Common use of CONTINUING VALIDITY Clause in Contracts

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC

Appears in 3 contracts

Samples: Change in Terms Agreement (Southern Iowa Bioenergy LLC), Change in Terms Agreement (Southern Iowa Bioenergy LLC), Change in Terms Agreement (Southern Iowa Bioenergy LLC)

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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly changed by modified pursuant to this Loan Modification Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Existing Loan Documents remain unchanged and in full force and effect. Consent by Xxxxxx Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor in no way shall obligate Lender Bank to make any future change in termsmodifications to the Indebtedness. Nothing in this Loan Modification Agreement will constitutes shall constitute a satisfaction of the obligation(s)Indebtedness. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation partiesExisting Loan Documents, unless a the party is expressly released by Xxxxxx Bank in writing. Any maker or No maker, endorser, including accommodation makers, or guarantor will not be released by virtue of this Loan Modification Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions The terms of this Agreement or otherwise will not be released by it. This waiver applies paragraph apply not only to any initial extension, modification or releasethis Loan Modification Agreement, but also to all such subsequent actionsloan modification agreements. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTSIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: SOUTHERN IOWA BIOENERGY LLC BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ Xxxxxxx XXXXX X. Xxxxxx XXXXXXX By: /s/ Xxxx XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Xxxxxxx X. XxxxxxName: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx2000, Treasurer of Southern Iowa BioEnergy LLCby and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX , BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC RAINMAKER SYSTEMS INC. By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXxxxx Xxxxxxxxxx Authorized Signer for RAINMAKER SYSTEMS INC.

Appears in 2 contracts

Samples: Business Loan Agreement, Business Loan Agreement (Rainmaker Systems Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is Is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. BUSINESS LOAN AGREEMENT (ASSET BASED). This Note is the Note referred to in the Business Loan Agreement (ASSET BASED) dated August 15, 2003, between the Borrower and Bank, as at any time amended (the "Business Loan Agreement (ASSET BASED)"). Notwithstanding the paragraph entitled "DEFAULT" above and in addition thereto, upon the occurrence of an event of default as defined In the Business Loan Agreement (ASSET BASED), all sums of principal and interest the remaining unpaid shall become due and payable, as provided in the Business Loan Agreement. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ByI/OMAGIC CORPORATION BY: /s/ Xxxxxxx X. Xxxxxx ByTXXX XXXXXXX BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxSXXXX XXXXXXXX ---------------------------------- ----------------------------- TXXX XXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxPRESIDENT OF I/OMAGIC SXXXX XXXXXXXX, Treasurer of Southern Iowa BioEnergy LLCCHIEF CORPORATION FINANCIAL OFFICER OF I/OMAGIC CORPORATION LENDER: UNITED NATIONAL BANK X /s/ AXXXXXX XX -------------------- AUTHORIZED SIGNER

Appears in 2 contracts

Samples: I/Omagic Corp, I/Omagic Corp

CONTINUING VALIDITY. This Agreement is in renewal, extension and/or modification, but not in extinguishment or novation, of the indebtedness evidenced by the Loans and Loan Agreement. Except as expressly changed by modified in this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Loan Documents shall remain unchanged and in full force and effecteffect until the indebtedness evidenced by the Loans and Loan Agreement has been paid in full. In the event of any conflict between the terms of this Agreement and the terms of the Loan Documents, the terms of this Agreement shall control and the Loan Documents shall be construed accordingly. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to require strict performance of the obligation(s) Loan Documents as changed, nor modified in this Agreement or obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes shall constitute a satisfaction or extinguishment of the obligation(s)Loan Agreement or the Loan Documents secured by the Liens. It is the intention of Lender to retain as liable all parties for the indebtedness evidenced by the Loan Agreement, and all makers parties, makers, endorsers and endorsers guarantors of the original obligation(s)Loan Agreement, including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker maker, endorser or endorserguarantor, including accommodation makers, will shall not be released by virtue of this Agreement. If any person who signed the original obligation Loan Agreement and the Loan Documents does not sign this Agreement belowAgreement, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party person consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification extension or releasemodification, but also to all such subsequent actionsextensions and modifications. PRIOR TO SIGNING THIS AGREEMENTForbearance Agreement American Locker Group, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCet al.

Appears in 2 contracts

Samples: Forbearance Agreement, Forbearance Agreement (American Locker Group Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It II is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionallyconditionality, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. Successors and Assigns Subject to any limitations stated in this Agreement on transfer of Borrower's interest, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Collateral becomes vested in a person other than Borrower, Lender, without notice to Borrower, may deal with Borrower's successors with reference to this Agreement end the Indebtedness by way of forbearance or extension without releasing Borrower from the obligations of this Agreement or liability under the indebtedness. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES.Please notify us if we report any inaccurate Information about your account(s) to a consumer-reporting agency. Your written notice describing the specific inaccuracy (ies) should be sent to us at the following address: Butte Community Bank, CHICO Office, 0000 XXXXXX XXX, Xxxxx, XX 00000 Miscellaneous ProvisionsLender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to The extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTCIT SIGNERS: FAFCO. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCINC.

Appears in 2 contracts

Samples: Change in Terms Agreement, Change in Terms Agreement (Fafco Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. CHANGE IN TERMS AGREEMENT THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx ALLIN CONSULTING OF PENNSYLVANIA, INC. By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxxxx (Seal) Xxxx X. Xxxxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, VP/Finance Sec/Treasurer of Southern Iowa BioEnergy LLCAllin Consulting of Pennsylvania, Inc. ALLIN CORPORATION By: /s/ Xxxx X. Xxxxxxxx (Seal) Xxxx X. Xxxxxxxx, VP/Finance Sec/Treasurer of Allin Corporation ALLIN CORPORATION OF CALIFORNIA By: /s/ Xxxx X. Xxxxxxxx (Seal) Xxxx X. Xxxxxxxx, VP/Finance Sec/Treasurer of Allin Corporation of California ALLIN HOLDINGS CORPORATION By: /s/ Xxxx X. Xxxxxxxx (Seal) Xxxx X. Xxxxxxxx, VP/Finance Sec/Treasurer of Allin Holdings Corporation ALLIN INTERACTIVE CORPORATION By: /s/ Xxxx X. Xxxxxxxx (Seal) Xxxx X. Xxxxxxxx, VP/Finance Sec/Treasurer of Allin Interactive Corporation ALLIN NETWORK PRODUCTS, INC. By: /s/ Xxxx X. Xxxxxxxx (Seal) Xxxx X. Xxxxxxxx, VP/Finance Sec/Treasurer of Allin Network Products, Inc. CODELAB TECHNOLOGY GROUP, INC. By: /s/ Xxxx X. Xxxxxxxx (Seal) Xxxx X. Xxxxxxxx, VP/Finance Sec/Treasurer of Codelab Technology Group, Inc. LASER PRO Lending, Ver. 5.40.00.003 Copr. Xxxxxxx Financial Solutions, Inc. 1997, 2008. All

Appears in 2 contracts

Samples: Change in Terms Agreement (Allin Corp), Change in Terms Agreement (Allin Corp)

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly changed by modified pursuant to this Loan Modification Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Existing Loan Documents remain unchanged and in full force and effect. Consent by Xxxxxx Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor in no way shall obligate Lender Bank to make any future change in termsmodifications to the Indebtedness. Nothing in this Loan Modification Agreement will constitutes shall constitute a satisfaction of the obligation(s)Indebtedness. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation partiesExisting Loan Documents, unless a the party is expressly released by Xxxxxx Bank in writing. Any maker or Unless expressly released herein, no maker, endorser, including accommodation makers, or guarantor will not be released by virtue of this Loan Modification Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions The terms of this Agreement or otherwise will not be released by it. This waiver applies paragraph apply not only to any initial extension, modification or releasethis Loan Modification Agreement, but also to all such subsequent actionsloan modification agreements. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTThis Loan Modification Agreement is executed as of the date first written above. BORROWER: SOUTHERN IOWA BIOENERGY LLC BANK: CROSSWORLDS SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Xxxxxxx X. Xxxxxx XXXXX XXXXX By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXXXXXXXXXXX XXXXXX ------------------------- ------------------------- Name: Xxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxxx ----------------------- ----------------------- Title: CFO Title: SVP ---------------------- ----------------------

Appears in 2 contracts

Samples: Loan Modification Agreement (Crossworlds Software Inc), Loan Modification Agreement (Crossworlds Software Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons person signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSIGNERS: SOUTHERN IOWA BIOENERGY LLC By: /s/ AT&S Holdings, Inc. By:___//s//________________________________ By:______//s//_________________________________ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxx, XX, Chief Financial Officer of Xxxxxxx X. XxxxxxXxxxx, President Chairman of Southern Iowa BioEnergy LLC Xxxx XxxxxxxAT&S Holdings, Treasurer Inc. AT&S Holdings, Inc. AMERICAN TRAILER & STORAGE, INC. By:______//s//_________________________________ By:__________//s//__________________________________ Xxxxxxx X. Xxxxx, XX, Chief Financial Officer of Southern Iowa BioEnergy LLCXxxxxxx X. Xxxxx, Chairman of American Trailer & American Trailer & Storage, Inc. Storage, Inc. BANK OF THE WEST X_//s//________________________________________________

Appears in 2 contracts

Samples: Change in Terms Agreement (At&s Holdings Inc), Change in Terms Agreement (At&s Holdings Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) ), as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). ) It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), ) including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial Initial extension, modification or release, but also to all such subsequent actions. FRAUDS DISCLOSURE. UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY US (LENDER) CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC QBF, INC. By: /s/ Xxxxxxx /s/Xxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXx XXXXXX X XX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxQBF, Treasurer INC. BUSINESS LOAN AGREEMENT Principal Loan Date Maturity Loan No. Call/Coll Account Officer Initials $650,000.00 11-09-2007 09-12-2008 6001 0068476735 MDM /s/MDM References in the shaded area are for Lender's use only and do not limit the applicability of Southern Iowa BioEnergy LLCthis document to any particular loan or item. Any Item above containing "***" has been omitted due to text length limitations. Borrower: QBF, ING. Lender: Sterling Savings Bank 00000 XX XXXXXX RD Peterkort Commercial Banking Center TUALATIN, OR 97062 0000 XX Xxxxxx Rd Ste 105 Portland, OR 97225 THIS BUSINESS LOAN AGREEMENT dated November 9, 2007. Is made and executed between QBF, INC. ("Borrower") and Sterling Savings Bank ("Lender") on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, Including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). Xxxxxxxx understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth In this Agreement: (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Xxxxxx's sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS PROVISIIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC PREMIER FINANCIAL BANCORP, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxxxx ByWalker______________________________ XXXXXX X. XXXXXX, President & CEO of PREMIER FINANCIAL BANCORP, INC. LENDER: FIRST GUARANTY BANK X /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx EJD – Xxxxx, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxX., Treasurer of Southern Iowa BioEnergy LLCChief Financial Officer

Appears in 1 contract

Samples: Terms Agreement (Premier Financial Bancorp Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxGLOBAL ELECTION SYSTEMS, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCINC.

