OTHER CAUSE. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”).
OTHER CAUSE. PECO II, INC. By /s/ Xxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======================================================================================= $10,000,000.00 Galion, Ohio October 22, 1999 FOR VALUE RECEIVED, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK (hereinafter called the "Bank," which term shall include any holder hereof) at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten Million Dollars ($10,000,000.00) or so much thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as "Principal Sum") together with interest as hereinafter provided and payable at the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall from time to time prescribe. The Bank shall be entitled to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereunder, which shall be received by it in good faith from anyone reasonably believed by the Bank to be the undersigned, or the under...
OTHER CAUSE. Athelas may terminate the Service Agreement immediately by providing written notice to Customer upon the occurrence of any of the following events:
OTHER CAUSE. Borrower: MERRYMEETING, INC. DUE DATE: APRIL 30, 2006 /s/ JOHN M. DAVIES -------------------- ------------------------------------- John M. Davies, President ADDRESS: 7763 Sunstone Drive Breckxxxxxx, Xxxx 44141 EXHIBIT 2.1(B) TERM NOTE $3,000,000.00 Cincinnati, Ohio April 30, 2001 MERRYMEETING, INC., a Delaware corporation (the "Borrower"), for value received, hereby promises to pay to the order of FIFTH THIRD BANK, an Ohio banking corporation (the "Bank"), at its offices located at 38 Fountain Square Plaza, Cincinnati, Ohio 45263, in lawful money of xxx Xxxxxx Xxxxxx xx Xxxxxxx, xxx xxxxxxxxx xxx of Three Million Dollars ($3,000,000.00) together with interest as set forth herein. Interest on the outstanding principal balance of this Note will accrue at a rate per annum equal to 21% per annum. Interest will be calculated on the basis of a year of 360 days and charged for the actual number of days elapsed. Interest will be payable in immediately available funds at the principal office of Bank on the first day of each calendar month. After maturity, whether by acceleration, notice of intention to prepay or otherwise, this Note will bear interest (computed and adjusted in the same manner, and with the same effect, as interest hereon prior to maturity), payable on demand, at a rate per annum equal to the Default Rate, until paid, and whether before or after the entry of judgment hereon. Accrued and unpaid interest will only be due and payable monthly commencing on the last day of May, 2001 and continuing on the last day of each month thereafter during the term hereof. The entire principal amount and all accrued and unpaid interest due and of this Note will be due and payable on October 30, 2003. This Note is the Term Note referred to in the Credit Agreement between Borrower and Bank of even date herewith, as it may be amended from time to time (the "Agreement"), and is entitled to the benefits, and is subject to the terms, of the Agreement. Capitalized terms used but not otherwise defined herein will have the meanings attributed thereto in the Agreement. The principal of this Note is pre-payable in the amounts and under the circumstances, and its maturity is subject to acceleration upon the terms, set forth in this Agreement. Except as otherwise expressly provided in the Agreement, if any payment on this Note becomes due and payable on a day other than one on which Bank is open for business (a "Business Day"), the maturity thereof will be extended to the next ...
OTHER CAUSE. FLUID ROUTING SOLUTIONS INTERMEDIATE HOLDING CORP. FLUID ROUTING SOLUTIONS, INC. EP CLEVELAND HOLDINGS, INC. EP REALTY HOLDINGS, INC. EP CLEVELAND, INC. FLUID ROUTING KOREA HOLDINGS INC. By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President Signature Page to Fifth Amended and Restated Credit Agreement WARNING – BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON ITS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. OTHER CANADIAN LOAN PARTIES: AJAX TOCCO MAGNETHERMIC CANADA LIMITED By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Secretary SUPPLY TECHNOLOGIES COMPANY OF CANADA By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Secretary Signature Page to Fifth Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., individually as Administrative Agent, as Domestic Issuing Bank, as Ex-Im Issuing Bank, as Ex-Im Revolving Lender, as Domestic Swingline Lender and as a Lender By /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Officer JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian Agent, as Canadian Issuing Bank, as Canadian Swingline Lender and as a Lender By /s/ Xxxxxxxx X. Xxxxxxxxx Name: Xxxxxxxx X. Xxxxxxxxx Title: SVP Signature Page to Fifth Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice-President U.S. BANK NATIONAL ASSOCIATION, Canada Branch, as a Canadian Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President Signature Page to Fifth Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President PNC BANK CANADA BRANCH, as a Canadian Revolving Lender By /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Assistant Vice President Signature Page to Fifth Amended and Restated Credit Agreement RBS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., a subsidiary of RBS Citizens, N.A., as a Lender and as a Canadian Revolving Lender By /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President Signature Page to Fifth Amended and Restated Credit Agreement KEYBANK NATIONAL ASSOCIATION, as a Lender and as a Canadian Revolving Lender B...
