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EXHIBIT 10.41
SECURED PROMISSORY NOTE
$1,250,000 DATE: NOVEMBER 10, 1998
DUE: NOVEMBER 1, 2001
FOR VALUE RECEIVED, MachOne Communications, Inc., a California corporation (the
"Borrower") hereby promises to pay to the order of Comdisco, Inc., a Delaware
corporation (the "Lender") at P.O. Box 91744, Chicago, IL 60693 or such other
place of payment as the holder of this Secured Promissory Note (this "Note")
may specify from time to time in writing, in lawful money of the United States
of America, the principal amount of ONE MILLION TWO HUNDRED FIFTY THOUSAND and
00/100 Dollars ($1,250,000) together with interest at Nine percent (9%) per
annum from the date of this Note to maturity of each installment on the
principal hereof remaining from time to time unpaid, such principal and
interest to be paid in 6 equal monthly installments of interest only, the first
monthly installment in the amount of $6,562.50, commencing December 1, 1998,
followed by 5 monthly installments of $9,375.00 each, commencing January 1,
1999 and on the same day of each month thereafter to and including May 1, 1999,
followed by 30 equal monthly installments of principal and interest in the
amount of $46,685.20 each, commencing June 1, 1999 and on the same day of each
month thereafter to and including November 1, 2001 such installments to be
applied first to accrued and unpaid interest and the balance to unpaid
principal. Interest shall be computed on the basis of a year consisting of
twelve months of thirty days each.
This Note is the Note referred to in, and is executed and delivered in
connection with, that certain Loan and Security Agreement dated as of September
10, 1998 by and between Borrower and Lender (as the same may from time to time
be amended, modified or supplemented in accordance with its terms, the "Loan
Agreement"), and is entitled to the benefit and security of the Loan Agreement
and the other Loan Documents (as defined in the Loan Agreement), to which
reference is made for a statement of all of the terms and conditions thereof.
All terms defined in the Loan Agreement shall have the same definitions when
used herein, unless otherwise defined herein.
The Borrower waives presentment and demand for payment, notice of dishonor,
protest and notice of protest and any other notice as permitted under the UCC
or any applicable law.
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This Note has been negotiated and delivered to Lender and is payable in the
State of Illinois, and shall not become effective until accepted by Lender in
the State of Illinois. This Note shall be governed by and construed and enforced
in accordance with, the laws of the State of Illinois, excluding any conflicts
of law rules or principles that would cause the application of the laws of any
other jurisdiction.
BORROWER: MACHONE COMMUNICATIONS, INC.
000 XXXXX XX XXXX XXXX.
CUPERTINO, CA 95129
Signature: /s/ [Signature Illegible]
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Print Name: [Illegible]
---------------------------------
Title: V.P. Legal & Regulatory Affairs
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MACHONE COMMUNICATIONS
Prepared by X. Xxxxxx
Loan Amount: 1,250,000.00
Interest Rate 9.000%
Payment 46,685.20
Payment Number Date Principal Interest Payment Balance
-------------- ---- --------- --------- --------- ------------
11/10/98 1,250,000.00
1 12/01/98 0.00 6,562.50 6,562.50 1,250,000.00
2 01/01/99 0.00 9,375.00 9,375.00 1,250,000.00
3 02/01/99 0.00 9,375.00 9,375.00 1,250,000.00
4 03/01/99 0.00 9,375.00 9,375.00 1,250,000.00
5 04/01/99 0.00 9,375.00 9,375.00 1,250,000.00
6 05/01/99 0.00 9,375.00 9,375.00 1,250,000.00
7 06/01/99 37,310.20 9,375.00 46,685.20 1,212,689.80
8 07/01/99 37,590.03 9,095.17 46,685.20 1,175,099.77
9 08/01/99 37,871.95 8,813.25 46,685.20 1,137,227.82
10 09/01/99 38,155.99 8,529.21 46,685.20 1,099,071.83
11 10/01/99 38,442.16 8,243.04 46,685.20 1,060,629.66
12 11/01/99 38,730.48 7,954.72 46,685.20 1,021,899.19
13 12/01/99 39,020.96 7,664.24 46,685.20 982,878.23
14 01/01/00 39,313.61 7,371.59 46,685.20 943,564.61
15 02/01/00 39,608.47 7,076.73 46,685.20 903,956.15
16 03/01/00 39,905.53 6,779.67 46,685.20 864,050.62
17 04/01/00 40,204.82 6,480.38 46,685.20 823,845.80
18 05/01/00 40,506.36 6,178.84 46,685.20 783,339.44
19 06/01/00 40,810.16 5,875.05 46,685.20 742,529.28
20 07/01/00 41,116.23 5,568.97 46,685.20 701,413.05
21 08/01/00 41,424.60 5,260.60 46,685.20 659,988.45
22 09/01/00 41,735.29 4,949.91 46,685.20 618,253.16
23 10/01/00 42,048.30 4,636.90 46,685.20 576,204.86
24 11/01/00 42,363.66 4,321.54 46,685.20 533,841.20
25 12/01/00 42,681.39 4,003.81 46,685.20 491,159.80
26 01/01/01 43,001.50 3,683.70 46,685.20 448.158.30
27 02/01/01 43,324.01 3,361.19 46,685.20 404,834.29
28 03/01/01 43,648.94 3,036.26 46,685.20 361,185.34
29 04/01/01 43,976.31 2,708.89 46,685.20 317,209.03
30 05/01/01 44,306.13 2,379.07 46,685.20 272.902.90
31 06/01/01 44,638.43 2,046.77 46,685.20 228,264.47
32 07/01/01 44,973.22 1,711.98 46,685.20 183,291.25
33 08/01/01 45,310.52 1,374.68 46,685.20 137,980.74
34 09/01/01 45,650.35 1,034.86 46,685.20 92,330.39
35 10/01/01 45,992.72 692.48 46,685.20 46,337.67
36 11/01/01 46,337.67 347.53 46,685.20 (0.00)
