REVOLVING NOTE
EXHIBIT
10.9
| $50,000,000 | Dated as of July 20, 2005 |
FOR
VALUE RECEIVED, WINTRUST FINANCIAL CORPORATION, an Illinois corporation (the
“Maker”) promises to pay to the order of LASALLE BANK NATIONAL ASSOCIATION, a
national banking association (the “Bank”) the lesser of the principal sum of FIFTY
MILLION DOLLARS ($50,000,000), or the aggregate unpaid principal amount outstanding under the
Loan Agreement dated even date herewith (as amended from time to time, the “Loan
Agreement”) between the Bank and the Maker at the maturity or maturities and in the
amount or amounts as stated on the records of the Bank together with interest (computed on
actual days elapsed on the basis of a 360 day year) on any and all principal amounts
outstanding hereunder from time to time from the date hereof until maturity. Interest shall
be payable at the rates of interest and the times set forth in the Loan Agreement. All unpaid
principal, and accrued interest, if not paid sooner, shall be due and payable in full on June
1,2006.
This Note shall be available for direct advances.
Principal and interest shall be paid to the Bank at its office at 000 Xxxxx XxXxxxx
Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, or at such other place as the holder of this Note may
designate in writing to the Maker. This Note may be prepaid in whole or in part as provided
for in the Loan Agreement.
This Note evidences indebtedness incurred under the Second Amended and Restated Loan
Agreement dated as of April 30,2003, as amended from time to time, between the Maker and the
Bank, to which reference is hereby made for a statement of the terms and conditions under
which the due date of the Note or any payment thereon may be accelerated. The holder of this
Note is entitled to all of the benefits provided for in the Loan Agreement.
The
Maker agrees that in action or proceeding instituted to collect or enforce collection
of this Note, the amount on the Bank’s records shall be conclusive and binding evidence,
absent demonstrable error, of the unpaid principal balance of this Note.
This Note is in replacement, a combination and substitution of, but not repayment for, a
Revolving Note of the Borrower dated June 1,2005 maturing June 1,2006, in the principal
amount of $25,000,000 and a Revolving Note dated April 30,2003, maturing February 27,2006, in
the principal amount of $25,000,000, and is in no way intended to
constitute a novation
therefor.
| WINTRUST FINANCIAL CORPORATION | ||||||
| By: | Xxxxx x Xxxxxxx 8/26/05 | |||||
| Its: | Senior EVP & COO | |||||
