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EXHIBIT 10.4
REVOLVING CREDIT NOTE
$225,000,000 Atlanta, Georgia
August 23, 2000
FOR VALUE RECEIVED, the undersigned, XXXX X. XXXXXXX COMPANY, a Georgia
corporation (the "BORROWER"), hereby promises to pay to SUNTRUST BANK (the
"LENDER") or its registered assigns, at the office of SunTrust Bank ("SUNTRUST")
at 00 Xxxx Xxxxx, X.X., Xxxxxxx, Xxxxxxx 00000, on the Commitment Termination
Date (as defined in the Revolving Credit Agreement dated as of August 23, 2000
(as the same may be amended, supplemented or otherwise modified from time to
time, the "CREDIT AGREEMENT"), among the Borrower, the lenders from time to time
party thereto and SunTrust, as administrative agent for the lenders) the lesser
of the principal sum of TWO HUNDRED TWENTY FIVE MILLION DOLLARS ($225,000,000)
and the aggregate unpaid principal amount of all Revolving Loans made by the
Lender to the Borrower pursuant to the Credit Agreement, in lawful money of the
United States of America in immediately available funds, and to pay interest
from the date hereof on the principal amount thereof from time to time
outstanding, in like funds, at said office, at the rate or rates per annum and
payable on such dates as provided in the Credit Agreement. In addition, should
legal action or an attorney-at-law be utilized to collect any amount due
hereunder, the Borrower further promises to pay all costs of collection,
including the reasonable attorneys' fees of the Lender.
The Borrower promises to pay interest, on demand, on any overdue
principal and, to the extent permitted by law, overdue interest from their due
dates at a rate or rates provided in the Credit Agreement.
All borrowings evidenced by this Revolving Credit Note and all payments
and prepayments of the principal hereof and the date thereof shall be endorsed
by the holder hereof on the schedule attached hereto and made a part hereof or
on a continuation thereof which shall be attached hereto and made a part hereof,
or otherwise recorded by such holder in its internal records; provided, that the
delay or failure of the holder hereof to make such a notation or any error in
such notation shall not affect the obligations of the Borrower to make the
payments of principal and interest in accordance with the terms of this
Revolving Credit Note and the Credit Agreement.
This Revolving Credit Note is issued in connection with, and is
entitled to the benefits of, the Credit Agreement which, among other things,
contains provisions for the acceleration of the maturity hereof upon the
happening of certain events, for prepayment of the principal hereof prior to the
maturity hereof and for the amendment or waiver of certain provisions of the
Credit Agreement, all upon the terms and conditions therein specified. THIS
REVOLVING CREDIT NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE
LAWS OF THE STATE OF GEORGIA AND ANY APPLICABLE LAWS OF THE UNITED STATES OF
AMERICA.
XXXX X. XXXXXXX COMPANY
By: /s/ XXXX XXXXXX
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Name: Xxxx Xxxxxx
Title: Treasurer
[SEAL]
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LOANS AND PAYMENTS
Unpaid
Principal Name of Person
Amount and Payments of Balance of Making
Date Type of Loan Principal Note Notation
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