SECURED REVOLVING NOTE. FOR VALUE RECEIVED, each of IWT TESORO CORPORATION, a Nevada corporation (the “Parent”), and the other companies listed on Exhibit A attached hereto (such other companies together with the Parent, each a “Company” and collectively, the “Companies”), jointly and severally, promises to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Xxxxxx House, South Church Street, Xxxxxx Town, Grand Cayman, Cayman Islands, Fax: 000-000-0000 (the “Holder”) or its registered assigns or successors in interest, the sum of Five Million Dollars ($5,000,000), , or, if different, the aggregate principal amount of all Loans (as defined in the Security Agreement referred to below), together with any accrued and unpaid interest hereon, on August 25, 2008 (the “Maturity Date”) if not sooner indefeasibly paid in full. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Security Agreement among the Companies and the Holder dated as of the date hereof (as amended, modified and/or supplemented from time to time, the “Security Agreement”). This Amended and Restated Secured Revolving Note (the “Note”) replaces in its entirety that certain Secured Revolving Note issued by the Companies to the Holder on August 24, 2005 (such note, the “Original Note”). The following terms shall apply to this Amended and Restated Secured Revolving Note (this “Note”):
SECURED REVOLVING NOTE. FOR VALUE RECEIVED, each of XXXXXX EQUIPMENT, INC. (f/k/a Maxim Mortgage Corporation), a Delaware corporation (“Xxxxxx Equipment”), and XXXXXX VENTURES, INC., a Delaware corporation (“Xxxxxx Ventures” and together with Xxxxxx Xxxxxxxxx, each a “Borrower” and collectively the “Borrowers”), jointly and severally promises to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Xxxxxx House, South Church Street, Xxxxxx Town, Grand Cayman, Cayman Islands, Fax: 000-000-0000 (the “Holder”) or its registered assigns, on order, the sum of Twenty Two Million Dollars ($22,000,000) or, if different, the aggregate principal amount of all “Revolving Loans” (as such term is defined in the Security Agreement referred to below), together with any accrued and unpaid interest hereon, on November 9, 2007 (the “Maturity Date”) Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Security and Purchase Agreement among the Borrowers and the Holder dated as of November 9, 2004 (as amended, modified and supplemented from time to time, the “Security Agreement”). The following terms shall apply to this Note:
SECURED REVOLVING NOTE. FOR VALUE RECEIVED, XXX.XXX, INC., a Delaware corporation (the “Borrower”), promises to pay to LAURUS MASTER FUND, LTD., c/o Ironshore Corporate Services Ltd., P.O. Box 1234 G.T., Queensgate House, South Church Street, Grand Cayman, Cayman Islands, Fax: 000-000-0000 (the “Holder”) or its registered assigns, on order, the sum of Seven Hundred Fifty Thousand Dollars ($750,000) without duplication of any amounts owing by Borrower to Holder under the Minimum Borrowing Notes (as defined in the Security Agreement referred to below), or, if different, the aggregate outstanding principal amount of all “Loans” made and allocated hereto (as such term is defined in the Security Agreement referred to below), together with any accrued and unpaid interest hereon, on November 1, 2006 (the “Maturity Date”). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Security Agreement between the Borrower and the Holder dated as of August 31, 2004 (as amended, modified and supplemented from time to time, the “Security Agreement”). The following terms shall apply to this Amended and Restated Secured Revolving Note (this “Note”):
SECURED REVOLVING NOTE. FOR VALUE RECEIVED, each of IWT TESORO CORPORATION, a Nevada corporation (the “Parent”), and the other companies listed on Exhibit A attached hereto (such other companies together with the Parent, each a “Company” and collectively, the “Companies”), jointly and severally, promises to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, X.X. Xxx 000 XX, Xxxxxx House, South Church Street, Xxxxxx Town, Grand Cayman, Cayman Islands, Fax: 000-000-0000 (the “Holder”) or its registered assigns or successors in interest, the sum of Five Million Dollars ($5,000,000), without duplication of any amounts owing by the Companies to the Holder under the Minimum Borrowing Notes (as defined in the Security Agreement referred to below), or, if different, the aggregate principal amount of all Loans (as defined in the Security Agreement referred to below), together with any accrued and unpaid interest hereon, on August 25, 2008 (the “Maturity Date”) if not sooner indefeasibly paid in full. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Security Agreement among the Companies and the Holder dated as of the date hereof (as amended, modified and/or supplemented from time to time, the “Security Agreement”). The following terms shall apply to this Secured Revolving Note (this “Note”):
SECURED REVOLVING NOTE. All Ancillary Agreements (as such term is defined in the Security and Purchase Agreement) shall have been executed and delivered by the Company and Essential to the Holder dated as of the date hereof, and executed and delivered by Pacific and Earth Source dated as of the First Advance Date;
SECURED REVOLVING NOTE. FOR VALUE RECEIVED, each of PROLINK HOLDINGS CORP., a Delaware corporation (the “Parent”), and the other companies listed on Schedule 1 attached hereto (such other companies together with the Parent, each a “Company” and collectively, the “Companies”), hereby, jointly and severally, promises to pay to CALLIOPE CAPITAL CORPORATION (the “Holder”) or its registered assigns or successors in interest, the sum of Six Million Dollars ($6,000,000), or, the Holder’s Revolving Commitment Percentage of if different, the aggregate principal amount of all Revolving Loans (as defined in the Security Agreement referred to below), together with any accrued and unpaid interest hereon, on August 31, 2010 (the “Maturity Date”) if not sooner indefeasibly paid in full. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Amended and Restated Security Agreement dated as of the date hereof (as amended, restated, modified and/or supplemented from time to time, the “Security Agreement”) among the Companies, the Holder, each other Lender and LV Administrative Services, Inc., as administrative and collateral agent for the Lender (the “Agent” together with the Lenders, collectively, the “Creditor Parties”). The following terms shall apply to this Amended and Restated Secured Revolving Note (this “Note”):
