SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.

Appears in 1 contract

Samples: Agreement

Appears in 1 contract

Samples: Business Loan Agreement (Scotts Liquid Gold Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~MINISTRY PARTNERS INVESTMENT CORPORATION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.CALIFORNIA CORPORATION

Appears in 1 contract

Samples: Business Loan Agreement (Ministry Partners Investment Corp)

SUCCESSOR INTERESTS. The ~~terms of this Note shall~~ termx xx xxxx Xxxx xxxxx be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. SECTION DISCLOSURE. To the extent not preempted by federal law, this loan is made under Minnesota Statutes, Section 47.59. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE~~, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS~~. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION,~~ PRO URO CARE INC. By~~:________________________________________________ Xxxxxx X. Xxxxxx~~: /s/ Maurice R. Taylor II ------------------------------------------------- Xxxxxxx R. Taylor II, ~~President~~ Chairman and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.Pro Uro Care Inc.

Appears in 1 contract

Samples: ProUroCare Medical Inc.

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~Xxxxxxxx, and upon ~~Borrower~~Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. , GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect ~~Lender~~Xxxxxx's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that ~~Lender~~ Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. ~~PRIOR TO SIGNING~~ THIS ~~NOTE, EACH BORROWER READ~~ NOTE IS GIVEN UNDER SEAL AND ~~UNDERSTOOD ALL~~ IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE ~~PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT~~ EFFECT OF A ~~COMPLETED COPY OF THIS PROMISSORY NOTE~~SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ~~RESOURCES CONNECTION~~AMERICAN CONSUMERS, INC. DBA SHOP RITE By~~:________________________________________________ Xxxxxx~~ : /s/ Xxxxxxx X. ~~Xxxxxx~~Xxxxxxxxxx (Seal) By: /s/ Xxxx X. Xxxx (Seal) -------------------------------------- ---------------------------------------- XXXXXXX X. XXXXXXXXXX, President ~~and CEO~~ of ~~Resources Connection~~XXXX X. XXXX, ~~Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx~~Chief Financial Officer of AMERICAN CONSUMERS, ~~President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx~~INC. DBA SHOP RITE AMERICAN CONSUMERS, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender")INC. ~~Provisions in this Exhibit replace and supersede conflicting provisions in the Note.~~DBA SHOP RITE

Appears in 1 contract

Samples: Promisory Note (American Consumers Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC NOTE (Continued) Page 4 ================================================================================ ~~Customer # ____________~~ PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: NEWPORT CORPORATION By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxx ----------------------------------- -------------------------------- Xxxxxxx X. Xxxxxx, VP of Finance Xxxxxxx X. Xxxxx, VP & General & Treasurer of Newport Corporation Counsel of Newport Corporation ================================================================================ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("================================================================================ Borrower~~") and made payable to the order of~~ : Newport Corporation Lender: Bank of America, N.A. 0000 Xxxxx Xxxxxx XXXX-Xxxxxxxxxx Xxxxxxx (~~"Lender"). Provisions~~ XX) Xxxxxx, XX 00000 CA9-703-11-11 000 Xxxxx Xxxxxxx Xxxxxx, 11th Floor Los Angeles, CA 90017-1486 ================================================================================ This EXHIBIT TO NOTE is attached to and by this reference is made a part of the Promissory Note, dated September 25, 2002, and executed in ~~this Exhibit replace~~ connection with a loan or other financial accommodations between BANK OF AMERICA, N.A. and ~~supersede conflicting provisions in the Note~~Newport Corporation.

Appears in 1 contract

Samples: Newport Corp

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION,~~ PYRAMID BREWERIES INC. By~~:________________________________________________ Xxxxxx X. Xxxxxx~~: /s/ JAMES K. HILGER --------------------------------- JAMES K. HILGER, ~~President~~ CFO & XXXXXXXXX OF PYRAMID BREWERIES INC. (ILLEGIBLE DATA) BUSINESS LOAN AGREEMENT (ASSET BASED) PRINCIPAL LOAN DATE MATURITY LOAN NO CALL / COLL ACCOUNT OFFICER INITIALS ------------- ---------- ---------- ------------ ----------- ------- ------- -------- $2,000,000.00 05-14-2004 05-14-2006 77-100239-01 MARK References in the shaded arex xxx xxx Xxnder's use only and ~~CEO~~ do not lixxx the applicability of ~~Resources Connection~~this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. BORROWER: PYRAMID BREWERIES INC. LENDER: FIRST MUTUAL BANK 91 SOUTH ROYAL BROUGHAM WAY BUSINESS BANKING SEATTLE, ~~Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx~~WA 98134 400 - 108TH AVE NE PO BOX 1647 XXXXXXXX, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE XX 00000 (~~the "Note"~~000) 000-0000 XXXX XXXXXXXX XOAN AGREEMENT (ASSET BASED) dated ~~August 22~~May 14, ~~2001~~2004, ~~executed by Resources Connection,~~ ix xxxx xxx xxxcuted between Pyramid Breweries Inc. ~~and Resources Connection LLC~~ ("Borrower") and ~~made payable to the order of~~ First Mutual Bank ~~of America, N.A.~~ ("Lender") on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). ~~Provisions~~ Borrower understands and agrees that: (A) In granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this ~~Exhibit replace~~ Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and ~~supersede conflicting provisions in~~ discretion; and (C) all such Loans shall be and remain subject to the ~~Note~~terms and conditions of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Pyramid Breweries Inc)