Appears in 1 contract

Samples: Change in Terms Agreement (Global Election Systems Inc)

CONTINUING VALIDITY. Seller understands and agrees that in modifying the existing Indebtedness, Buyer is relying upon Seller’s representations, warranties, and agreements, as set forth in the Existing Documents. Except as expressly changed by modified pursuant to this Accounts Receivable Purchase Modification Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Existing Documents remain unchanged and in full force and effect. Consent by Xxxxxx Buyer’s agreement to modifications to the existing Indebtedness pursuant to this Accounts Receivable Purchase Modification Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor in no way shall obligate Lender Buyer to make any future change in termsmodifications to the Indebtedness. Nothing in this Accounts Receivable Purchase Modification Agreement will constitutes shall constitute a satisfaction of the obligation(s)Indebtedness. It is the intention of Lender Buyer and Seller to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation partiesExisting Documents, unless a the party is expressly released by Xxxxxx Buyer in writing. Any maker or No maker, endorser, including accommodation makers, or guarantor will not be released by virtue of this Accounts Receivable Purchase Modification Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions The terms of this Agreement or otherwise will not be released by it. This waiver applies paragraph apply not only to any initial extension, modification or releasethis Accounts Receivable Purchase Modification Agreement, but also to all such any subsequent actionsAccounts Receivable Purchase modification agreements. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENTThis Accounts Receivable Purchase Modification Agreement is executed as of the date first written above. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSELLER: SOUTHERN IOWA BIOENERGY LLC BUYER: EGAIN COMMUNICATIONS CORPORATION SILICON VALLEY BANK By: /s/ Xxxxxxx X. Xxxxxx ________________________________ By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC_______________________________ Name: ______________________________ Name: _____________________________ Title: _______________________________ Title: ______________________________

Appears in 1 contract

Samples: Accounts Receivable Purchase Modification Agreement (Egain Communications Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC MENDOCINO BREWING COMPANY, INC. By: /s/ H. Xxxxxxx X. Xxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxxx X. XxxxxxXxxxxx ----------------------------- -------------------------------- H. XXXXXXX XXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxXXXXXX X. XXXXXX, Treasurer of Southern Iowa BioEnergy LLCPRESIDENT CHIEF FINANCIAL OFFICER

Appears in 1 contract

Samples: Change in Terms Agreement (Mendocino Brewing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY XXXXXXX TECHNOLOGIES, LLC XXXXXXX TECHNOLOGIES CORP., Manager of XXXXXXX TECHNOLOGIES, LLC By: /s/ Xxxxxxx Xxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxxxxxx XXXXX X. XxxxxxXXXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxXXXXXXX TECHNOLOGIES CORP. LENDER: NEBRASKA STATE BANK OF OMAHA X /s/ Xxxxx Xxxxxx XXXXX XXXXXX, Treasurer of Southern Iowa BioEnergy LLCSenior Vice President

Appears in 1 contract

Samples: Change in Terms Agreement (Gabriel Technologies Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ MICRONETICS, INC. By:/s/Xxxxx Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx------------------------------ Xxxxx Xxxxxxx, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxMicronetics, Treasurer of Southern Iowa BioEnergy LLCInc.

Appears in 1 contract

Samples: Change in Terms Agreement (Micronetics Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. CONTINUED ON NEXT PAGE CHANGE IN TERMS AGREEMENT (Continued) Loan No: 0054468275 PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTCIT SIGNERS: BIOLASE TECHNOLOGY, INC. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx XXXXXXX X. Xxxxxx XXXXX By: /s/ Xxxx XXXXX X. XXXX Xxxxxxx Xxxxxxx X. Xxxxx, President of BIOLASE TECHNOLOGY, INC. Xxxxx X. Xxxx, Chief Financial Officer of BIOLASE TECHNOLOGY, INC. BANK OF THE WEST By: /s/ XXXXX X. XXXXXX Xxxxx X. Xxxxxx, Vice President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCBANK OF THE WEST

Appears in 1 contract

Samples: Change in Terms Agreement (Biolase Technology Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC APPLIED OPTOELECTRONICS, INC. By: /s/ Xxxxxxx X. Xxxx-Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx(Xxxxxxxx) Xxx Xxxx-Xxxxxx (Xxxxxxxx) Xxx, President CEO of Southern Iowa BioEnergy LLC Xxxx XxxxxxxApplied Optoelectronics, Treasurer of Southern Iowa BioEnergy LLCInc.

Appears in 1 contract

Samples: Change in Terms Agreement (Applied Optoelectronics, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern BioEnergy LLC Iowa BioEnergy LLC

Appears in 1 contract

Samples: Change in Terms Agreement (Southern Iowa Bioenergy LLC)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ERBA DIAGNOSTICS, INC. By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx Xxxxx Xxxxx Xxxxx, President Chief Executive Officer of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCErba

Appears in 1 contract

Samples: Change in Terms Agreement (ERBA Diagnostics, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements agreement evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of the Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ZENITH NATIONAL INSURANCE CORP., A DELAWARE CORPORATION By: /s/ Xxxxxxx XXXXXXX X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx XXX XXXXXXX X. XxxxxxXXX, President BOARD CHAIRMAN/PRESIDENT of Southern Iowa BioEnergy LLC Xxxx XxxxxxxZENITH NATIONAL INSURANCE CORP., Treasurer of Southern Iowa BioEnergy LLCA DELAWARE CORPORATION QuickLinks

Appears in 1 contract

Samples: Zenith National Insurance Corp

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO , INCLUDING THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTVARIABLE INTEREST RATE PROVISIONS. BORROWER: SOUTHERN IOWA BIOENERGY LLC PREMIER FINANCIAL BANCORP, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxxxx ByXXXXXX X. XXXXXX, President & CEO of PREMIER FINANCIAL BANCORP, INC. LENDER: FIRST GUARANTY BANK X /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx EJD – Xxxxx, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxX., Treasurer of Southern Iowa BioEnergy LLCChief Financial Officer

Appears in 1 contract

Samples: Terms Agreement (Premier Financial Bancorp Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If It any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC LENDER: TOWER TECH SYSTEMS INC GREAT WESTERN BANK By: /s/ Xxxxxxx X. X Xxxxxx By: /s/ Xxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxxxx X. X Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxGroup Controller Xxxxxx Xxxxxx, Treasurer of Southern Iowa BioEnergy LLCSVP TOWER TECH SYSTEMS INC

Appears in 1 contract

Samples: Change in Terms Agreement (Broadwind Energy, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lencler's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement Agreemprit below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification Modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. (Continued) BORROWER: SOUTHERN IOWA BIOENERGY LLC By: ADVANCED REMOTE COMMUNICATIONS SOLUTIONS, INC. A CALIFORNIA CORPORATION FKA BOATRACS, INC., A CALIFORNIA CORPORATION By:/S/ XXXXXXX XXXXXXXXX XxxxxxX Xxxxxxxxx, Chairman of the Board/CEO of Advanced Remote Communication Solutions, Inc. a California corporation fka Boatracs, Inc., a California corporation ENERDYNE TECHNOLOGIES INC., A CALIFORNIA CORPORATION By:/s/ Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx, Chairman of the Board/CEO of Enerdyne Technologies, Inc., a California corporation Xxx Xxxxxxx /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC

Appears in 1 contract

Samples: Change in Terms Agreement (Advanced Remote Communication Solutions)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). , It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT(Continued) FINANCIAL STATEMENT CERTIFICATIONS. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxThe undersigned hereby certifies to California Bank & Trust (“Bank’) that all financial information (“Information”) submitted to Bank now and at all times during the terms of this loan does, President and will, fairly and accurately represent the financial condition of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxthe undersigned, Treasurer all Borrowers and Guarantors. Financial Information includes, but is not limited to all Business Financial Statements (including Interim and Year-End financial statements that are company prepared and/or CPA-prepared), Business Income Tax Returns, Borrowing Base Certificates, Accounts Receivable and Accounts Payable Agings, Personal Financial Statements and Personal Income Tax Returns. The undersigned understands that the Bank will rely on all financial information, whenever provided, and that such information is a material inducement to Bank to make, to continue to make, or otherwise extend credit accommodations to the undersigned. The undersigned covenants and agrees to notify Bank of Southern Iowa BioEnergy LLCany adverse material changes in her/his/its financial condition in the future. The undersigned further understands and acknowledges that there are criminal penalties for giving false financial information to federally insured financial institutions.

Appears in 1 contract

Samples: Business Loan Agreement (AeroVironment Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC BIOSOURCE TECHNOLOGIES, INC. By: /s/ Xxxxxxx Robexx X. Xxxxxx Xxxxx By: /s/ Xxxx Michxxx X. Xxxxxxx Xxxxxxx --------------------------------- ---------------------------------- ROBEXX X. XxxxxxXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxXXESIDENT MICHXXX X. XXXXXXX, Treasurer of Southern Iowa BioEnergy LLCXXEASURER ================================================================================

Appears in 1 contract

Samples: Business Loan Agreement (Large Scale Biology Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreementmodified above, the terms of the original obligation or obligationsBusiness Loan Agreement, including all agreements evidenced or securing the obligation(s)Deed of Trust, and any Related Documents shall remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement Modification does not waive Xxxxxx’s Lender's right to require strict performance of any and all of the obligation(s) as changed, Loan Documents nor obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(s)promissory notes or other Loan Agreement. It is the intention of Lender to retain as liable all parties to the Deed of Trust, and all makers and endorsers of the original obligation(s), including accommodation parties, unless a party expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will shall not be released by virtue of this AgreementModification. If any person who signed the original obligation Agreement, and any Related Documents does not sign this Agreement belowModification, then all persons signing below acknowledge that this Agreement Modification is given conditionally, based on the representation to Lender that the nonNon-signing party person consents to the changes and provisions of this Agreement Modification or otherwise will not be released by it. This waiver applies not only to any initial extension, extension or modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTMODIFICATION, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ANY AND ALL OTHER DOCUMENTS RELATING RELATED DOCUMENTS. AGREED TO THIS DEBT. AND ACCEPTED: BORROWER: SOUTHERN IOWA BIOENERGY LLC AMPHASTAR PHARMACEUTICALS, INC. By: /s/ Xxxxxxx X. Xxxxxx XXXX XXXXX XXXX XXXXX, President CATHAY BANK, a California Banking Corporation By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXXX XXX Xxxxx Xxx, Senior Vice President & Manager EXHIBIT "A": CREDIT FACILITY This Exhibit is dated APRIL 26, 2002 and is attached hereto and made a part of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxthat certain Business Loan Agreement ("Agreement") between AMPHASTAR PHARMACEUTICALS, Treasurer of Southern Iowa BioEnergy LLCINC. ("Borrower") and CATHAY BANK ("Lender"). This Exhibit supersedes all prior exhibit "A" between Lender and Borrower.

