Common use of Prior Note Clause in Contracts

Prior Note. This Note amends and supersedes the obligations of Borrower as evidenced by that certain Promissory Note dated December 13, 2013, in the original principal amount of $10,000,000, made payable by the Borrower to Holder, the original of which is attached hereto and shall not be negotiated separately from this Note (the "Prior Note"). It is the intention of Borrower and Holder that while this Note amends and supersedes the Prior Note, this Note is not in payment, satisfaction or novation of the Prior Note, but rather is the substitution of one evidence of debt for another, without any intent to extinguish the indebtedness of the Borrower to the Holder existing as of the effective date of this Note and evidenced by the Prior Note. The Prior Note shall be returned to Borrower only upon payment in full of this Note. [The remainder of this page is intentionally left blank.] [SIGNATURE PAGE FOR FIRST AMENDED AND RESTATED PROMISSORY NOTE (INVENTORY LOAN)]

Prior Note. This Note amends and supersedes the obligations of Borrower as evidenced by that certain Second Amended and Restated Revolving Promissory Note dated December 13, 2013, in the original principal amount of $10,000,00030,000,000, made payable by the Borrower to Holder, the original of which is attached hereto and shall not be negotiated separately from this Note (the "Prior Note"). It is the intention of Borrower Xxxxxxxx and Holder that while this Note amends and supersedes the Prior Note, this Note is not in payment, satisfaction or novation of the Prior Note, but rather is the substitution of one evidence of debt for another, without any intent to extinguish the indebtedness of the Borrower to the Holder existing as of the effective date of this Note and evidenced by the Prior Note. The Prior Note shall be returned to Borrower only upon payment in full of this Note. [The remainder of this page is intentionally left blank.] [SIGNATURE PAGE FOR FIRST TO THIRD AMENDED AND RESTATED REVOLVING PROMISSORY NOTE (INVENTORY LOAN)NOTE]