ("“Payee"”), at the principal office of Chase Bank of TexasWOODFOREST NATIONAL BANK, at Woodforest National AssociationBank-Loan Operations, a national banking associationP.X. Xxx 0000, 000 Xxxx XxxxxxXxx Xxxxxxxxx, Xxxxxxx, Xxxxxx Xxxxxx. Texas 77002XX 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Dollars dollars ($______ ______) (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 Loan Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Loan “Credit Agreement"”) dated as of February _____January 19, 1999 2018 among Maker, certain signatory banks named therein (including the Payee) and Chase Bank of Texas, 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 (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 term defined in the Loan 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 Loan 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 Chapter lD of Title 79the Texas Finance Code. 2 XXXXX INTERNATIONAL, Texas Rev. CivINC. Stats. 1925, as amended. CARROLS CORPORATION, a Delaware corporation By:: Name: Title: 3 NOTE (Tranche B Revolving Loans) Chicago, Illinois $ , 20___________________ Name:_________________ Title:________________ EXHIBIT C to Loan Agreement REVOLVING NOTE Houston, Texas $_______ __________,199_ FOR VALUE RECEIVED, CARROLS CORPORATION M-I L.L.C., a Delaware limited liability company (together with its permitted successors, herein collectively called "“Maker"”), a Delaware corporation, promises to pay to the order ___________________________________ of ("“Payee"”), at the principal office of JPMorgan Chase Bank of TexasBank, National Association, a national banking association00 Xxxxx Xxxxxxxx, 000 Xxxx XxxxxxXxxxx 0, Xxxxxxx, Xxxxxx Xxxxxx. Texas 77002Xxxxxxxx 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Dollars ($______ $ ) (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 Loan Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Loan “Credit Agreement"”) dated as of February _____December 10, 1999 2009 among Maker, Xxxxx International, Inc., certain signatory banks named therein (including the Payee) and JPMorgan Chase Bank of TexasBank, 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 term defined in the Loan 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 Loan 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 Chapter lD of Title 79the Texas Finance Code. SOLARIS OILFIELD INFRASTRUCTURE, Texas Rev. Civ. Stats. 1925, as amended. CARROLS CORPORATIONLLC, a Delaware corporation limited liability company By:___________________ : Name:_________________ : Title:________________ : EXHIBIT C to Loan Agreement REVOLVING C-1 3 NOTE (Advance Loans) $ Houston, Texas $_______ __________,199_ , 20 FOR VALUE RECEIVED, CARROLS CORPORATION SOLARIS OILFIELD INFRASTRUCTURE, LLC, a Delaware limited liability company (together with its permitted successors, herein collectively called "“Maker"”), a Delaware corporation, promises to pay to the order ___________________________________ ("“Payee"”), at the principal office of Chase Bank of TexasWOODFOREST NATIONAL BANK, at Woodforest National AssociationBank-Loan Operations, a national banking associationX.X. Xxx 0000, 000 Xxxx XxxxxxXxx Xxxxxxxxx, Xxxxxxx, Xxxxxx Xxxxxx. Texas 77002XX 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Dollars ($______ $ ) (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 Loan Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Loan “Credit Agreement"”) dated as of February _____December 1, 1999 2016 among Maker, certain signatory banks named therein (including the Payee) and Chase Bank of Texas, 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 (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 term defined in the Loan 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 Loan Credit Agreement.