Appears in 1 contract

Samples: Arts Way Manufacturing Co Inc

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~Bxxxxxxx, and upon ~~Borrower~~Bxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: PACIFIC COAST BANKERS' BANK 300 XXXX XXXXXX, XXXXX 000 XXX XXXXXXXXX, XX 00000 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect ~~Lender~~Lxxxxx's security interest in the collateral; and take any other action deemed necessary by ~~Lender~~ Lxxxxx without the consent of or notice to anyone. All such parties also agree that ~~Lender~~ Lxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY ~~NOTE. BORROWER~~NOTE Loan No: RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC 7001548/1549 (Continued) Page 3 ================================================================================ ~~Customer # ____________ EXHIBIT~~ PRIOR TO SIGNING THIS NOTE, BXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BXXXXXXX AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A ~~TO NOTE -----------------~~ COMPLETED COPY OF THIS ~~EXHIBIT is attached to and becomes a part~~ PROMISSORY NOTE. BORROWER: COMMUNITY BANCORP INC By: /s/ Gxxxxxx Hxxxx By: /s/ L. Xxxxx Xxxxx ------------------------------ -------------------------------------- Gxxxxxx Hxxxx, Chairman of the ~~$10,000,000 PROMISSORY NOTE (the "Note") dated August 22~~L. Xxxxx Xxxxx, ~~2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order~~ Sr. Vice President/CFO Board of ~~Bank~~ Community Bancorp Inc of ~~America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.~~Community Bancorp Inc ================================================================================

Appears in 1 contract

Samples: Promissory Note (Community Bancorp Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ’s heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: City National Bank of West Virginia, 20 Xxxxxxxxx Xxxx, XX Xxx 0000, Xxxxx Xxxxx, XX 00000-0000 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's ’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are ~~joint~~ Joint and several. WEST VIRGINIA INSURANCE NOTICE. Unless Borrower provides Lender with evidence of the Insurance coverage required by Borrower’s agreement with Lender, Lender may purchase insurance at Borrowers expense to protect Lender’s interests in the collateral. This insurance may, but need not, protect Borrower’s Interests. The coverage that Lender purchases may not pay any claim that Borrower makes or any claim that is made against Borrower in connection with the collateral. Borrower may later cancel any Insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained Insurance as required by their agreement. If Lender purchases insurance for the collateral’ Borrower will be responsible for the costs of that Insurance, including interest and any other charges Lender may impose in connection with the placement of the Insurance, until the affective date of the cancellation or expiration of the insurance. The costs of the insurance may be added to Borrower’s total outstanding balance or obligation. The costs of the insurance may be more than the cost of insurance Borrower may be able to obtain on Borrower’s own. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~CHAMPION INDUSTRIES, INC. By~~:________________________________________________ Xxxxxx X. Xxxxxx~~: TXXX X XXX, ~~President and CEO~~ VICE PRESIDENT & CFO of ~~Resources Connection~~CHAMPION INDUSTRIES, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the NoteINC.

