Common use of Evidence of Loan Indebtedness and Repayment Clause in Contracts

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 InterCept shall make the Loan to Borrower Borrowers by wire transfer to the bank account specified in the Disclosure Memorandum in immediately available funds. The Loan shall he be evidenced by a Secured Promissory Note in the original principal amount of Seven Million and no/100ths Dollars ($5,000,000 7,000,000.00), dated as of the date hereof, executed by Borrower Borrowers in favor of Lender, in a form acceptable to Lender InterCept (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, Borrowers or any shareholder, member, partner, subsidiary or affiliate of Borrower Borrowers (“"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 Borrowers to LenderInterCept, direct or contingent (including but not limited to obligations incurred as indorserendorser, guarantor or surety), however evidenced or denominated, and however and whenever incurred, including but not limits that relate to indebtednesses incurred pursuant to any present or future commitment of Lender to Borrower the Loan and (c) all future advances made by Lender InterCept 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. Notwithstanding any other term or condition contained in this Agreement, the Loan Documents and Obligations shall not include or extend to the Purchase Agreement (amended and restated) dated November 29, 2000 between the Borrowers and InterCept (the "Purchase Agreement"), the agreements delivered pursuant to the Purchase Agreement including, without limitation, the Registration Rights Agreement and Employee Services Agreement, both as may be amended from time to time, and the obligations and liabilities of the Borrowers thereunder.

Evidence of Loan Indebtedness and Repayment. Subject to the terms and conditions contained hereinhereof, the Lender shall make the Loan to Borrower by wire transfer in immediately available funds. The Loan shall he be advanced to Borrower in two advances (individually, an "Advance" and collectively, the "Advances"). The first Advance shall be in the principal amount of $1,000,000 and shall be made on the date hereof. The second Advance shall be in the principal amount of $1,000,000 and shall be requested by Borrower and made by Lender on or before October 31, 1997. Lender's obligation to fund the second Advance shall be contingent upon Borrower having opened two new restaurants within one year from the date hereof The Loan shall be evidenced by a two Secured Promissory Note Notes, each in the original principal amount of $5,000,000 the applicable Advance, each substantially in the form of Exhibit A attached hereto and incorporated herein by this reference (individually a "Note" and collectively the "Notes"), each dated as of the date hereofof the applicable Advance, executed by Borrower 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 NoteNotes; provided, however, that all indebtedness evidenced by the Notes shall be due and payable immediately upon Borrower's successful completion of an offering of stock of Borrower pursuant to a registration statement filed with and declared effective by the Securities Exchange Commission pursuant to the Securities Act of 1933. The NoteNotes, this Agreement and any other instruments and documents executed by Borrower, any guarantor of Borrower, or any shareholder, member, partner, subsidiary or affiliate shareholder of Borrower (“Affiliates”)Borrower, now or hereafter evidencing, securing or in any way related to the indebtedness evidenced by the Note Notes 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 Borrower Borrowers by wire transfer in immediately available funds. The Loan shall he be advanced to Borrowers in five (5) advances (individually, an "Advance" and collectively, the "Advances"). The first Advance shall be in the principal amount of $815,000 and shall be made on the date hereof. The subsequent Advances shall be in increments of $500,000. Lender's obligation to fund the subsequent Advances shall be subject to the conditions set forth in Section 4.2. In no event shall the subsequent Advances be made after November 30, 1999. The Loan shall be evidenced by a Secured Promissory Note in the original principal amount of Six Million Dollars ($5,000,000 6,000,000), dated as of the date hereof, thereof executed by Borrower Borrowers 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 BorrowerBorrowers, any guarantor of BorrowerBorrowers, or any shareholder, member, partner, subsidiary or affiliate of Borrower Borrowers (“"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 Borrowers 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 limited to indebtednesses incurred pursuant to any present or future commitment of Lender to Borrower Borrowers and (c) all future advances made by Lender for taxes, levies, insurance and preservation of the collateral securing the Loan (“Collateral”) 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 InterCept shall make the Loan to Borrower Borrowers by wire transfer to the bank account specified in the Disclosure Memorandum in immediately available funds. The Loan shall he be evidenced by a Secured Promissory Note in the original principal amount of Twelve Million and no/100ths Dollars ($5,000,000 12,000,000.00), dated as of the date hereof, executed by Borrower Borrowers in favor of Lender, in a form acceptable to Lender InterCept (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, Borrowers or any shareholder, member, partner, subsidiary or affiliate of Borrower Borrowers (“"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 Borrowers to LenderInterCept, direct or contingent (including but not limited to obligations incurred as indorserendorser, guarantor or surety), however evidenced or denominated, and however and whenever incurred, including but not limits that relate to indebtednesses incurred pursuant to any present or future commitment of Lender to Borrower the Loan and (c) all future advances made by Lender InterCept 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. Notwithstanding any other term or condition contained in this Agreement, the Loan Documents and Obligations shall not include or extend to the Purchase Agreement (amended and restated) dated November 29, 2000 between the Borrowers and InterCept (the "Purchase Agreement"), the agreements delivered pursuant to the Purchase Agreement including, without limitation, the Registration Rights Agreement and Employee Services Agreement, both as may be amended from time to time, and the obligations and liabilities of the Borrowers thereunder.

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 be evidenced by a Secured Promissory Note in the original principal amount of Two Million and No/100ths Dollars ($5,000,000 2,000,000), 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 indorserendorser, guarantor or surety), however evidenced or denominated, and however and whenever incurred, including but not limits limited 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”) 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 Borrower by wire transfer in immediately available funds. The Loan shall he be evidenced by a Secured Promissory Note in the original principal amount of Eight Hundred Thousand Dollars ($5,000,000 800,000), 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 or of any guarantor of Borrower (“individually, "Affiliate," and collectively, "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 limited 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”) 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.