Appears in 1 contract

Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. , Any maker or endorser, including accommodation makersmakes, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC SCANNER TECHNOLOGIES CORPORATION By: /s/ Xxxxxxx Xxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxx Xxxxx X. XxxxxxXxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCSCANNER TECHNOLOGIES CORPORATION

Appears in 1 contract

Samples: Change in Terms Agreement (Scanner Technologies Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTCIT SIGNERS: ANGIODYNAMICS, INC. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx XXXXXX X. XXXXXXX & 00-Xxx-00 Xxxxxx ByX. Xxxxxxx, Vice President of ANGIODYNAMICS, INC. DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity Loan No Call /Coll Account Officer Initials $3,000,000.00 11-22-2004 11-30-2005 41001 403/326 E9012882439 BXCOB References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower: /s/ Xxxx Xxxxxxx Xxxxxxx ANGIODYNAMICS, INC. Lender: KeyBank National Association 000 Xxxxxxxxxx Xxxxxx XX-XX-Xxxxxx Xxxxxxxxxx, XX 00000 00 X. Xxxxx Xxxxxx Xxxxxx, President XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Southern Iowa BioEnergy LLC Xxxx XxxxxxxCredit Loan to a Corporation for $3,000,000.00 due on November 30, Treasurer 2005. The reference rate (Prime Rate announced by Lender, currently 5.000%) is added to the margin of Southern Iowa BioEnergy LLC0.500%, resulting in an initial rate of 5.500. This is a secured renewal loan. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ¨ Personal, Family, or Household Purposes or Personal Investment. x Business (including Real Estate Investment).

Appears in 1 contract

Samples: Change in Terms Agreement (Angiodynamics Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict absolute performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC Mendocino Brewing Company, Inc. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxx Xxxxxx --------------------------- ------------------------------ Xxxxxxx Xxxxxxx X. Xxxxxxxx, Xxxxxx Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCChief Executive Officer Chief Financial Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Mendocino Brewing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s xxxxx Lender's right to strict performance of performanxx xx the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes Will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorserendxxxxx, including accommodation makers, will Will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS THX XXXXXXIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX OX XXX AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC MENDOCINO BREWING COMPANY, INC. By: /s/ Xxxxxxx X. Xxxxxx H. Michael Laybourn ------------------------ H. Michael Laybourn, President By: /s/ Xxxx Xxxxxxx Xxxxxxx /x/ Xxxxxx X. XxxxxxFranks -------------------- Xxxxxx X. Franks, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCChief Financial Oxxxxxx

Appears in 1 contract

Samples: Change in Terms Agreement (Mendocino Brewing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(sobligations(s), remain unchanged and in In full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict absolute performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is Is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC Mendocino Brewing Company, Inc. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxx Xxxxxx ----------------------- ----------------------- Xxxxxxx Xxxxxxx X. Xxxxxxxx. Xxxxxx Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCChief Executive Officer Chief Financial Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Mendocino Brewing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes a satisfaction retain as liable parties all makers and endorsers of the original obligation(s). It is the intention of the Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to the Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. CHANGE IN TERMS OF AGREEMENT (Continued) Loan no: 823002500 PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERTERM SIGNERS: SOUTHERN IOWA BIOENERGY LLC INNSUITES HOSPITALITY TRUST By: /s/ Xxxxxxx Xxxxx X. Xxxxxx Xxxxx XXXXX X. XXXXX, President of INNSUITES HOSPITALITY TRUST YUMA HOSPITALITY PROPERTIES LIMITED PARTNERSHIP INNSUITES HOSPITALITY TRUST, General Partner of YUMA HOSPITALITY PROPERTIES LIMITED PARTNERSHIP By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxx X. XxxxxxXxxxx XXXXX X. XXXXX, President of Southern Iowa BioEnergy LLC Xxxx INNSUITES HOSPITALITY TRUST RRF LIMITED PARTNERSHIP INNSUITES HOSPITALITY TRUST, General Partner of RRF LIMITED PARTNERSHIP By:/s/ Xxxxx X. Xxxxx XXXXX X. XXXXX, President of INNSUITES HOSPITALITY TRUST X /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX, GUARANTOR DISBURSEMENT REQUEST AND AUTHORIZATION Principal $500,000.00 Loan Date 11-23-2010 Maturity 06-23-12 Loan No 000000000 Call/Coll Account Officer MH Initials References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations Borrower: INNSUITES HOSPITALITY TRUST, YUMA Lender: RepublicBankAZ, NA HOSPITALITY PROPERTIES LIMITED 000 X. Xxxxxxxx Xxxxxx PARTNERSHIP and RRF LIMITED PARTNERSHIP Xxxxxxx, Treasurer XX 00000 0000 X. XXXXXXXX XXXXXX, XXX #000 XXXXXXX, XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Southern Iowa BioEnergy LLCCredit to two Partnerships and a Corporation for $500,000.00 due on June 23, 2012. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: o Personal, Family, or Household Purposes or Personal Investment. x Business (Including Real Estate Development).

Appears in 1 contract

Samples: Change in Terms Agreement (Innsuites Hospitality Trust)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers endorser of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxGLOBAL ELECTION SYSTEMS, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCINC.

Appears in 1 contract

Samples: Change in Terms Agreement (Global Election Systems Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC RAINMAKER SYSTEMS, INC. By: /s/ Xxxxx Xxxxxxxxxx Authorized Signer for RAINMAKER SYSTEMS, INC. Date: 7/6/06 DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $4,000,000.00 06-23-2006 10-10-2007 258901 0000002589-01 310 M K References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “* * *” has been omitted due to text length limitations. Borrower: RAINMAKER SYSTEMS, INC. 000 X. XXXXXXXX AVENUE STE 400 CAMPBELL, CA 95008 Lender: BRIDGE BANK, National Association 00 Xxxxxxx X. Xxxxxx ByXxxxxxxxx Xxxxx 000 Xxx Xxxx, XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Credit Loan to a Corporation for $4,000,000.00 due on October 10, 2007. The reference rate (Prime Rate as published in the Wall Street Journal, currently 8.000%), resulting in an initial rate of 8.000. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx¨ Personal, President Family, or Household Purposes or Personal Invastment. x Business (Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCthis loan is: WORKING CAPITAL.

Appears in 1 contract

Samples: Change in Terms Agreement (Rainmaker Systems Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx AMERICAN CHURCH MORTGAGE COMPANY By:____/s/ Xxxxxx X. Myers______________________ Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxX Xxxxx, President of Southern Iowa BioEnergy LLC American Church Mortgage Company LENDER: ALERUS FINANCIAL, N.A. X ____/s/ Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCX. Friesen_____________________

Appears in 1 contract

Samples: Change in Terms Agreement (American Church Mortgage Co)

CONTINUING VALIDITY. Borrower understands and agrees that in executing and delivering this Modification, PFG is relying upon Borrower's representations, warranties and agreements as set forth in this Modification and the Loan Documents. Except as expressly changed by modified pursuant to this AgreementModification, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Loan Documents remain unchanged and in full force and effect. Consent by Xxxxxx PFG's execution and delivery of this Modification in no way shall obligate PFG to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to give any future consents or waivers or make any future change in termsmodifications to the Loan Documents as modified hereby. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(s)Obligations or a waiver of any Default or Event of Default under the Loan Documents, except as set forth in Section 5. It is the intention of Lender PFG and Borrower to retain as liable parties all makers makers, endorsers and endorsers of guarantors, if any, the original obligation(s), including accommodation parties, unless a party Loan Documents. Unless expressly released by Xxxxxx in writing. Any maker or herein, no maker, endorser, including accommodation makers, or guarantor will not be released by virtue of this AgreementModification. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions The terms of this Agreement or otherwise will not be released by it. This waiver applies paragraph apply not only to any initial extension, modification or releasethis Modification, but also to all such subsequent actionsloan modifications. PRIOR TO SIGNING THIS AGREEMENT5. ACKNOWLEDGMENT OF SPECIFIED DEFAULTS; CONDITIONAL WAIVER. Borrower acknowledges that it is currently in default under the Loan Agreement due to the Specified Defaults. If no Default or Event of Default has occurred and is continuing under the Loan Agreement, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxxother than the Specified Defaults, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxand Borrower timely satisfies the conditions set forth in Section 7 hereof, Treasurer of Southern Iowa BioEnergy LLCthen PFG shall be deemed to

Appears in 1 contract

Samples: Loan and Security Agreement (Cancer Genetics, Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is Is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. BUSINESS LOAN AGREEMENT (ASSET BASED). This Note is the Note referred to in the Business Loan Agreement (ASSET BASED) dated August 15, 2003, between the Borrower and Bank, as at any time amended (the "Business Loan Agreement (ASSET BASED)"). Notwithstanding the paragraph entitled "DEFAULT" above and in addition thereto, upon the occurrence of an event of default as defined In the Business Loan Agreement (ASSET BASED), all sums of principal and interest the remaining unpaid shall become due and payable, as provided in the Business Loan Agreement. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ByI/OMAGIC CORPORATION BY: /s/ Xxxxxxx X. Xxxxxx ByTXXX XXXXXXX BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxSXXXX XXXXXXXX 01/28/05 ---------------------------------- ----------------------------- TXXX XXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxPRESIDENT OF I/OMAGIC SXXXX XXXXXXXX, Treasurer of Southern Iowa BioEnergy LLCCHIEF CORPORATION FINANCIAL OFFICER OF I/OMAGIC CORPORATION LENDER: UNITED NATIONAL BANK X /s/ AXXXXXX XX -------------------- AUTHORIZED SIGNER

Appears in 1 contract

Samples: I/Omagic Corp

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance perfxxxxxxe of the obligation(s) as changed, nor obligate xxx xbligate the Lender to make any future change changes in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of the Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTPrior to signing this Agreement, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENTborrower read and understood all the provisions of this Agreement, including the Variable Interest Rate provisions. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENTBorrower agrees to the terms of the Agreement. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERBorrower: SOUTHERN IOWA BIOENERGY LLC Hytek Microsystems, Inc. By: /s/ Xxxxxxx X. Xxxxxx Charles S. Byrne By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxSally Chapman President ox Xxxxx Xxxxxxxxtems, President Inc. Secretary/Txxxxxxxx xx Xytek Microsystems, Inc. Lender: Bank of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCthe West /s/ Frank Young Authorized Signer

Appears in 1 contract

Samples: Change in Terms Agreement (Hytek Microsystems Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. ​ ​ Ex 10.280 ​ ​ PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENTTHE AGREEMENT ​ ​ ​ Ex. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS 10.280 ​ ​ CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSIGNERS: SOUTHERN IOWA BIOENERGY LLC ​ LODGING FUND REIT III OP, LP ​ LODGING FUND REIT III, INC., General Partner of Lodging Fund REIT III OP, LP ​ By: /s/ Xxxxxxx Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc. ​ X /s/ Xxxxx X. Maple Xxxxx X. Maple ​ LODGING FUND REIT III, INC., ​ By: /s/ Xxxx Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc ​ LF3 FARGO MED, LLC ​ LODGING FUND REIT III OP, LP, Member of LF3 Fargo Med, LLC ​ Lodging Fund REIT III, Inc., General Partner of Lodging Fund REIT III OP, LP ​ By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc LF3 XXXXX, LLC ​ LODGING FUND REIT III OP, LP, Member of LF3 Xxxxx, LLC ​ Lodging Fund REIT III, Inc., General Partner of Lodging Fund REIT III OP, LP ​ By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc. ​ ​ LF3 CEDAR RAPIDS, LLC ​ LODGING FUND REIT III OP, LP, Member of LF3 Cedar Rapids, LLC ​ Lodging Fund REIT III, Inc., General Partner of Lodging Fund REIT III OP, LP ​ By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc ​ ​ Ex. 10.280 ​ ​ ​ LENDER: ​ ​ WESTERN STATE BANK ​ ​ X /s/ Xxxxxxx Xxxxx- Xxxxxxx X. XxxxxxXxxxx, Market President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx​ ​ l■aerPrv, Treasurer of Southern Iowa BioEnergy LLCVer 23 1,10 010 Copr Fln1t1111 USA Corporation 1997, 2023 AH Rlgli.1 RINrYld, • ND C;\I.ASERPRO'CFI\LPL\D20C,FC TR-4841 PR-8