Appears in 1 contract

Samples: Loan Agreement (Champion Industries Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~Xxxxxxxx, and upon ~~Borrower~~Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. , GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect ~~Lender~~Xxxxxx's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that ~~Lender~~ Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. ~~PRIOR TO SIGNING~~ THIS ~~NOTE, EACH BORROWER READ~~ NOTE IS GIVEN UNDER SEAL AND ~~UNDERSTOOD ALL~~ IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE ~~PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT~~ EFFECT OF A ~~COMPLETED COPY OF THIS PROMISSORY NOTE~~SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ~~RESOURCES CONNECTION~~AMERICAN CONSUMERS, INC. DBA SHOP RITE By~~:________________________________________________ Xxxxxx~~ : /s/ Xxxxxxx X. ~~Xxxxxx~~Xxxxxxxxxx (Seal) By: /s/ Xxxx X. Xxxx (Seal) -------------------------------------- ---------------------------------------- XXXXXXX X. XXXXXXXXXX, President of XXXX X. XXXX, Chief Financial Officer of AMERICAN CONSUMERS, INC. DBA SHOP RITE AMERICAN CONSUMERS, INC. DBA SHOP RITE PROMISORY NOTE -------------------------------------------------------------------------------- PRINCIPAL LOAN DATE MATURITY LOAN NO CALL/COLL ACCOUNT OFFICER INITIALS $56,000.00 07-25-2008 08-05-2013 452 086 -------------------------------------------------------------------------------- References in the boxes above are for Lender's use only and ~~CEO~~ do not limit the applicability of ~~Resources Connection~~this document to any particular loan or item. Any item above containing "- - - " has been omitted due to text length limitations. -------------------------------------------------------------------------------- BORROWER: AMERICAN CONSUMERS, ~~Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx~~INC. DBA SHOP RITE LENDER: GATEWAY BANK & TRUST 00 XXXXXX XXX XXXX XXXXXXXXX, ~~President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx~~XX 00000 0000 XXXXXXX XXX XXXXXXXX, ~~Secretary of Resources Connection LLC~~ XX 00000 (000) 000-0000 ================================================================================ ~~Customer # ____________ EXHIBIT A~~ Principal Amount: $56,000.00 Date of Note: July 25, 2008 PROMISE TO ~~NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22~~PAY. AMERICAN CONSUMERS, ~~2001, executed by Resources Connection, Inc. and Resources Connection LLC~~ INC. DBA SHOP RITE ("Borrower") ~~and made payable~~ promises to ~~the order of Bank of America, N.A.~~ pay to GATEWAY BANK & TRUST ("Lender")~~. Provisions~~ , or order, in ~~this Exhibit replace and supersede conflicting provisions~~ lawful money of the United States of America, the principal amount of Fifty-Six Thousand & 00/100 Dollars ($56,000.00), together with interest on the unpaid principal balance from July 25, 2008, until paid in ~~the Note~~full.

Appears in 1 contract

Samples: Promisory Note (American Consumers Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ’s heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPROT OT CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracies should be sent to us at the following address: FIRST SENTRY BANK X.X. XXX 0000 XXXXXXXXXX, XX 00000. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations, presentment~~presentiment, demand for payment, and notice of dishonor. Upon any change in ~~the~~ terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released ~~from~~ form liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's ’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the ~~modification is~~ modifications are made. ~~The obligations under this~~ Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS~~. EACH~~ , BORROWER AGREES TO ~~THE~~ TERMS OF ~~THE~~ THIS NOTE. BORROWER ~~ACKNOWLEDGES~~ ACKNOWLEDTGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~STATIONERS, INC. By~~:______________________~~: Copy__________________________ ~~Xxxxxx~~ X. ~~Xxxxxx~~Xxx Xxxxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part Chairman of the ~~$10,000,000 PROMISSORY NOTE (the "Note") dated August 22~~Board of Stationers, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.Inc.

Appears in 1 contract

Samples: Champion Industries Inc

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~Xxxxxxxx, and upon ~~Borrower~~Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect ~~Lender~~Xxxxxx's security interest in the collateral; and take any other action deemed necessary by ~~Lender~~ Xxxxxx without the consent of or notice to anyone. All such parties also agree that ~~Lender~~ Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD. AFTER THE PROMISSORY NOTE (Continued) Page 3 OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER. TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT. OR A SERIES OF JUDGMENTS. AGAINST THE BORROWER IN FAVOR OF XXXXXX OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE. ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER. TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO. THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT ; WARRANT. THE BORROWER HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT. STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAYBE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT XXXXXX MAY RECOVER FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY XXXXXX. PRIOR TO SIGNING THIS NOTE, ~~EACH BORROWER~~ XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH BORROWER~~ XXXXXXXX AGREES TO THE TERMS OF THE NOTE. ~~BORROWER ACKNOWLEDGES RECEIPT~~ THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A ~~COMPLETED COPY OF THIS PROMISSORY NOTE~~SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ~~RESOURCES CONNECTION~~BETTER SOLUTIONS, INC. By:: ____________________________~~____________________ Xxxxxx X. Xxxxxx~~(Seal) XXXX X XXXX, President ~~and CEO~~ of ~~Resources Connection~~BETTER SOLUTIONS, ~~Inc. RESOURCES CONNECTION LLC~~ INC. By:: _________________________~~_______________________ Xxxxxx X. Xxxxxx~~(Seal) XXXXXXX X XXXXXXXX, Vice President ~~and CEO~~ of ~~Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx~~BETTER SOLUTIONS, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the NoteINC.

