Common use of WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR Clause in Contracts

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this VARIABLE RATE NOTE, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this VARIABLE RATE NOTE. Executed as of the Note Date first above written. limited liability company By: Title: EXHIBIT D Long Term Revolving Note Note Date: $ Maturity Date: FOR VALUE RECEIVED, ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), promises to pay to the order of FIRST NATIONAL BANK OF OMAHA (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of _____________ and 00/100 Dollars ($10,000,000.00) or the amount shown on BANK's records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, BANK's records shall be conclusive evidence of the principal and accrued interest owing hereunder. This LONG TERM REVOLVING NOTE is executed pursuant to a Construction Loan Agreement between BORROWER and BANKS dated as of September 20, 2007, (the Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “AGREEMENT”). All capitalized terms not otherwise defined in this note shall have the meanings provided in the AGREEMENT.

Appears in 1 contract

Samples: Construction Loan Agreement (Rex Stores Corp)

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WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this VARIABLE FIXED RATE NOTE, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this VARIABLE FIXED RATE NOTE. Executed as of the Note Date first above written. limited liability company By: Title: EXHIBIT D Long Term Revolving C Variable Rate Note VARIABLE RATE NOTE Note Date: $ Maturity Date: FOR VALUE RECEIVED, ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), promises to pay to the order of FIRST NATIONAL BANK OF OMAHA (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of ________________ and 00/100 Dollars ($10,000,000.00) _______________), or the amount shown on BANK's records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, BANK's records shall be conclusive evidence of the principal and accrued interest owing hereunder. This LONG TERM REVOLVING VARIABLE RATE NOTE is executed pursuant to a Construction Loan Agreement between BORROWER and BANKS BANK dated as of September 20June ___, 2007, (the Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “AGREEMENT”). All capitalized terms not otherwise defined in this note shall have the meanings provided in the AGREEMENT.

Appears in 1 contract

Samples: Construction Loan Agreement (Rex Stores Corp)

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this VARIABLE FIXED RATE NOTE, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this VARIABLE FIXED RATE NOTE. Executed as of the Note Date first above written. ONE EARTH ENERGY, LLC, an Illinois limited liability company By: Title: EXHIBIT D Long Term Revolving C Variable Rate Note Note Date: $ Maturity Date: FOR VALUE RECEIVED, ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), promises to pay to the order of FIRST NATIONAL BANK OF OMAHA (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of _____________ and 00/100 Dollars ($10,000,000.00) $ ), or the amount shown on BANK's ’s records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, BANK's ’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This LONG TERM REVOLVING VARIABLE RATE NOTE is executed pursuant to a Construction Loan Agreement between BORROWER and BANKS BANK dated as of September 20June ___, 2007, (the Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “AGREEMENT”). All capitalized terms not otherwise defined in this note shall have the meanings provided in the AGREEMENT.

Appears in 1 contract

Samples: Construction Loan Agreement (One Earth Energy LLC)

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this VARIABLE RATE CONSTRUCTION NOTE, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this VARIABLE RATE CONSTRUCTION NOTE. Executed as of the Note Date first above written. ONE EARTH ENERGY, LLC, an Illinois limited liability company By: Title: EXHIBIT D Long Term Revolving B Fixed Rate Note Note Date: $ Maturity Date: FOR VALUE RECEIVED, ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), promises to pay to the order of FIRST NATIONAL BANK OF OMAHA (“BANKAGENT”), at its principal office or such other address as BANK AGENT or holder may designate from time to time, the principal sum of _____________ and 00/100 Dollars ($10,000,000.00) $ ), or the amount shown on BANK's AGENT’s records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, BANK's AGENT’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This LONG TERM REVOLVING FIXED RATE NOTE is executed pursuant to a Construction Loan Agreement between BORROWER and BANKS dated as of September 20, 2007, (the Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “AGREEMENT”). All capitalized terms not otherwise defined in this note shall have the meanings provided in the AGREEMENT.

Appears in 1 contract

Samples: Construction Loan Agreement (One Earth Energy LLC)

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WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this VARIABLE RATE NOTE, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this VARIABLE RATE NOTE. Executed as of the Note Date first above written. ONE EARTH ENERGY, LLC, an Illinois limited liability company By: Title: EXHIBIT D Long Term Revolving Note Note Date: $ Maturity Date: FOR VALUE RECEIVED, ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), promises to pay to the order of FIRST NATIONAL BANK OF OMAHA (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of _____________ and 00/100 Dollars ($10,000,000.00) or the amount shown on BANK's ’s records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, BANK's ’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This LONG TERM REVOLVING NOTE is executed pursuant to a Construction Loan Agreement between BORROWER and BANKS dated as of September 20, 2007, (the Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “AGREEMENT”). All capitalized terms not otherwise defined in this note shall have the meanings provided in the AGREEMENT.

Appears in 1 contract

Samples: Construction Loan Agreement (One Earth Energy LLC)

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