Appears in 1 contract

Samples: Change in Terms Agreement (Lodging Fund REIT III, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms ,of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in In full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It it is the intention of Lender to retain as liable parties all makers and or endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If if any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial Initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWERS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWERS AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxx ---------------------------------------------- Xxxx X. Xxxx, President President/Secreatury of Southern Iowa BioEnergy LLC Amexdrug Corporation AMEXORUG CORPORATION DERMAGEN, INC. By: /s/ Xxxx XxxxxxxX. Xxxx ---------------------------------------------- Xxxx X. Xxxx, Treasurer President/Secreatury of Southern Iowa BioEnergy LLCDermagen, Inc. BIORX PHARAMACEUTICALS, INC. By: /s/ Xxxx X. Xxxx ---------------------------------------------- Xxxx X. Xxxx, President/Secreatury of Biorx Pharamaceuticals, Inc. ROYAL HEALTH CARE, INC. By: /s/ Xxxx X. Xxxx ---------------------------------------------- Xxxx X. Xxxx, President/Secreatury of Royal Health Care, Inc. ALLIED MED INC. By: /s/ Xxxx X. Xxxx ---------------------------------------------- Xxxx X. Xxxx, President/Secreatury of Allied Med Inc. -------------------------------------------------------------------------------- PRIOR TO SIGNING THIS AGREEMENT, GUARANTORS READ AND UNDERSTOOD ALL PROVISIONS OF THIS AGREEMENT. GUARANTORS AGREES TO THE TERMS OF THE AGREEMENT. GUARANTOR: By: /s/ Xxxx X. Xxxx ---------------------------------------------- Xxxx X. Xxxx, Individually By: /s/ Xxxx X. Xxxx ---------------------------------------------- Xxxx X. Xxxx

Appears in 1 contract

Samples: Amexdrug Corp

CONTINUING VALIDITY. Except as expressly changed by this AgreementAgreement or that certain Amendment to Business Loan Agreement of even date herewith, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTBORROWER U.S. AUTO PARTS NETWORK, INC. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx ByMehran Nia Name: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCMehran Nia

Appears in 1 contract

Samples: Change in Terms Agreement (U.S. Auto Parts Network, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. , XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSIGNERS: SOUTHERN IOWA BIOENERGY HOSPITALITY INCOME & ASSET, LLC CATHEDRAL PEAKS CAPITAL LLC, Member of Hospitality Income & Asset, LLC By: /s/ Xxxxxxx Xxx X. Xxxxxx ByXxxx Xxx X. Xxxx, Manager of Cathedral Peaks Capital LLC LENDER: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC INTEGRITY BANK & TRUST X Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCCommercial Loan Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Fresh Vine Wine, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC AMPHASTAR PHARMACEUTICALS, INC. By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXX XXXXX XXXX XXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxAMPHASTAR PHARMACEUTICALS, Treasurer INC. MODIFICATION OF BUSINESS LOAN AGREEMENT This Modification of Southern Iowa BioEnergy LLCBusiness Loan Agreement is dated APRIL 26, 2002 between AMPHASTAR PHARMACEUTICALS, INC. ("Borrower") and CATHAY BANK, a California Banking Corporation ("LENDER"). Borrower and Lender entered into a Business Loan Agreement (Assed Based) ("Agreement") dated February 8, 2001. For good and valuable consideration, Borrower and Lender hereby modify the Agreement as follows:

Appears in 1 contract

Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreementmodified above, the terms of the original obligation or obligationsLoan Agreement, including all agreements evidenced or securing the obligation(s), Deed of Trust and any Related Documents shall remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s Lender's right to require strict performance of any and all of the obligation(s) as changed, Loan Documents nor obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(s)promissory notes or other Loan agreement secured by the Deed of Trust. It is the intention of Lender to retain as liable all parties to the Deed of Trust and all makers and endorsers of the original obligation(s), including accommodation parties, unless a party expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will shall not be released by virtue of this Agreementmodification. If any person who signed the original obligation Agreement, Deed of Trust, and any Related Documents does not sign this Agreement belowModification, then all persons signing below acknowledge that this Agreement Modification is given conditionally, based on the representation to Lender that the non-signing party person consents to the changes and provisions of this Agreement Modification or otherwise will not be released by it. This waiver applies not only to any initial extension, extension or modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTMODIFICATION, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ANY AND ALL OTHER DOCUMENTS RELATING RELATED DOCUMENTS. AGREED TO THIS DEBT. AND ACCEPTED: BORROWER: SOUTHERN IOWA BIOENERGY LLC AMPHASTAR PHARMACEUTICALS, INC. LENDER: CATHAY BANK By: /s/ Xxxxxxx X. Xxxxxx XXXX XXXXX XXXX XXXXX, President By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXXX XXX XXXXX XXX, Senior Vice President EXHIBIT "A": CREDIT FACILITY This Exhibit "A" dated April 6, 2004 is attached hereto and made a part of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxthat certain Business Loan Agreement ("Agreement") dated February 8, Treasurer of Southern Iowa BioEnergy LLC2001 between AMPHASTAR PHARMACEUTICALS, INC., ("Borrower") and CATHAY BANK ("Lender"). This Exhibit supersedes any and all exhibits between Borrower and Lender.

Appears in 1 contract

Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement Agr eement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES I AGREE TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSIGNERS: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx x /s/Xxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx XXXX X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXXXXXX

Appears in 1 contract

Samples: Change in Terms Agreement (Gorder Mark Stephen)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS Loan No: 400461335 CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT(Continued) Page 3 INTEGRATION. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxThe parties agree that (a) this Agreement, President the Construction Loan Agreement or Business Loan Agreement, as applicable, which governs the Note, together with all of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxthe Related Documents, Treasurer represents the final agreement between the parties, and therefore incorporates all negotiations of Southern Iowa BioEnergy LLCthe parties hereto (b) there are no unwritten oral agreements between the parties, and (c) this Agreement may not be contradicted by evidence of any prior, contemporaneous, or subsequent oral agreements or understandings of the parties.

Appears in 1 contract

Samples: Change in Terms Agreement (Rubios Restaurants Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lenders right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTSIGNERS: ADCO SURGICAL SUPPLY, INC. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxxxxx Xxxx Xxxxxxxxx, President of Southern Iowa BioEnergy LLC ADCO Surgical Supply, Inc. NYER MEDICAL GROUP, INC., GUARANTOR By: /s/ Xxxx XxxxxxxXxxxxxxxx Xxxx Xxxxxxxxx, Treasurer President of Southern Iowa BioEnergy LLCNyer Medical Group, Inc., Guarantor

Appears in 1 contract

Samples: Change in Terms Agreement (Nyer Medical Group Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(sobligations), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY HOMELAND ENERGY SOLUTIONS, LLC By: /s/ Sxxxxxx X. Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxBxxxxxx Xxxxxxxxx Sxxxx Xxxxxxx, President of Southern Iowa BioEnergy Homeland Energy Solutions, LLC Xxxx XxxxxxxBxxxxxx Xxxxxxxxx, Treasurer of Southern Iowa BioEnergy LLCHomeland Energy Solutions, LLC DISBURSEMENT REQUEST AND AUTHORIZATION Principal $3,517,572.00 Loan Date 04-23-2007 Maturity 03-23-2008 Loan No 3787 Call / Coll 2200 Account Officer 242 Initials References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower: Homeland Energy Solutions, LLC (TIN: 40-0000000) 100 X Xxxx, XX Xxx X Xxxxxxxxx, XX 00000 Lender: Home Federal Savings Bank Business Banking 1000 Xxxxx Xxxxxx Xx XX Xxxxx 000 Xxxxxxxxx, XX 00000 LOAN TYPE. This is a Fixed Rate (8.250%) Nondisclosable Loan to a Limited Liability Company for $3,517,572.00 due on March 23, 2008. This is a secured renewal loan. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: o Personal, Family, or Household Purposes or Personal Investment. þ Business (Including Real Estate Investment).

Appears in 1 contract

Samples: Change in Terms Agreement (Homeland Energy Solutions LLC)

CONTINUING VALIDITY. Except as expressly changed by this Agreementmodified above, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Mortgage shall remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement Modification does not waive Xxxxxx’s Lender's right to require strict performance of the obligation(s) Mortgage as changed, changed above nor obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(spromissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers of to the original obligation(s)Note, including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will shall not be released by virtue of this AgreementModification. If any person who signed the original obligation Mortgage does not sign this Agreement belowModification, then all persons signing below acknowledge that this Agreement Modification is given conditionally, based on the representation to Lender that the non-signing party person consents to the changes and provisions of this Agreement Modification or otherwise will not be released by it. This waiver applies not only to any initial extension, modification extension or releasemodification, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX 2 EACH GRANTOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX MODIFICATION OF MORTGAGE, AND EACH GRANTOR AGREES TO THE TERMS OF THIS AGREEMENTITS TERMS. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERGRANTOR: SOUTHERN IOWA BIOENERGY LLC ByAMERICAN STONE CORPORATION BY: /s/ Xxxxxxx X. Xxxxxx ByDAVIX XXXXXXX --------------------------------------- DAVIX XXXXXXX, XXESIDENT SIGNED, ACKNOWLEDGED AND DELIVERED IN THE PRESENCE OF: X /s/ LAWRXXXX XXXXX --------------------------------------- WITNESS X WITNESS LENDER: FIRSTMERIT BANK, N.A. BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCLAWRXXXX XXXXX --------------------------------------- AUTHORIZED OFFICER

Appears in 1 contract

Samples: American Stone Industries Inc

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx AMERICAN POWER GROUP, INC. By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx Xxxx Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxAmerican Power Group, Treasurer of Southern Iowa BioEnergy LLCInc. LENDER: IOWA STATE BANK X /s/ Xxxxx Xxxxxxx V.P.