Appears in 1 contract

Samples: World Health Alternatives Inc

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ~~heirs~~hxxxx, ~~personal representatives~~xersonal repxxxxxxxxives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this ~~loan~~ loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in ~~the collateral~~thx xxxxateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan ~~without~~ wxxxxxx the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC NOTE Page 3 (CONTINUED) ================================================================================ ~~Customer #~~ THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Freedom Bank (I/O) By:/s/ James S. Purcell (XXXX) ----------------------------------------------- James S. Purcell, Member of Freedxx Xxxx, (X/X) By:/s/ Richard S. Adams (XXXX) ----------------------------------------------- Richard S. Adams, Member of Freedxx Xxxx, (X/X) By:/s/ William Keith Ariail (XXXX) ----------------------------------------------- William Keith Ariail, Member of Fxxxxxx Xxxx, (X/X) By:/s/ Thomas H. Hardy (XXXX) ---------------------------------------------- Thomas H. Hardy, Member of Freedox Xxxx, (X/X) By:/s/ Verlin L. Reece (XXXX) ----------------------------------------------- Verlin L. Reece, Member of Freedox Xxxx, (X/X) By:/s/Harold C. Davis (XXXL) ---------------------------------------------- Harold C. Davis, Member of Freedox Xxxx, (X/X) COMMERCIAL GUARANTY ------------------------------------------------------------------------------------- PRINCIPAL LOAN DATE MATURITY LOAN NO CALL COLLATERAL ACCOUNT OFFICER INITIALS JBS ------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. ------------------------------------------------------------------------------------- Borrower: Freedom Bank (I/O) Lender: THE BANKERS BANK P.O. Box 788 2410 PACES FERRY ROAD Xxxxxxxx, XX 00000 000 XXXXX XXMMIT XXXXXXX, XX 00000 Xxxxxxxxx: ______________________ ~~EXHIBIT A~~ P.O. Box 788 Commerce, GA 30529 ================================================================================ AMOUNT OF GUARANTY. The amount of this Guaranty is Five Hundred Thousand & 00/100 Dollars ($500,000.00). CONTINUING GUARANTY. IN CONSIDERATION OF THE SUM OF FIVE DOLLARS ($5.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF WHICH ARE HEREBY ACKNOWLEDGED BY GUARANTOR AND TO ~~NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE~~ INDUCE LENDER TO MAKE LOANS OR OTHERWISE EXTEND CREDIT TO BORROWER, OR TO RENEW OR EXTEND IN WHOLE OR IN PART ANY EXISTING INDEBTEDNESS OF BORROWER TO LENDER, OR TO MAKE OTHER FINANCIAL ACCOMMODATIONS TO BORROWER, _______________ (~~the~~ "~~Note~~GUARANTOR") ~~dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC~~ ABSOLUTELY AND UNCONDITIONALLY GUARANTEES AND PROMISES TO PAY TO THE BANKERS BANK ("~~Borrower~~LENDER") ~~and made payable to the order of Bank of America~~OR ITS ORDER, ~~N.A.~~ IN LEGAL TENDER OF THE UNITED STATES OF AMERICA, THE INDEBTEDNESS (AS THAT TERM IS DEFINED BELOW) OF FREEDOM BANK (I/O) ("~~Lender~~BORROWER")) TO LENDER ON THE TERMS AND CONDITIONS SET FORTH IN THIS GUARANTY. ~~Provisions in this Exhibit replace and supersede conflicting provisions in the Note~~THE OBLIGATIONS OF GUARANTOR UNDER THIS GUARANTY ARE CONTINUING.

Appears in 1 contract

Samples: Promissory Note (Freedom Bancshares Inc)

SUCCESSOR INTERESTS. The terms of this Note ~~shall~~ shell be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. ~~Each Borrower understands and agrees that, with or without notice to~~ Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, ~~waive~~ waives any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, ~~no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser,~~ Borrower shall not be released from liability. ~~All such parties agree~~ Borrower agrees that Lender may renew or extend (repeatedly and for any length of time) this ~~loan~~ Note and/or the Business Loan Agreement or release any party ~~or guarantor~~ or collateral; or impair, fail to realize upon or perfect Lender's security interest in the ~~collateral~~Collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~NIKU CORPORATION BY: /S/ JOSHUA PICKUS --------------------------------------- JOSHUA XXXXXX, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.XXXXX FINANCIAL OFFICER OF NIKU CORPORATION

Appears in 1 contract

Samples: Business Loan Agreement (Niku Corp)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ’s heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that ~~Lender~~ Lander may renew or extend (repeatedly and for any length of ~~time~~the) this loan or release any party ~~or guarantor~~ u guarantee or collateral; or impair, fail to realize upon or perfect Lender's ’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~CHAMPION INDUSTRIES, INC. ~~By:________________________________________________ Xxxxxx X. Xxxxxx~~By : TXXXX XXXXXX, Vice President ~~and CEO of Resources Connection~~at CHAMPION INDUSTRIES, ~~Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx~~INC. LENDER: COMMUNITY TRUST BANK, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender")INC. ~~Provisions in this Exhibit replace and supersede conflicting provisions in the Note.~~Authorized Signer

