Common use of MODIFICATION OF NOTE Clause in Contracts

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned “Promise to Pay” is hereby amended and restated to read as follows: Promise to Pay. On or before July 31, 2010, for value received, Supreme Corporation (the “Borrower”) promises to pay to JPMorgan Chase Bank, N.A., whose address is 000 X. Xxxxxxxx St., Elkhart, IN 46516 (the “Bank”) or order, in lawful money of the United States of America, the sum of Twenty-Five Million and 00/100 Dollars ($25,000,000.00) or so much thereof as may be advanced and outstanding, plus interest on the unpaid balance as provided below. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the “Related Documents” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

Appears in 1 contract

Samples: Note Modification Agreement (Supreme Industries Inc)

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MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned “Promise to Pay” is hereby amended and restated to read as follows: Promise to Pay. On or before July 31June 30, 20102015, for value received, Supreme Corporation The Leather Factory, L.P. (the "Borrower") promises to pay to JPMorgan Chase Bank, N.A., whose address is 000 X. Xxxxxxxx St.Xxxxxxxxxxxx, ElkhartXxxxx 000, IN 46516 Xxxx Xxxxx, XX 00000 (the "Bank") or order, in lawful money of the United States of America, the sum of Twenty-Five Six Million and 00/100 Dollars ($25,000,000.006,000,000.00) or so much thereof as may be advanced and outstanding, plus interest on the unpaid principal balance computed on the basis of the actual number of days elapsed in a year of 360 days unless that calculation would result in a usurious interest rate, in which case interest will be calculated on the basis of a 365 or 366 day year, as provided belowthe case may be at the "Adjusted LIBOR Rate" (the "Note Rate") and at the rate of 3.00% Per Annum above the Note Rate, at the Bank's option, upon the occurrence of any default under this Note, whether or not the Bank elects to accelerate the maturity of this Note, from the date such increased rate is imposed by the Bank. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

Appears in 1 contract

Samples: Note Modification Agreement (Tandy Leather Factory Inc)

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended and restated to read as follows: Promise to Pay. On or before July 3115, 20102021, for value received, Supreme Corporation XXXXXXXX INDUSTRIES, INCORPORATED (the "Borrower") promises to pay to JPMorgan Chase Bank, N.A., whose address is 000 X. Xxxxxxxx St.0000 Xxxxxxx Xx, ElkhartXxxxx 00, IN 46516 Xxxxxxx Xxxx, XX 00000-0000 (the "Bank") or order, in lawful money of the United States of America, the sum of Twenty-Five Twenty Million and 00/100 Dollars ($25,000,000.0020,000,000.00) or so much thereof as may be advanced and outstanding, plus interest on the unpaid principal balance as provided belowcomputed on the basis of the actual number of days elapsed in a year of 360 days at the "Adjusted LIBOR Rate" (the "Note Rate") and at the rate of 3.00% Per Annum above the Note Rate, at the Bank's option, upon the occurrence of any default under this Note, whether or not the Bank elects to accelerate the maturity of this Note, from the date such increased rate is imposed by the Bank. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

Appears in 1 contract

Samples: Note Modification Agreement (Friedman Industries Inc)

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended and restated to read as follows: Promise to Pay. On or before July 31March 27, 20102009, for value received, Supreme Corporation SHARPS COMPLIANCE CORP. (the "Borrower") promises to pay to JPMorgan Chase Bank, N.A., whose address is 000 X. Xxxxxxxx St.707 Travis, Elkhart7th Floor, IN 46516 Houston, TX 77002 (the "Bank") or orderorxxx, in lawful money xx xxxxxx xxxxx of the United States of America, the sum of Twenty-Two Million Five Million Hundred Thousand and 00/100 Dollars ($25,000,000.002,500,000.00) or so much thereof such lesser sum as may be advanced and outstandingis indicated on Bank records, plus interest on the unpaid balance as provided below. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

Appears in 1 contract

Samples: Note Modification Agreement (Sharps Compliance Corp)

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MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned “Promise to Pay” is hereby amended and restated to read as follows: Promise to Pay. On or before July 31April 1, 20102008, for value received, Supreme Corporation Hxxxxx Interactive Inc. (the “Borrower”) promises to pay to JPMorgan Chase Bank, N.A., whose address is 000 X. Xxxxxxxx St.1 Xxxxx Xxxxxx, Elkhart0xx Xxxxx, IN 46516 Xxxxxxxxx, XX 00000 (the “Bank”) or order, in lawful money of the United States of America, the sum of TwentyThirty-Five Seven Million and 00/100 Dollars ($25,000,000.0037,000,000.00) or so much thereof such lesser sum as may be advanced and outstandingis indicated on Bank records, plus interest on the unpaid balance as provided below. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the “Related Documents” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

Appears in 1 contract

Samples: Note Modification Agreement (Harris Interactive Inc)

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned “Promise to Pay” is hereby amended and restated to read as follows: Promise to Pay. On or before July 31April 1, 20102008, for value received, Supreme Corporation Xxxxxx Interactive Inc. (the “Borrower”) promises to pay to JPMorgan Chase Bank, N.A., whose address is 000 X. Xxxxxxxx St.0 Xxxxx Xxxxxx, Elkhart0xx Xxxxx, IN 46516 Xxxxxxxxx, XX 00000 (the “Bank”) or order, in lawful money of the United States of America, the sum of Twenty-Twenty Five Million and 00/100 Dollars ($25,000,000.00) or so much thereof such lesser sum as may be advanced and outstandingis indicated on Bank records, plus interest on the unpaid balance as provided below. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the “Related Documents” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

Appears in 1 contract

Samples: Note Modification Agreement (Harris Interactive Inc)

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