Appears in 1 contract

Samples: Change in Terms Agreement (Greenman Technologies Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lenders right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx ADCO SURGICAL SUPPLY, INC. By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXxxxxxxxx

Appears in 1 contract

Samples: Change in Terms Agreement (Nyer Medical Group Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx ByXXXXXXXXXXXX RESOURCES, INC. BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxx XXXX XXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxVICE PRESIDENT FIRST INTERSTATE BANK BY: /s/ Xxxxx Xxxxxxxxx XXXXX XXXXXXXXX, Treasurer of Southern Iowa BioEnergy LLCVICE PRESIDENT

Appears in 1 contract

Samples: Change in Terms Agreement (Westmoreland Coal Co)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy BioEnergy LLC LLC

Appears in 1 contract

Samples: Change in Terms Agreement (Southern Iowa Bioenergy LLC)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If It any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ADVANCED REMOTE COMMUNICATION SOLUTIONS, INC. A CALIFORNIA CORPORATION FKA BOATRACS, INC., A CALIFORNIA CORPORATION By: /s/ Xxxxxxx X. Xxxxxx Mxxxxxx Xxxxxxxxx, Chairman of the Board/CEO of Advanced Remote Communication Solutions, Inc. a California corporation fka Boatracs, Inc. a California corporation By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Dxxx Xxxxxx, President CFO/Secretary of Southern Iowa BioEnergy LLC Xxxx XxxxxxxAdvanced Remote Communication Solutions, Treasurer Inc. a California Corporation fka Boatracs, Inc., a California Corporation ENERDYNE TECHNOLOGIES, INC., A CALIFORNIA CORPORATION By: /s/ Mxxxxxx Xxxxxxxxx, Chairman of Southern Iowa BioEnergy LLCthe Board/CEO of Enerdyne Technologies, Inc., a California corporation By: /s/ Dxxx Xxxxxx, CFO/Secretary of Enerdyne Technologies, Inc., a California corporation

Appears in 1 contract

Samples: Terms Agreement (Advanced Remote Communication Solutions)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ByXXXXXXXXXXXX RESOURCES, INC. BY: /s/ Xxxxxxx Xxxxxx X. Xxxxxx ByVICE PRESIDENT AND GENERAL COUNSEL FIRST INTERSTATE BANK BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXxxxx Xxxxxxxxx

Appears in 1 contract

Samples: Change in Terms Agreement (Westmoreland Coal Co)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(sobligations(s), remain unchanged and in In full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict absolute performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is Is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC Mendocino Brewing Company, Inc. By: /s/ Xxxxxxx X. Xxxxxx __________________________________ By: /s/ Xxxx ______________________________ Michael Laybourn, Chief Execuxxxx Xxxxxxx Xxxxxxx X. XxxxxxNorman Franks, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCChief Financiax Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Mendocino Brewing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC RAINMAKER SYSTEMS, INC. By: /s/ Xxxxx Xxxxxxxxxx Authorized Signer for RAINMAKER SYSTEMS, INC. Date: 7/6/06 DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $1,000,000.08 06-29-2006 06-14-2008 258905 0000002589-01 310 M K References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “* * *” has been omitted due to text length limitations. Borrower: RAINMAKER SYSTEMS, INC 000 X. XXXXXXXX AVENUE, SUITE 400 CAMPBELL, CA 95008 Lender: BRIDGE BANK, National Association 00 Xxxxxxx X. Xxxxxx ByXxxxxxxxx Xxxxx 000 Xxx Xxxx, XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Loan to a Corporation for $1,000,000.08 due on June 14, 2008. The reference rate (Prime Rate as published in the Wall Street Journal, currently 8.000%), resulting in an initial rate of 8.000. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx¨ Personal, President Family, or Household Purposes or Personal Investment. x Business (Including Real Estate Investment. SPECIFIC PURPOSE. The specific purpose of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCthis loan is: REDUCE INTEREST RATE.

Appears in 1 contract

Samples: Change in Terms Agreement (Rainmaker Systems Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC AMPHASTAR PHARMACEUTICALS, INC. By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXX XXXXX XXXX XXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxAMPHASTAR PHARMACEUTICALS, Treasurer INC. MODIFICATION OF LOAN AGREEMENT This Modification of Southern Iowa BioEnergy LLCBusiness Loan Agreement is dated APRIL 30, 2003 between AMPHASTAR PHARMACEUTICALS, INC. ("Borrower") and CATHAY BANK, a California Banking Corporation ("LENDER"). Borrower and Lender entered into a Business Loan Agreement ("Agreement") dated FEBRUARY 8, 2001. For good and valuable consideration, Borrower and Lender hereby agree to modify the Agreement as follows: The Exhibit "A": Credit facility attached to the Agreement is hereby replaced by the Exhibit "A": Credit Facility of even date herewith and is attached to and made a part of the Agreement.

Appears in 1 contract

Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreementmodified above, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Mortgage shall remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement Modification does not waive Xxxxxx’s Lender's right to require strict performance of the obligation(s) Mortgage as changed, changed above nor obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(spromissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers of to the original obligation(s)Note, including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will shall not be released by virtue of this AgreementModification. If any person who signed the original obligation Mortgage does not sign this Agreement belowModification, then all persons signing below acknowledge that this Agreement Modification is given conditionally, based on the representation to Lender that the non-signing party person consents to the changes and provisions of this Agreement Modification or otherwise will not be released by it. This waiver applies not only to any initial extension, modification extension or releasemodification, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH GRANTOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX MODIFICATION OF MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: AMERICAN STONE CORPORATION BY: /S/ DAVIX XXXXXXX -------------------------- DAVIX XXXXXXX, XXESIDENT SIGNED, ACKNOWLEDGED AND DELIVERED IN THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERPRESENCE OF: SOUTHERN IOWA BIOENERGY LLC ByX /S/ LAWRXXXX XXXXX -------------------------- WITNESS X -------------------------- WITNESS LENDER: /s/ Xxxxxxx X. Xxxxxx ByFIRSTMERIT BANK, N.A. BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC/S/ LAWRXXXX XXXXX -------------------------- AUTHORIZED OFFICER

Appears in 1 contract

Samples: American Stone Industries Inc

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: XXXXXXXXXXXX RESOURCES, INC. BY /s/ Xxxxxxx X. Xxxxxx ByXXXXXXX X. XXXXXX VICE PRESIDENT OF DEVELOPMENT AND TREASURER FIRST INTERSTATE BANK BY: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx Xxxxxxxxx XXXXX XXXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCVICE PRESIDENT

Appears in 1 contract

Samples: Change in Terms Agreement (Westmoreland Coal Co)

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CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effectaffect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not riot be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTMODIFIED AND RESTATED PROVISIONS. The provisions entitled 'Payment Default' and "Adverse Change* as stated in this Change in Terms Agreement are modified and restated as follows: Payment Default Borrower fails to make any payment when due under the Indebtedness within five (5) days of the original due date. Adverse Change. A material adverse change occurs in Borrower's financial condition, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxxor Lender reasonably believes the prospect of performance of the Indebtedness is impaired, President unless, in the event of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxan involuntary bankruptcy, Treasurer proceeding, attachment, garnishment or appointment of Southern Iowa BioEnergy LLCreceiver, such proceeding shall be dismissed or vacated within sixty (60) days.

Appears in 1 contract

Samples: Terms Agreement (Advanced Remote Communication Solutions)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. , Any maker or endorser, including accommodation makersmakes, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC SCANNER TECHNOLOGIES CORPORATION By: /s/ Xxxxxxx Xxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXxxxx

Appears in 1 contract

Samples: Change in Terms Agreement (Scanner Technologies Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES THE AGREEMENT AND ACKNOWLEGEDS RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC MENDOCINO BREWING COMPANY, INC. By: /s/ H. Xxxxxxx X. Xxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxxx X. XxxxxxXxxxxx ----------------------- ----------------------- H. XXXXXXX XXXXXXXX XXXXXX X. XXXXXX, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCPRESIDENT CHIEF FINANCIAL OFFICER

Appears in 1 contract

Samples: Change in Terms Agreement (Mendocino Brewing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY XXXXXXX TECHNOLOGIES, LLC XXXXXXX TECHNOLOGIES CORP., Manager of XXXXXXX TECHNOLOGIES, LLC By:________________________________________ X.X. X'XXXXX, CHIEF OPERATING OFFICER of XXXXXXX TECHNOLOGIES CORP. LENDER: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxNEBRASKA STATE BANK OF OMAHA X_________________________________________ XXXXX XXXXXX, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCSenior Vice President

Appears in 1 contract

Samples: Change in Terms Agreement (Gabriel Technologies Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx AMERICAN POWER GROUP, INC. By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, Xxxxxx Xxxx Xxxxxx President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxAmerican Power Group, Treasurer of Southern Iowa BioEnergy LLCInc. LENDER: IOWA STATE BANK X /s/ Xxxxx Xxxxxxx V.P.

Appears in 1 contract

Samples: Change in Terms Agreement (Greenman Technologies Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ERBA DIAGNOSTICS, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxxxx Xxxxx Xxxxxx Xxxxxxxx, President Chief Executive Officer of Southern Iowa BioEnergy LLC Xxxx XxxxxxxErba Diagnostics, Treasurer inc. Xxxxxxxx Xxxxx, Chief Financial Officer of Southern Iowa BioEnergy LLCErba Diagnostics, inc.

Appears in 1 contract

Samples: Change in Terms Agreement (ERBA Diagnostics, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, EACH XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTCIT SIGNERS: PRIMAL SOLUTIONS, INC. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxx X. Xxxxxxx XXXXXX X. Xxxxxx XXXXXXX, President/ CEO of PRIMAL SOLUTIONS, INC. WIRELESS BILLING SYSTEMS By: /s/ Xxxx Xxxxxx X. Xxxxxxx Xxxxxxx XXXXXX X. XxxxxxXXXXXXX, President President/CEO of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCWIRELESS BILLING SYSTEMS

Appears in 1 contract

Samples: Change in Terms Agreement (Primal Solutions Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including . Including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx FRESH ENTERPRISES, INC By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxxxxxx By: /s/ Xxxxxx Xxxxx ----------------------------------- ------------------------------------ Xxxx Xxxxxxxxxx, President & Xxxxxx Xxxxx, Senior Vice Pres. & CEO of Southern Iowa BioEnergy LLC Fresh Enterprises, Inc. CFO of Fresh Enterprises, Inc. By: /s/ Xxxx XxxxxxxXxxxxxxxxx By: /s/ Xxxxxx Xxxxx ----------------------------------- ------------------------------------ Xxxx Xxxxxxxxxx, Treasurer President & Xxxxxx Xxxxx, Senior Vice Pres. & CEO of Southern Iowa BioEnergy LLCBaja Fresh Westlake Village CFO of Baja Fresh Westlake Village Inc. dba Baja Fresh Mexican Grill Inc. dba Baja Fresh Mexican Grill. LENDER: WESTERN FINANCIAL BANK /s/ Xxxxxxx Xxxxxx ----------------------------------- Authorized Signer ================================================================================