Appears in 1 contract

Samples: Champion Industries Inc

Appears in 1 contract

Samples: Business Loan Agreement (Kennedy Wilson Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION, INC.~~ VIDEO INTERN BROADCASTING CORPORATION By~~:________________________________________________ Xxxxxx X. Xxxxxx~~: /s/W.KellyRyan ----------------------- W. XXXXX XXXX, President ~~and CEO~~ of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.VIDEO

Appears in 1 contract

Samples: Business Loan Agreement (Homenet Corp)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY US (LENDER) AFTER OCTOBER 3, 1989 CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF ~~THE~~ THIS NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~Portland Brewing Company By: Xxxxxxx X. Xxxxx, ~~INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and~~ President/CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A Portland Brewing Company ADDENDUM TO PROMISSORY NOTE ~~----------------- THIS EXHIBIT~~ This Addendum to Promissory Note ("Addendum") is attached to and ~~becomes~~ by this reference made a part of the ~~$10,000,000 PROMISSORY NOTE (the "Note")~~ Promissory Note dated ~~August 22~~September 14, 2001, and executed ~~by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable~~ in connection with a Loan from Washington Mutual Bank doing business as Western Bank to ~~the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note~~Portland Brewing Company.

Appears in 1 contract

Samples: Business Loan Agreement (Portland Brewing Co /Or/)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Pacific Western National Bank P. 0. Xxx 000000 Xxxxxxxx, XX 00000-0000 GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~XXXXXXX-XXXXXX, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ : /s/ Xxxxxxx X. XxXxxxxx By: /s/ Xxxxxxx X. Xxxx --------------------------------------------- ------------------------------------------- Xxxxxxx X. XxXxxxxx, Chairman of the Board of Xxxxxxx X. Xxxx, Chief Financial Officer of Xxxxxxx-Xxxxxx~~, Secretary of Resources Connection LLC~~ ,Inc. Xxxxxxx-Xxxxxx,Inc. ================================================================================ ~~Customer # ____________ EXHIBIT A~~ CORPORATE RESOLUTION TO ~~NOTE ----------------- THIS EXHIBIT is attached~~ BORROW ------------------------------------------------------------------------------------------ Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $5,000,000.00 01-27-2003 01-27-2006 02014155 710 /s/ [ILLEGIBLE] ------------------------------------------------------------------------------------------ -------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " *** " has been omitted due to text length limitations -------------------------------------------------------------------------------- Borrower: Xxxxxxx-Xxxxxx, Inc. Lender: Pacific Western National Bank 9601 Wilshire Boulevard Suite 000 Xxxxxxx Xxxxx Office Beverly Hills, CA 90210 0000 Xxxxxxxx Xxxxxxxxx Xxxxxxx Xxxxx, XX 00000 ================================================================================ WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE CORPORATION'S EXISTENCE. The complete and ~~becomes a part~~ correct name of the ~~$10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection~~Corporation is Xxxxxxx-Xxxxxx, Inc. ~~and Resources Connection LLC~~ ("~~Borrower") and made payable to the order of Bank of America, N.A. ("Lender~~Corporation"). ~~Provisions~~ The Corporation is a corporation for profit which is, and at all times shall be, duly organized, validly existing, and in ~~this Exhibit replace~~ good standing under and ~~supersede conflicting provisions~~ by virtue of the laws of the State of Delaware. The Corporation is duly authorized to transact business in all other states in which the Corporation is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which the Corporation is doing business. Specifically, the Corporation is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. The Corporation has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. The Corporation maintains an office at 0000 Xxxxxxxx Xxxxxxxxx Xxxxx 000, Xxxxxxx Xxxxx, XX 00000. Unless the Corporation has designated otherwise in writing, the principal office is the office at which the Corporation keeps its books and records. The Corporation will notify Lender prior to any change in the ~~Note~~location of the Corporation's state of organization or any change in the Corporation's name. The Corporation shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to the Corporation and the Corporation's business activities.

Appears in 1 contract

Samples: Business Loan Agreement (Kennedy Wilson Inc)

Appears in 1 contract

Samples: Business Loan Agreement (Ministry Partners Investment Corp)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and ~~its~~ Lender's successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of ~~time~~lime) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~CHICAGO PIZZA & BREWERY, INC. ~~By:________________________________________________ Xxxxxx X. Xxxxxx~~ERNEST T. KLINGER, ~~President and CEO of Resources Connection~~PRESIDENT XX XXXXXXX XXXXX & BREWERY, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT INC. ADDENDUM "A" LIBOR/RATE ADDENDUM This Addendum A ~~TO NOTE ----------------- THIS EXHIBIT~~ is attached to and ~~becomes~~ made a part of the ~~$10,000,000 PROMISSORY NOTE~~ Promissory Note (the "Note") dated ~~August 22~~February 15, ~~2001~~2000, ~~executed by Resources Connection~~between Chicago Pizza & Brewery, Inc. ~~and Resources Connection LLC~~ ("Borrower") and ~~made payable to the order of~~ Washington Mutual Bank, doing business as WM Business Bank ~~of America, N.A.~~ ("'Lender"'). ~~Provisions in this Exhibit replace~~ This Addendum is subject to all the terms and ~~supersede conflicting provisions in~~ conditions of the remainder of the Note.. LENDER AND BORROWER agree as follows:

