Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions hereof, Lender shall make the Loan to Borrower by wire transfer in immediately available funds. The Loan shall be evidenced by a Secured Promissory Note in the original principal amount of One Million and Five Hundred Thousand and No/100ths Dollars ($1,500,000), substantially in the form of Exhibit A attached hereto and incorporated herein by this reference (the "Note"), dated as of the date hereof, executed by Borrower, in favor of Lender. The Loan shall be payable in accordance with the terms of the Note. The Note, this Agreement and any other instruments and documents executed by Borrower, any guarantor of Borrower, or any shareholder, member, partner, subsidiary, or affiliate of Borrower, now or hereafter evidencing, securing or in any way related to the indebtedness evidenced by the Note are herein individually referred to as a "Loan Document" and collectively referred to as the "Loan Documents."
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions contained herein, the Lender shall make the Loan to Borrower by wire transfer in immediately available funds. The Loan shall he evidenced by a Secured Promissory Note in the original principal amount of $5,000,000 dated as of the date hereof, executed by Borrower in favor of Lender, in a form acceptable to Lender (the “Note”). The Loan shall be payable in accordance with the terms of the Note. The Note, this Agreement and any other instruments and documents executed by Borrower, any guarantor of Borrower, or any shareholder, member, partner, subsidiary or affiliate of Borrower (“Affiliates”), now or hereafter evidencing, securing or in any way related to the indebtedness evidenced by the Note are herein individually referred to as a “Loan Document” and collectively referred to as the “Loan Documents.” The term “Obligations” as used herein shall refer to (a) the Loan to be made concurrently or in connection with this Agreement, as evidenced by the Note, and any renewals or extensions thereof, (b) the full and prompt payment and performance of any and all other indebtednesses and other obligations of Borrower to Lender, direct or contingent (including but not limited to obligations incurred as indorser, guarantor or surety), however evidenced or denominated, and however and whenever incurred, including but not limits to indebtednesses incurred pursuant to any present or future commitment of Lender to Borrower and (c) all future advances made by Lender for taxes, levies, insurance and preservation of the collateral securing the Loan (“Collateral”) and all attorneys’ fees, court costs and expenses of whatever kind incident to the collection of any of said indebtedness or other obligations and the enforcement and protection of the security interest created hereby or by the other Loan Documents.
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions contained herein, the Lender shall make the Loan to Borrowers by wire transfer in immediately available funds. The Loan shall be evidenced by a Secured Promissory Note in the original principal amount of Three Million Dollars ($3,000,000), dated as of the date hereof, executed by Borrowers in favor of Lender (the "Note"). The Loan shall be payable in accordance with the terms of the Note. The Note, this Agreement and any other instruments and documents executed by Borrowers, or any shareholder, member, partner, subsidiary or affiliate of Borrowers ("Affiliates"), now or hereafter evidencing, securing or in any way related to the indebtedness evidenced by the Note are herein
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions set forth herein, Lender hereby agrees to make the Loan to Borrower. The Loan shall be evidenced by a Secured Promissory Note substantially in the form attached hereto as Exhibit A (the "Note"), executed by Borrower in favor of Lender. The Loan shall be in the original principal amount indicated in the Note, shall be payable in accordance with the terms of the Note, and shall be prepayable at any time without penalty or premium. The proceeds of the Loan shall be disbursed by Lender on the date hereof (the "Closing Date") by wire transfer of immediately available funds in accordance with the written instructions of Borrower.
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions contained herein, the Lender shall make the Loan to Borrower by wire transfer in immediately available funds. The Loan shall be evidenced by a Secured Promissory Note in the original principal amount of Six Million Dollars ($6,000,000), dated as of the date hereof, executed by Borrower in favor of Lender (the "Note"). The Loan shall be payable in accordance with the terms of the Note. The Note, this Agreement and any other instruments and documents executed by Borrower, or any shareholder, member, partner, subsidiary or affiliate of Borrower ("Affiliates"), now or hereafter evidencing, securing or in any way related to the indebtedness evidenced by the Note are herein individually referred to as a
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions hereof, Lenders shall make the Loan to Borrowers by wire transfer in immediately available funds. The Loan shall be advanced to Borrowers in two advances (individually, an "Advance" and collectively, the "Advances"). The first Advance shall be by HMP in the principal amount of $4,000,000 and shall be made on the date hereof (the "HMP Advance"). The
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions hereof, the Lender shall make the Loan to Borrowers by wire transfer in immediately
Evidence of Loan Indebtedness and Repayment. The Loan shall be evidenced by a secured convertible promissory note substantially in the form of EXHIBIT A attached hereto (the "Note"), executed by Borrower in favor of Lender. The Loan shall be in the original principal amount indicated in the Note, shall be payable in accordance with the terms of the Note, and shall be prepayable at any time without penalty or premium. The Note shall bear interest from the date thereof to maturity on the unpaid principal balance thereon at the rate specified therein.
Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions contained herein, the Lender shall make advances under the Loan to Borrower by wire transfer in immediately available funds. The Loan shall be evidenced by a Subordinated Secured Promissory Note in the original principal amount of Ten Million Dollars ($10,000,000), dated of even date herewith, executed by Borrower in favor of Lender (the "Note"). The Loan shall be payable in accordance with the terms of the Note. The Note, this Agreement and any other instruments and documents executed by Borrower or any guarantor of Borrower now or hereafter evidencing, securing or in any way related to the indebtedness evidenced by the Note are herein individually referred to as a "Loan Document" and collectively referred to as the "Loan Documents." The term "Obligations" as used herein shall refer to (a) all obligations of Borrower under this Agreement and the Note and (b) all future advances made by Lender for taxes, levies, insurance and preservation of the collateral securing Borrower's obligations under the Loan Documents and all attorneys' fees, court costs and expenses of whatever kind incident to the collection of any of such obligations and the enforcement and protection of the security interest created by the other Loan Documents.
Evidence of Loan Indebtedness and Repayment. Subject to the terms and ------------------------------------------- conditions hereof, the Lenders shall make the Loan to Debtor as herein provided. The Loan from each Lender shall be evidenced by a Promissory Note in the original principal amount of the amount of the Loan funded by such Lender which promissory note shall be substantially in the form of Exhibit A attached hereto and incorporated herein by this reference (the "Note" or the "Promissory Note"). The Loan shall be payable in accordance with the terms of the Note. Unless a Note has previously been paid in full, such Note shall be convertible, at the option of each Lender, into shares of the common stock, $.001 par value per share (the "Common Stock") of Debtor as provided in the Note. The Note, this Agreement and any other instruments and documents executed by Debtor now or hereafter evidencing or in any way related to the indebtedness evidenced by the Note are herein individually referred to as a "Loan Document" and collectively referred to as the "Loan Documents."