Appears in 1 contract

Samples: Change in Terms Agreement (Fresh Enterprises Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lencler's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement Agreemprit below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification Modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. (Continued) BORROWER: SOUTHERN IOWA BIOENERGY LLC By: ADVANCED REMOTE COMMUNICATIONS SOLUTIONS, INC. A CALIFORNIA CORPORATION FKA BOATRACS, INC., A CALIFORNIA CORPORATION By:/S/ XXXXXXX SILVERMNA XXxxxXX Xxxxxxxxx, Chairman of the Board/CEO of Advanced-Remotee Communications Solutions, Inc. a California corporation fka Boatracs, Inc., a California corporation ENERDYNE TECHNOLOGIES INC., A CALIFORNIA CORPORATION By:/s/ Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx, Chairman of the Board/CEO of Enerdyne Technologies, Inc., a California corporation Xxx Xxxxxxx /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC

Appears in 1 contract

Samples: Change in Terms Agreement (Advanced Remote Communication Solutions)

CONTINUING VALIDITY. Except as expressly changed by MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of the original obligation or obligationsthis Agreement, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party otherwise expressly released by Xxxxxx stated in writing. Any , no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, including accommodation makers, will not shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by virtue Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this Agreement. If any person who signed loan without the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement consent of or notice to anyone other than the party with whom the modification is given conditionally, based on the representation to Lender the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actionsmade. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC BySCIENTIFIC SOFTWARE - INTERCOMP, INC., A COLORADO CORPORATION BY: /s/ Xxxxxxx ------------------------------ RONAXX X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXXXXX, President XXCRETARY ================================================================================ Variable Rate. Line of Southern Iowa BioEnergy LLC Xxxx XxxxxxxCredit. 14 EXHIBIT "B" ANNEX A LOAN AUTHORIZATION AGREEMENT THIS LOAN AUTHORIZATION AGREEMENT (this "Agreement") is made and entered into by and between the institution identified as the Lender on the signature page hereof (the "Lender") and the Export-Import Bank of the United States ("Eximbank"). This Agreement sets forth the specific terms and conditions of the Loan known as Guaranteed Loan No. AP068039XA which is guaranteed by Eximbank pursuant to the Master Guarantee Agreement no. CO-MGA-001 dated SEPTEMBER 21, Treasurer of Southern Iowa BioEnergy LLC1995 between Eximbank and the Lender. The capitalized terms used herein shall have the meanings set forth in the Master Guarantee Agreement.

Appears in 1 contract

Samples: Loan Agreement (Scientific Software Intercomp Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreementmodified above, the terms of the original obligation or obligationsLoan Agreement, including all agreements evidenced or securing the obligation(s)Deed of Trust, and any Related Documents shall remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement Modification does not waive Xxxxxx’s Lender's right to require strict performance of any and all of the obligation(s) as changed, Loan Documents nor obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(s)promissory notes or other Loan Agreement secured by the Deed of Trust. It is the intention of Lender to retain as liable parties to the Deed of Trust and all makers and endorsers of the original obligation(s), including accommodation parties, unless a party expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will shall not be released by virtue of this AgreementModification. If any person who signed the original obligation Agreement, Deed of Trust and any Related Documents does not sign this Agreement belowModification, then all persons signing below acknowledge that this Agreement Modification is given conditionally, based on the representation to Lender that the nonNon-signing party person consents to the changes and provisions of this Agreement Modification or otherwise will not be released by it. This waiver applies not only to any initial extension, extension or modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTMODIFICATION, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ANY AND ALL OTHER DOCUMENTS RELATING RELATED DOCUMENTS. AGREED TO THIS DEBT. AND ACCEPTED: BORROWER: SOUTHERN IOWA BIOENERGY LLC AMPHASTAR PHARMACEUTICALS, INC. By: /s/ Xxxxxxx X. Xxxxxx XXXX XXXXX XXXX XXXXX, President CATHAY BANK, a California Banking Corporation By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXXX XXX Xxxxx Xxx, Senior Vice President EXHIBIT "A": CREDIT FACILITY This Exhibit "A" dated April 30, 2003 is attached hereto and made a part of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxthat certain Business Loan Agreement ("Agreement") dated February 8, Treasurer of Southern Iowa BioEnergy LLC2001 between AMPHASTAR PHARMACEUTICALS, INC., ("Borrower") and CATHAY BANK ("Lender"). This Exhibit supersedes any and all exhibits between Borrower and Lender.

Appears in 1 contract

Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s)) . It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. CHANGE IN TERMS AGREEMENT PRIOR TO SIGNING THIS AGREEMENT, EACH XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTSIGNERS : LF3 CEDAR RAPIDS, LLC LODGING FUND REIT Ill OP, LP, Sole Member of LF3 Cedar Rapids. BORROWER: SOUTHERN IOWA BIOENERGY LLC LODGING FUND REIT III, INC., General Partner of Lodging Fund REIT III OP, LP By:/s/ Xxxxx X Xxx Xxxxx X Xxx, Chief Financial Officer of Lodging Fund REIT Ill, Inc . LF3 CEDAR RAPIDS TRS, LLC LODGING FUND REIT III TRS, Inc. Sole Member of LF3 Cedar Rapids TRS, LLC By: /s/ Xxxxxxx X. Xxxxxx Xxxxx X Xxx Xxxxx X Xxx, Chief Financial Officer of Lodging Fund REIT III TRS, Inc. LODGING FUND REIT Ill TRS, INC By: /s/ Xxxxx X Xxx Xxxxx X Xxx, Chief Financial Officer of Lodging Fund REIT Ill TRS, Inc . LODGING FUND REIT Ill OP, LP LODGING FUND REIT III, INC., Lodging Fund REIT Ill OP, LP By: /s/ Xxxxx X Xxx Xxxxx X Xxx, Chief Financial Officer of Lodging Fund REIT Ill, Inc. LENDER: WESTERN STATE BANK X: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxx Xxxx Xxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCVP/Business Banking Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Lodging Fund REIT III, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreementmodified above, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), Mortgage shall remain unchanged and in full force and effecteffect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Xxxxxx Lender to this Agreement Modification does not waive Xxxxxx’s Lender's right to require strict performance of the obligation(s) Mortgage as changed, changed above nor obligate Lender to make any future change in termsmodifications. Nothing in this Agreement will constitutes Modification shall constitute a satisfaction of the obligation(spromissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers of to the original obligation(s)Note, including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will shall not be released by virtue of this AgreementModification. If any person who signed the original obligation Mortgage does not sign this Agreement belowModification, then all persons signing below acknowledge that this Agreement Modification is given conditionally, based on the representation to Lender that the non-signing party person consents to the changes and provisions of this Agreement Modification or otherwise will not be released by it. This waiver applies not only to any initial extension, modification extension or releasemodification, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX GRANTOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO THE TERMS ITS TERMS. THIS MODIFICATION OF THIS AGREEMENTMORTGAGE IS DATED MARCH 30, 2018. XXXXXXXX GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT MODIFICATION OF MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCGRANTOR:

Appears in 1 contract

Samples: Modification of Mortgage (Arts Way Manufacturing Co Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, parties unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is Is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. SIGNERS: BORROWER: SOUTHERN IOWA BIOENERGY LLC UQM PROPERTIES, INC. By: /s/ Xxxxxxx XXXXX X. Xxxxxx ByXXXXXXXXX XXXXX X. XXXXXXXXX, Chief Financial Officer/ Treasurer/ Secretary of UQM PROPERTIES, INC. LENDER: BANK OF THE WEST X /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXXXXXXX XXXXXXX XXXXXXX XXXXXXX, President Relationship Manager COMMERCIAL GUARANTY Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $5,600,000.00 03-15-2017 09-15-2019 256626 1060899123 NFR12 References in the boxes above are for Lender's use only and do not limit the applicability of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxthis document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. Borrower: UQM PROPERTIES, Treasurer INC. Lender: BANK OF THE WEST 4120 SPECIALTY PL SME BBC Northern Front Range #21193 XXXXXXXX, XX 00000 00000 Xxxxx Xxxxxxxxxx Xxxxxxxx, XX 00000 Guarantor: UQM TECHNOLOGIES, INC. 0000 XXXXXXXXX XX XXXXXXXX, XX 00000 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of Southern Iowa BioEnergy LLCthe Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, 50 Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability ls unlimited and Guarantor's obligations are continuing.

Appears in 1 contract

Samples: Terms Agreement (Uqm Technologies Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, EACH XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CIT SIGNERS: PRIMAL SOLUTIONS, INC. By: /s/ Xxxxxx X. Xxxxxxx XXXXXX X. XXXXXXX, President/ CEO of PRIMAL SOLUTIONS, INC. WIRELESS BILLING SYSTEMS By: /s/ Xxxxxx X. Xxxxxxx XXXXXX X. XXXXXXX, President/CEO of WIRELESS BILLING SYSTEMS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTPrincipal Loan Date Maturity Loan No Call / Coll Account Officer Initials $ 100,000.00 03–15–2004 08–28–2004 0100961001 02 103369 248 /s/ [ILLEGIBLE] References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. BORROWERAny item above containing “***” has been omitted due to text length limitations. Borrower: SOUTHERN IOWA BIOENERGY LLC ByPRIMAL SOLUTIONS, INC. Lender: /s/ Xxxxxxx X. Xxxxxx BySUNWEST BANK WIRELESS BILLING SYSTEMS Commercial Banking 18881 XXX XXXXXX, SUITE 000 00000 XXXX 00xx XXXXXX IRVINE, CA 92612 TUSTIN, CA 92780 Principal Amount: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx$100,000.00 Initial Rate: 6.500% Date of Agreement: March 15, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx2004 DESCRIPTION OF EXISTING INDEBTEDNESS. A PROMISSORY NOTE DATED APRIL 8, Treasurer of Southern Iowa BioEnergy LLC2002 IN THE AMOUNT OF $100,00.00 EVIDENCING A REVOLVING LINE OF CREDIT WITH A CURRENT BALANCE OF $100,000.00.

Appears in 1 contract

Samples: Change in Terms Agreement (Primal Solutions Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: XXXXXXXXXXXX RESOURCES, INC. BY /s/ Xxxxxxx X. Xxxxxx By: XXXXXXX X. XXXXXX VICE PRESIDENT OF DEVELOPMENT AND TREASURER FIRST INTERSTATE BANK BY /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx Xxxxxxxxx XXXXX XXXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCVICE PRESIDENT

Appears in 1 contract

Samples: Change in Terms Agreement (Westmoreland Coal Co)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. ORAL AGREEMENT. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORECEABLE UNDER WASHINGTON LAW. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTSIGNERS: PANELTECH PRODUCTS, INC. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx Xxxxx X. Xxxxxx Xxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxx X. XxxxxxXxxxxxxx Xxxxx X. Xxxx, President and CEO of Southern Iowa BioEnergy LLC Paneltech Products, Inc. Xxxxx X. Xxxxxxxx, Secretary and CFO of Paneltech Products, Inc. X /s/ Xxxxx X. Xxxx XxxxxxxX /s/ Xxxxxx X. Iff Xxxxx X. Xxxx, Treasurer of Southern Iowa BioEnergy LLCIndividually Xxxxxx X. Iff, Individually X /s/ Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxxx, Individually

Appears in 1 contract

Samples: Change in Terms Agreement (Paneltech International Holdings, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxxthe Lender’s right to strict performance of the obligation(sobligations(s) as changed, nor obligate the Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification modification, or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTAMENDMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC PRO-DEX, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxx Xxxx XXXXXXX XXX XXXXXXX, XX., Chief Executive Officer of PRO-DEX, INC. LENDER: MINNESOTA BANK & TRUST By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXxxxxxxxx Senior Vice President

Appears in 1 contract

Samples: Change in Terms Agreement (Pro Dex Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC AMERICAN POWER GROUP, INC. By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxx Xxxxxxx X. XxxxxxXxxxx, President CFO/Treasurer/Secretary of Southern Iowa BioEnergy LLC Xxxx American Power Group, Inc. LENDER: IOWA STATE BANK X /s/ Xxxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC

Appears in 1 contract

Samples: Change in Terms Agreement (Greenman Technologies Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non---signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTLETTER OF CREDIT AVAILABILITY. In addition to the terms previously set forth, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENTavailability under the Note shall be reduced by the amount of any outstanding documentary or standby Letters of Credit issued by the Lender for the Borrower’s account. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENTLetters of Credit issued under this line of credit must be issued with an expiration date prior to the maturity date of the Note. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTLetters of Credit issued for the Borrower which are presented for payment prior to the maturity date of the Note shall be funded by an advance from the line of credit as evidenced by the Note. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxIf not sooner paid, President all Letters of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer Credit presented for payment and funded by an advance from the line of Southern Iowa BioEnergy LLCcredit shall be due and payable upon the maturity date of the Note.