Appears in 1 contract

Samples: Business Loan Agreement (Chicago Pizza & Brewery Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~Bxxxxxxx, and upon ~~Borrower's~~ Bxxxxxxx’s heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect ~~Lender's~~ Lxxxxx’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that ~~Lender~~ Lxxxxx may modify this ~~loan~~ Note without the consent of or notice to anyone other than the party with whom the modification is made. ~~The obligations under~~ No waiver of any of Lxxxxx’s rights hereunder, and no modification or amendment of this ~~Note are joint and several. PRIOR TO SIGNING THIS NOTE~~Note, ~~EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE~~shall be deemed to be made by Lender unless the same shall be in writing, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO duly signed on behalf of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable Lender; each such waiver shall apply only with respect to the ~~order~~ specific instance involved, and shall in no way impair the rights of ~~Bank~~ Lender or the obligations of ~~America, N.A. ("Lender"). Provisions~~ Borrower to Lender in ~~this Exhibit replace and supersede conflicting provisions in the Note~~any other respect at any other time.

Appears in 1 contract

Samples: Financing, License and Sourcing Agreement (Masterworks Vault 5, LLC)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ’s heirs, personal ~~representatives,~~ representatives successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's ’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All ~~such~~ Such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. SECTION DISCLOSURE. To the extent not preempted by federal law, this loan is made under Minnesota Statutes, Section 47.59. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, . INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~UROPLASTY, INC. ~~By:________________________________________________ Xxxxxx~~ By /s/ Sxx X. ~~Xxxxxx~~Hxxxxxxxx Sxx X. Hxxxxxxxx, President ~~and~~ & CEO of ~~Resources Connection~~Uroplasty, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Notelnc.

Appears in 1 contract

Samples: Business Loan Agreement (Uroplasty Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ~~heirs~~heixx, ~~personal representatives~~xxxxonal represxxxxxxxxs, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the ~~collateral~~xxxxxteral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan ~~without the~~ withoxx xxx consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. ~~PRIOR TO SIGNING~~ THIS ~~NOTE, EACH BORROWER READ~~ NOTE IS GIVEN UNDER SEAL AND ~~UNDERSTOOD ALL~~ IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE ~~PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT~~ EFFECT OF A ~~COMPLETED COPY OF THIS PROMISSORY NOTE~~SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ~~RESOURCES CONNECTION~~GEORGIA BANCSHARES, INC. By~~:________________________________________________ Xxxxxx X. Xxxxxx~~: /s/ Ira Pat Shepherd, III ------------------------------------------------ Ira Pat Shepherd, III, President ~~and CEO of Resources Connection~~xx Xxxxxxx Bancshares, Inc. ~~RESOURCES CONNECTION LLC~~ LENDER: THE BANKERS BANK By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.: ------------------------------------------------ Authorized Signer

Appears in 1 contract

Samples: Promissory Note (Georgia Bancshares Inc//)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~Xxxxxxxx, and upon ~~Borrower~~Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. ~~Each Borrower understands and agrees that, with or without notice to Borrower~~In addition, Lender shall have all the rights and remedies provided in the related documents or available at law, in equity, or otherwise. Except as may ~~with respect~~ be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Xxxxxx to pursue any remedy shall not exclude pursuit of any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfectremedy, and ~~release any security, with~~ an election to make expenditures or ~~without the substitution~~ to take action to perform an obligation of ~~new collateral; (d) apply such security~~ Borrower shall not affect Xxxxxx's right to declare a default and ~~direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in~~ to exercise its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; rights and ~~(f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower~~remedies. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect ~~Lender~~Xxxxxx's security interest in the collateral; and take any other action deemed necessary by ~~Lender~~ Xxxxxx without the consent of or notice to anyone. All such parties also agree that ~~Lender~~ Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. SECTION DISCLOSURE. To the extent not preempted by federal law, this loan is made under Minnesota Statutes, Section 47.59. PRIOR TO SIGNING THIS NOTE, ~~EACH BORROWER~~ XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE~~, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS~~. ~~EACH BORROWER~~ XXXXXXXX AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~PRO URO CARE, INC. By~~:________________________________________________~~ : /s/ Xxxxxxx X. Xxxxxx XX ---------------------------------------------- Xxxxxxx X. ~~Xxxxxx~~Xxxxxx XX, ~~President and~~ Chairman & CEO of ~~Resources Connection~~Pro Uro Care, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.Inc.