OTHER CAUSE. MERRYMEETING, INC. By: /s/ JOHN M. DAVIES ---------------------------------------- Print Name: JOHN M. DAVIES -------------------------------- Its: PRESIDENT --------------------------------------- FIFTH THIRD BANK By: /s/ THOMAS R. WILLIAMS ---------------------------------------- Print Name: THOMAS R. WILLIAMS -------------------------------- Its: VICE PRESIDENT --------------------------------------- FIFTH THIRD BANK (NORTHEAST OHIO) By: /s/ DAVID J. WILLIAMS ------------------------------------ Print Name: DAVID J. WILLIAMS -------------------------------- Its: VICE PRESIDENT --------------------------------------- EXHIBITS TO CREDIT AGREEMENT BETWEEN MERRYMEETING, INC. AND FIFTH THIRD BANK Exhibit 1 Definitions
OTHER CAUSE. WITNESSES: MERRYMEETING, INC. BRIAN M. O'NEILL WITNESS /s/ JOHN M. DAVIES ------------------------ ---------------------------------------- John M. Davies, President
OTHER CAUSE. DOMESTIC BORROWER: PARK-OHIO INDUSTRIES, INC. By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Secretary CANADIAN BORROWER: RB&W CORPORATION OF CANADA By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Secretary Signature Page to Seventh Amended and Restated Credit Agreement EUROPEAN BORROWERS: SUPPLY TECHNOLOGIES (UKGRP) LIMITED, a company incorporated in England and Wales with company number 0725298 By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Director APOLLO AEROSPACE COMPONENTS LIMITED, a company incorporated in England and Wales with a company number 02083500 By /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Director SUPPLY TECHNOLOGIES (IRLG) LIMITED, a company incorporated under the laws of Ireland with a company number 412684 By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Director Signature Page to Seventh Amended and Restated Credit Agreement WARNING – BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON ITS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. OTHER DOMESTIC LOAN PARTIES: AJAX TOCCO MAGNETHERMIC CORPORATION XXXXX & PARK SCREW & BOLT COMPANY APOLLO AEROSPACE COMPONENTS LLC PARK-OHIO FORGED & MACHINED PRODUCTS LLC ATBD, INC. PARK-OHIO PRODUCTS, INC. AUTOFORM TOOL & MANUFACTURING, LLC PHARMACEUTICAL LOGISTICS, INC. XXXXX RUBBER, INC. PHARMACY WHOLESALE LOGISTICS, INC. BLUE FALCON TRAVEL, INC. P-O REALTY LLC CONTROL TRANSFORMER, INC. PRECISION MACHINING CONNECTION LLC ELASTOMEROS TECNICOS MOLDEADOS, INC. RB&W MANUFACTURING LLC EP CLEVELAND HOLDINGS, INC. RED BIRD, INC. EP REALTY HOLDINGS, INC. SNOW DRAGON LLC FECO, INC. ST HOLDING CORP. FLUID ROUTING SOLUTIONS, LLC STMX, INC. GATEWAY INDUSTRIAL SUPPLY LLC SUMMERSPACE, INC. GENERAL ALUMINUM MFG. COMPANY SUPPLY TECHNOLOGIES LLC INDUCTION MANAGEMENT SERVICES, LLC SUPPLY TECHNOLOGIES PROCUREMENT COMPANY, INC. INTEGRATED HOLDING COMPANY THE AJAX MANUFACTURING COMPANY INTEGRATED LOGISTICS HOLDING COMPANY THE XXXXXX XXXX COMPANY INTEGRATED LOGISTICS SOLUTIONS, INC. TOCCO, INC. TW MANUFACTURING CO. WB&R ACQUISITION COMPANY, INC. Each By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Secretary Signature Page to Seventh Amended and Restated Credit Agreement
OTHER CAUSE. BORROWER: EMPYREAN BIOSCIENCE, INC. By: /s/ Brenda K. Brown ------------------- Brenda K. Brown, Vice Prxxxxxxx/ XXO of Empyrean Bioscience, Inc.
OTHER CAUSE. NEOPROBE CORPORATION By: /s/ Davix X. Xxxx ----------------- Name: Davix X. Xxxx Its: President and Chief Executive Officer