Appears in 1 contract

Samples: Change in Terms Agreement (Allin Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENTLETTER OF CREDIT. In addition to the other collateral for this Note, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENTBorrower acknowledges and agrees that this Note is secured by a Letter of Credit issued to Lender on its behalf by United States Trust Company, N.A. dated June 26, 2006. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENTThe Change in Terms Agreement is additionally secured by a Letter of Credit issued to Lender on its behalf by Union Bank of California, N.A. dated August 8, 2006, and Letter of Credit issued to Lender on its behalf by First Republic Bank dated August 9, 2006. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS Lender shall return the letter(s) of credit securing the loan after the applicable preference period following the occurence of both of the following (i) payment in full of all amounts payable to Lender under the Note and related documents and (ii) Borrower's acknowledgment that Lender has no further obligation to loan amounts to Borrower pursuant to such documents. CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLC{Continued}

Appears in 1 contract

Samples: Change in Terms Agreement (Remote MDX Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(sobligations), remain unchanged and in full force and effect. Consent by Xxxxxx Lender CONTINUED ON NEXT PAGE CHANGE IN TERMS AGREEMENT to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) obligations as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It it is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(sobligation{s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS BORROWER: BXXXXX TRAVEL CENTERS, INC. By: /s/ Mxxxxxx X. Xxxxxx MXXXXXX X. XXXXXX, President of BXXXXX TRAVEL CENTERS, INC. CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTPrincipal $750,000.00 Loan Date 01-14-2004 Maturity 01-31-2011 Loan No. BORROWER0000000000 Call / Coll Account 1000139549 Officer Initials References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower: SOUTHERN IOWA BIOENERGY LLC ByBXXXXX TRAVEL CENTERS, INC. 100 XXXXXXXXX XXXXXXXXX XX XXXXXXXXXXX, XX 00000 Lender: /s/ Xxxxxxx X. Xxxxxx ByBANK OF TXX XXXX Xxxxxxxxxxx, XXX #000 500 Xxxxxxxxx, 00xx Xxxxx Xxxxxxxxxxx, XX 00000 (888) 457-2692 Principal Amount: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx$750,000.00 Date of Agreement: September 29, President 2006 DESCRIPTION OF EXISTING INDEBTEDNESS. Promissory Note dated January 14, 2004 in the original principal amount of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer $750,000.00 with the current principal balance of Southern Iowa BioEnergy LLC$520,904.87.

Appears in 1 contract

Samples: Change in Terms Agreement (Bowlin Travel Centers Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future furture change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of the Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to the Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. CHANGE IN TERMS OF AGREEMENT (Continued) Loan no: 823002500 PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERTERM SIGNERS: SOUTHERN IOWA BIOENERGY LLC INNSUITES HOSPITALITY TRUST By: /s/ Xxxxxxx Xxxxx X. Xxxxxx Xxxxx XXXXX X. XXXXX, President of INNSUITES HOSPITALITY TRUST YUMA HOSPITALITY PROPERTIES LIMITED PARTNERSHIP INNSUITES HOSPITALITY TRUST, General Partner of YUMA HOSPITALITY PROPERTIES LIMITED PARTNERSHIP By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxx X. XxxxxxXxxxx XXXXX X. XXXXX, President of Southern Iowa BioEnergy LLC Xxxx INNSUITES HOSPITALITY TRUST RRF LIMITED PARTNERSHIP INNSUITES HOSPITALITY TRUST, General Partner of RRF LIMITED PARTNERSHIP By:/s/ Xxxxx X. Xxxxx XXXXX X. XXXXX, President of INNSUITES HOSPITALITY TRUST /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX, GUARANTOR DISBURSEMENT REQUEST AND AUTHORIZATION Principal $500,000.00 Loan Date 11-23-2010 Maturity 06-23-13 Loan No 000000000 Call/Coll 56 Account Officer MH Initials References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower: INNSUITES HOSPITALITY TRUST, YUMA Lender: RepublicBankAZ, NA HOSPITALITY PROPERTIES LIMITED 000 X. Xxxxxxxx Xxxxxx PARTNERSHIP and RRF LIMITED PARTNERSHIP Xxxxxxx, Treasurer XX 00000 0000 X. XXXXXXXX XXXXXX, XXX #000 XXXXXXX, XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Southern Iowa BioEnergy LLCCredit to two Partnerships and a Corporation for $500,000.00 due on June 23, 2013. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: oPersonal, Family, or Household Purposes or Personal Investment. x Business (Including Real Estate Development).

Appears in 1 contract

Samples: Change in Terms Agreement (Innsuites Hospitality Trust)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), . including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writingwriting . Any maker or endorser, including accommodation makers, will not be released by virtue of this AgreementAgreement . If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actionsactions . CHANGE IN TERMS AGREEMENT PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX . EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTSIGNERS: LF3 XXXXX, LLC LODGING FUND REIT Ill OP, LP, Sole Member of LF3 Xxxxx, LLC LODGING FUND REIT Ill, INC., General Partner of Lodging Fund REIT Ill OP, LP By: /s/ Xxxxx Xxx Xxxxx Xxx, Chief Financial Officer of Lodging Fund REIT Ill, INC. BORROWER: SOUTHERN IOWA BIOENERGY LF3 XXXXX TRS, LLC LODGING FUND REIT Ill TRS, INC., Sole Member of LF3 Xxxxx TRS, LLC By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxx Xxxxx Xxx, Chief Financial Officer of Lodging Fund REIT Ill TRS, INC. LODGING FUND REIT Ill TRS, INC. By: /s/ Xxxxx Xxx Xxxxx Xxx, Chief Financial Officer of Lodging Fund REIT Ill TRS, INC. LODGING FUND REIT Ill OP, LP LODGING FUND REIT Ill, INC., General Partner of Lodging Fund REIT Ill OP, LP By: /s/ Xxxxx Xxx Xxxxx Xxx, Chief Financial Officer of Lodging Fund REIT Ill, INC. LENDER: WESTERN STATE BANK By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxx Xxxx Xxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCVP/Business Banking Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Lodging Fund REIT III, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ByXXXXXXXXXXXX RESOURCES, INC. BY: /s/ Xxxxxxx X. Xxxxxx ByXxxxx Xxxxxxxxx XXXXX XXXXXXXXX, VICE PRESIDENT FIRST INTERSTATE BANK BY: /s/ Xxxx Xxxxx Xxxxxxxxx BY: /s/ Xxxxx X. Xxxxxxx Xxxxxxx XXXXX XXXXXXXXX, VICE PRESIDENT XXXXX X. XxxxxxXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCVICE PRESIDENT

Appears in 1 contract

Samples: Change in Terms Agreement (WESTMORELAND COAL Co)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC LIVEONE, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx Xxxxx XXXXXX X. XxxxxxXXXXX, President CEO of Southern Iowa BioEnergy LLC Xxxx XxxxxxxLIVEONE, Treasurer of Southern Iowa BioEnergy LLCINC.

Appears in 1 contract

Samples: Change in Terms Agreement (LiveOne, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ELECSYS CORPORATION By: /s/ Xxxxxxx ----------------------------------------------------- KXXX X. Xxxxxx XXXXXXXX, President and CEO of ELECSYS CORPORATION DCI, INC. By: /s/ Xxxx Xxxxxxx Xxxxxxx ----------------------------------------------------- KXXX X. XxxxxxXXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxDCI, INC. NTG, INC. By: ----------------------------------------------------- KXXX X. XXXXXXXX, Director/Treasurer of Southern Iowa BioEnergy LLCNTG, INC. RADIX CORPORATION By: ----------------------------------------------------- KXXX X. XXXXXXXX, Director of RADIX CORPORATION

Appears in 1 contract

Samples: Change in Terms Agreement (Elecsys Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and or endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWERS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWERS AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx AMEXDRUG CORPORATION By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxx ---------------------------------------------------------------- Xxxx X. Xxxx, President President/Secretary of Southern Iowa BioEnergy LLC Amexdrug Corporation DERMAGEN, INC. By: /s/ Xxxx XxxxxxxX. Xxxx ---------------------------------------------------------------- Xxxx X. Xxxx, Treasurer President/Secretary of Southern Iowa BioEnergy LLCDermagen, Inc. BIORIX PHARMACEUTICALS, INC. By: /s/ Xxxx X. Xxxx ---------------------------------------------------------------- Xxxx X. Xxxx, President/Secretary of Biorx Pharmaceuticals, Inc. ROYAL HEALTH CARE, INC. By: /s/ Xxxx X. Xxxx ---------------------------------------------------------------- Xxxx X. Xxxx, President/Secretary of Royal Health Care, Inc. ALLIED MED INC. By: /s/ Xxxx X. Xxxx ---------------------------------------------------------------- Xxxx X. Xxxx, President/Secretary of Allied Med Inc. PRIOR TO SIGNING THIS AGREEMENT, GUARANTORS READ AND UNDERSTOOD ALL PROVISIONS OF THIS AGREEMENT. GUARANTORS AGREES TO THE TERMS OF THE AGREEMENT. /s/ Xxxx X. Xxxx ---------------------------------------------------------- Xxxx X. Xxxx, Individually /s/ Xxxx X. Xxxx ---------------------------------------------------------- Xxxx X. Xxxx, Individually

Appears in 1 contract

Samples: Amexdrug Corp

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCDYNASIL CORPORATION OF AMERICA