Appears in 1 contract

Samples: Promissory Note (ProUroCare Medical Inc.)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's ~~heirs~~hexxx, ~~personal representatives~~xxrsonal reprxxxxxxxxves, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the ~~collateral~~xxxxxteral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan ~~without~~ wixxxxx the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint ~~and~~ end several. ~~PRIOR TO SIGNING~~ THIS ~~NOTE, EACH BORROWER READ~~ NOTE IS GIVEN UNDER SEAL AND ~~UNDERSTOOD ALL~~ IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE ~~PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT~~ EFFECT OF A ~~COMPLETED COPY OF THIS PROMISSORY NOTE~~SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ~~RESOURCES CONNECTION~~SOUTHEAST COMMUNITY INVESTORS, ~~INC. By:________________________________________________ Xxxxxx X. Xxxxxx~~LLC BY: ------------------------------------------ LLOYD GUNTER, ~~President and~~ PRESIDENT & CEO ~~of Resources Connection~~XX XXXXHEAST COMMUNITY INVESTORS, ~~Inc. RESOURCES CONNECTION~~ LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC LENDER: THE BANKERS BANK X ------------------------------------------ Authorized Signer ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"). Provisions in this Exhibit replace and supersede conflicting provisions in the Note.=

Appears in 1 contract

Samples: Promissory Note (Community Bank of Georgia Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. ~~PRIOR~~ If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO ~~SIGNING~~ APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, ~~EACH BORROWER READ~~ TOGETHER WITH COSTS OF SUIT, AND ~~UNDERSTOOD ALL THE PROVISIONS~~ AN ATTORNEY'S COMMISSION OF ~~THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS~~ TEN PERCENT (10%) OF THE ~~NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS~~ UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, PROMISSORY NOTE. BORROWER: RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC NOTE Page 4 (Continued) ================================================================================ ~~Customer # ____________ EXHIBIT~~ BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE ~~-----------------~~ IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS ~~EXHIBIT~~ NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: BAY NATIONAL CORPORATION By: /s/ Xxxx X. Xxxxxx (SEAL) By: /s/ Xxxx X. Xxxxxxx (SEAL) ----------------------- ------------------------ Xxxx X. Xxxxxx, President of Xxxx X. Xxxxxxx, Vice President/ Bay National Corporation CFO of Bay National Corporation ATTEST: /s/ Xxxx X. Xxxxxxx [CORPORATE SEAL] -------------------------------- Secretary or Assistant Secretary ================================================================================ x ------------------------ Witness ADDENDUM TO PROMISSORY NOTE --------------------------- THIS ADDENDUM is attached to to, and ~~becomes~~ made a part of that certain Promissory Note dated September 28, 2004, in the maximum principal amount of $~~10,000,000 PROMISSORY NOTE~~ 5,000,000.00 (the "Note") ~~dated August 22, 2001,~~ executed and delivered by ~~Resources Connection, Inc. and Resources Connection LLC~~ Bay National Corporation ("Borrower") ~~and made payable~~ to ~~the order of~~ Xxxxxx Bank ~~of America, N.A.~~ ("Lender"). ~~Provisions~~ This Addendum sets forth certain modified or supplemental provisions of the Note. All terms which are defined in the Note and not otherwise defined in this ~~Exhibit replace and supersede conflicting provisions~~ Addendum shall have the meanings ascribed to them in the Note.

Appears in 1 contract

Samples: Business Loan Agreement (Bay National Corp)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ~~Borrower~~borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~ALLERGY RESEARCH GROUP, INC., A FLORIDA CORPORATION By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxx Xxxxxx ----------------------------------- --------------------------------- XXXXXXX XXXXXX President of ALLERGY XXXXX XXXXXX, Secretary of ALLERGY RESEARCH GROUP. ~~By:________________________________________________ Xxxxxx X.~~ INC., A FLORIDA RESEARCH GROUP, INC., A FLORIDA CORPORATION CORPORATION CITY NATIONAL BANK COMMERCIAL BANKING CENTER 000 XXXXXXXX XXXX XXXXXXXXXX, XXXXXXXXXX 00000 Supplemental Terms Letter May 18, 2001 Attention: Dr. Xxxxxxx Xxxxxx, President ~~and CEO~~ Allergy Research Group Inc. 00000 Xxxxxxx Xxxxxx, Hayward, CA 94544 Re: Promissory Note dated 6/5/2001, in the Original Principal Sum of ~~Resources Connection~~$1,200,000 executed by Allergy Research Group, Inc. ~~RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X.~~ in favor of City National Bank ("CNB") Dear Xx. Xxxxxx: This is to confirm that CNB will extend the credit facility more completely described in the enclosed Note, ~~President~~ subject to the additional terms and ~~CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx~~conditions set forth herein. Capitalized terms not defined in this letter have the meanings given them in the Note. This letter is hereby incorporated into the Note (this letter and the Note, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to and becomes a part of the $10,000,000 PROMISSORY NOTE (collectively, the "Note"~~) dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank of America, N.A. ("Lender"~~)~~. Provisions in this Exhibit replace and supersede conflicting provisions in the Note~~.