Appears in 1 contract

Samples: Change in Terms Agreement (Dynasil Corp of America)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to the Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. EXHIBIT 10.1 CHANGE IN TERMS AGREEMENT (Continued) Loan no: 823002500 PRIOR OR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSIGNERS: SOUTHERN IOWA BIOENERGY LLC INNSUITES HOSPITALITY TRUST By: /s/ Xxxxxxx X. Xxxxxx Barnhill_______________________ XXXXXX XXXXXXXX, President of INNSUITES HOSPITALITY TRUST YUMA HOSPITALITY PROPERTIES LIMITED PARTNERSHIP INNSUITES HOSPITALITY TRUST, General Partner of YUMA HOSPITALITY PROPERTIES LIMITED PARTNERSHIP By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxx Barnhill_______________________ XXXXXX XXXXXXXX, President of Southern Iowa BioEnergy LLC Xxxx INNSUITES HOSPITALITY TRUST RRF LIMITED PARTNERSHIP INNSUITES HOSPITALITY TRUST, General Partner of RRF LIMITED PARTNERSHIP By: /s/ Xxxxxx Barnhill_______________________ XXXXXX XXXXXXXX, President of INNSUITES HOSPITALITY TRUST /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX, GUARANTOR EXHIBIT 10.1 DISBURSEMENT REQUEST AND AUTHORIZATION Principal $600,000.00 Loan Date 11-23-2010 Maturity 06-23-13 Loan No 000000000 Call/Coll 56 Account Officer MH Initials References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower: INNSUITES HOSPITALITY TRUST, YUMA Lender: RepublicBankAz, N.A. HOSPITALITY PROPERTIES LIMITED 000 X. Xxxxxxxx Xxxxxx PARTNERSHIP and RRF LIMITED PARTNERSHIP Xxxxxxx, Treasurer XX 00000 0000 X. XXXXXXXX XXXXXX, XXX #000 XXXXXXX, XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Southern Iowa BioEnergy LLCCredit Loan to two Partnerships and a Corporation for $600,000.00 due on June 23, 2013. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: __ Personal, Family, or Household Purposes or Personal Investment. X Business (Including Real Estate Investment).

Appears in 1 contract

Samples: Change in Terms Agreement (Innsuites Hospitality Trust)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC APPLIED OPTOELECTRONICS, INC. By: /s/ Xxxxxxx X. Stefan Xxxx Xxxxx Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx, Vice President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxApplied Optoelectronics, Treasurer of Southern Iowa BioEnergy LLCInc.

Appears in 1 contract

Samples: Change in Terms Agreement (Applied Optoelectronics, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or of release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ERBA DIAGNOSTICS, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxxxxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxxxxx Xxxxx Xxxxx Xxxxxxxxxxxxx, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxChief Executive Officer Xxxxxxxx Xxxxx, Treasurer of Southern Iowa BioEnergy LLCChief Financial Officer

Appears in 1 contract

Samples: Change in Terms Agreement (ERBA Diagnostics, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change changes in terms. Nothing in this Agreement agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of the Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS THE AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC M-TRON INDUSTRIES By: /s/ Xxxxxxx X. Xxxxxx Xxxxxx, CFO 06/26/09 Authorized Signer for M-Tron Industries PIEZO TECHNOLOGY By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx CFO 06/26/09 Authorized Signer for Piezo Technology, Inc LENDER: FIRST NATIONAL BANK OF OMAHA x /s/ Xxxxxx Mahoney____________ Xxxxxx X Xxxxxxx, Treasurer Second Vice President First National Bank DISBURSEMENT REQUEST AND AUTHORIZATION Principal $5,500,000.00 Loan Date 06-30-2009 Maturity 07-31-2009 Loan No. 0000000 Call/Coll Account Officer *** Initials References in the boxes above are for Lender’s use only and do not limit the applicability of Southern Iowa BioEnergy LLCthis document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower:

Appears in 1 contract

Samples: Loan Agreement

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive XxxxxxLender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of the Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC PREMIER FINANCIAL BANCORP, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxxxx Xxxxxx, President & CEO XXXXXX X. XXXXXX, President & CEO of PREMIER FINANCIAL BANCORP, INC. LENDER: FIRST GUARANTY BANK By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxXxxxx Xxxx X Xxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCLoan Officer

Appears in 1 contract

Samples: Change in Terms Agreement (Premier Financial Bancorp Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(sobllgation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. ​ ​ ​ ​ PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENTTHE AGREEMENT ​ ​ ​ Ex. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS 10.279 ​ ​ CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWERSIGNERS: SOUTHERN IOWA BIOENERGY LLC ​ ​ LODGING FUND REIT III OP, LP ​ LODGING FUND REIT III, INC., General Partner of Lodging Fund REIT III OP, LP ​ By: /s/ Xxxxxxx Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc. ​ X /s/ Xxxxx X. Maple Xxxxx X. Maple ​ LODGING FUND REIT III, INC., ​ By: /s/ Xxxx Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc ​ LF3 FARGO MED, LLC ​ LODGING FUND REIT III OP, LP, Member of LF3 Fargo Med, LLC ​ By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc LF3 XXXXX, LLC ​ LODGING FUND REIT III OP, LP, Member of LF3 Xxxxx, LLC ​ By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc. ​ ​ LF3 CEDAR RAPIDS, LLC ​ LODGING FUND REIT III OP, LP, Member of LF3 Cedar Rapids, LLC ​ By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Chief Financial Officer of Lodging Fund REIT III, Inc ​ ​ Ex. 10.279 ​ ​ ​ LENDER: ​ ​ WESTERN STATE BANK ​ ​ X /s/ Xxxxxxx Xxxxx- Xxxxxxx X. XxxxxxXxxxx, Market President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx​ ​ l■aerPrv, Treasurer of Southern Iowa BioEnergy LLCVer 23 1,10 010 Copr Fln1t1111 USA Corporation 1997, 2023 AH Rlgli.1 RINrYld, • ND C;\I.ASERPRO'CFI\LPL\D20C,FC TR-4841 PR-8

Appears in 1 contract

Samples: Change in Terms Agreement (Lodging Fund REIT III, Inc.)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC PREMIER FINANCIAL BANCORP, INC. By: /s/ Xxxxxxx Xxxxxx X. Xxxxxx XXXXXX X. XXXXXX, President & CEO of PREMIER FINANCIAL BANCORP, INC. LENDER: FIRST GUARANTY BANK By: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCXxxxxxxx

Appears in 1 contract

Samples: Change in Terms Agreement (Premier Financial Bancorp Inc)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx’s 's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-non- signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTTHE AGREEMENT. BORROWER: SOUTHERN IOWA BIOENERGY LLC GTI MANUFACTURING, INC. BY: /s/ Xxxxxx X. Xxxxxxx ---------------------------- Xxxxxx X. Xxxxxxx, President ================================================================================ [LETTERHEAD OF XXXXX FARGO BANK] July 17, 1996 GTI Manufacturing, Inc. 0000 XxXxx Xxx. Irvine, CA 92714 Dear Sir: This letter is to confirm that Xxxxx Fargo Bank, National Association ("Bank") has agreed to extend the maturity date of that certain credit accommodation granted by Bank to GTI Manufacturing, Inc. ("Borrower") in the original principal amount of One Hundred Thousand Dollars ($100,000.00), as evidenced by that certain promissory note dated as of January 11, 1996, executed by Xxxxxxxx and payable to the order of Bank (the "Note"), a copy of which is attached hereto as Exhibit A, and as modified to increase the maximum principal amount available to One Hundred Eighty Thousand Dollars (S180,000.00), as evidenced by that certain change in terms agreement dated May 20, 1996, ("Change in Terms Agreement") a copy of which is attached as Exhibit B. The maturity date of said credit accommodation is hereby extended until December 31, 1996. The Note shall be deemed modified as of the date this letter is acknowledged by Xxxxxxxx to reflect said new maturity date. All other terms and conditions of the Note remain in full force and effect, without waiver or modification. Borrower acknowledges that Bank has not committed to make any renewal or further extension of the maturity date of the above-described credit accommodation beyond the new maturity date specified herein, and that any such renewal or further extension remains in the sole discretion of Bank. This letter constitutes the entire agreement between Bank and Borrower with respect to the maturity date extension for the above-described credit accommodation, and supersedes all prior negotiations, discussions and correspondence concerning said extension. Please acknowledge your acceptance of the terms and conditions contained herein by dating and signing one copy below and returning it to my attention at the above address on or before August 2, 1996. Very truly yours, XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxx ByXxxxxxxx ------------------------------------ Xxxxxx Xxxxxxxx Vice President Acknowledged and accepted as of 7/29/96: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx------- GTI MANUFACTURING, President of Southern Iowa BioEnergy LLC Xxxx Xxxxxxx, Treasurer of Southern Iowa BioEnergy LLCINC.

Appears in 1 contract

Samples: Grip Technologies Inc

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance xxxxxxmance of the obligation(s) as changedchangxx, nor xor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makersmakxxx, will xill not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX EACH BORROWER AGREES TO THE TERMS OF THIS THE AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: SOUTHERN IOWA BIOENERGY LLC ELECSYS CORPORATION By: /s/ Xxxxxxx X. Xxxxxx By--------------------------------------------- KARL B. GEMPERLI, President & CEO of ELECSYS CORPORATION DCI, INC. Xx: /s/ Xxxx Xxxxxxx Xxxxxxx X. Xxxxxx--------------------------------------------- KARL B. GEMPERLI, President of Southern Iowa BioEnergy LLC Xxxx XxxxxxxDCI, INC. NTG, INC. By: --------------------------------------------- KARL B. GEMPERLI, Director/ Treasurer of Southern Iowa BioEnergy LLCNTG, INC.

Appears in 1 contract

Samples: Change in Terms Agreement (Elecsys Corp)

CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Xxxxxx Lender to this Agreement does not waive Xxxxxx’s Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitutes constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s)obligations, including accommodation parties, unless a party is expressly released by Xxxxxx Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENTFINANCIAL STATEMENT CERTIFICATIONS. XXXXXXXX AGREES TO THE TERMS OF THIS AGREEMENT. XXXXXXXX ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS The undersigned hereby certifies to California Bank & Trust ("Bank") that all financial information CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBTLOAN NO: 0083976-0005 (CONTINUED) PAGE 2 ("Information") submitted to Bank now and at all times during the terms of this loan does, and will, fairly and accurately represent the financial condition of the undersigned, all Borrowers and Guarantors. BORROWER: SOUTHERN IOWA BIOENERGY LLC By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxxx X. XxxxxxFinancial Information includes, President but is not limited to all Business Financial Statements (including Interim and Year-End financial statements that are company prepared and/or CPA-prepared), Business Income Tax Returns, Borrowing Base Certificates, Accounts Receivable and Accounts Payable Agings, Personal Financial Statements and Personal Income Tax Returns. The undersigned understands that the Bank will rely on all financial information, whenever provided, and that such information is a material inducement to Bank to make, to continue to make, or otherwise extend credit accommodations to the undersigned. The undersigned covenants and agrees to notify Bank of Southern Iowa BioEnergy LLC Xxxx Xxxxxxxany adverse material changes in her/his/its financial condition in the future, Treasurer of Southern Iowa BioEnergy LLCThe undersigned further understands and acknowledges that there are criminal penalties for giving false financial information to federally insured financial institutions.

Appears in 1 contract

Samples: Change in Terms Agreement (Iris International Inc)

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