Appears in 1 contract

Samples: City National (Allergy Research Group Inc)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive ~~any applicable statute of limitations,~~ presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE~~, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS~~. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION, INC. By:________________________________________________ Xxxxxx X. Xxxxxx~~THE XXXXX ELECTRONICS CORPORATION By:/s/ Xxxx H.D. Xxxxx Sworn and subscribed before Xxxx H. D. Xxxxx, President of The Xxxxx me this 24th day of February Electronics Corporation 2005 /s/ Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx Notary Public of New Jersey Commission Expries 3/23/07 LENDER: SOVEREIGN BANK /s/ Xxxx Xxxxxxxx Authorized Signer COMMERCIAL SECURITY AGREEMENT Borrower: The Xxxxx Electronics Corporation Lender: Sovereign Bank 00 Xxxxxx Xxxx Fairfield Office Oakland, NJ 07436 000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 DEFINITIONS. The following capitalized words and ~~CEO of Resources Connection~~terms shall have the following meanings when used in this Agreement. Unless specifically stated to the contrary, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Secretary of Resources Connection LLC ================================================================================ Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached all references to ~~and becomes a part~~ dollar amounts shall mean amounts in lawful money of the ~~$10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection, Inc. and Resources Connection LLC ("Borrower") and made payable to the order of Bank~~ United States of America. Words and terms used in the singular shall include the plural, ~~N.A. ("Lender")~~and the plural shall include the singular, as the context may require. ~~Provisions~~ Words and terms not otherwise defined in this ~~Exhibit replace and supersede conflicting provisions~~ Agreement shall have the meanings attributed to such terms in the ~~Note.~~Uniform Commercial Code:

Appears in 1 contract

Samples: Loan Agreement (Dewey Electronics Corp)

SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or the perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, ~~EACH~~ BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. ~~EACH~~ BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: ~~RESOURCES CONNECTION~~VAUGHAN FOODS, INC. By~~:________________________________________________ Xxxxxx~~ : /s/ Mark E. Vaughan By: /s/ Andre X. ~~Xxxxxx~~Xxxxhan -------------------------------- -------------------------------- Xark E. Vaughan, Andre G. Vaughan, President ~~and CEO~~ of ~~Resources Connection~~Vaugxxx Xxxxx, Inc. RESOURCES CONNECTION LLC By:________________________________________________ Xxxxxx X. Xxxxxx, President and CEO of Resources Connection LLC By:________________________________________________ Xxxxxxx X. Xxxxxx, Xxx. Secretary of ~~Resources Connection LLC~~ Vaugxxx Xxxxx, Xxx. XORPORATE RESOLUTION TO BORROW / GXXXX XXLLATERAL ================================================================================ ~~Customer # ____________ EXHIBIT A TO NOTE ----------------- THIS EXHIBIT is attached to~~ Corporation: Vaughan Foods, Inc. Lender: CNL Commercial Finance, Inc., 000 NE 12th Street a Delaware Corporation Moorx, XX 00000 26137 La Paz Road, Suite 102 Xxxxxxx Xxxxx, XX 00000 ================================================================================ WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE CORPORATION'S EXISTENCE. The complete and ~~becomes a part~~ correct name of the ~~$10,000,000 PROMISSORY NOTE (the "Note") dated August 22, 2001, executed by Resources Connection~~Corporation is Vaughan Foods, Inc. ~~and Resources Connection LLC~~ ("~~Borrower") and made payable to the order of Bank of America, N.A. ("Lender~~Corporation"). ~~Provisions~~ The Corporation is a corporation for pxxxxx xhich is, and at all times shall be, duly organized, validly existing, and in ~~this Exhibit replace~~ good standing under and ~~supersede conflicting provisions~~ by virtue of the laws of the State of Oklahoma. The Corporation is duly authorized to transaction business in all other states in which the Corporation is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which the Corporation is doing business. Specifically, the Corporation is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. The Corporation has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. The Corporation maintains an office at 216 NE 12th Street, Moore, OK 73160. Unless the Corporation has designaxxx xxxxxxxxx xx xxxxxxx, xxx xxxxcipal office is the office at which the Corporation keeps its books and records. The Corporation will notify Lender prior to any change in the ~~Note~~location of the Corporation's state of organization or any change in the Corporation's name. The Corporation shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to the Corporation and the Corporation's business activities.

Appears in 1 contract

Samples: Vaughan Foods, Inc.

Common use of SUCCESSOR INTERESTS Clause in Contracts