EXHIBIT 4.9
TERM NOTE
$3,750,000.00 November 20, 2002
FOR VALUE RECEIVED, the undersigned (the "Borrower"), hereby promises
to pay to WACHOVIA BANK, NATIONAL ASSOCIATION or registered assigns (the
"Lender"), in accordance with the provisions of the Credit Agreement (as
hereinafter defined), the principal amount of each Term Loan from time to time
made by the Lender to the Borrower under that certain Credit Agreement, dated as
of November 20, 2002 (as amended, restated, extended, supplemented or otherwise
modified in writing from time to time, the "Credit Agreement;" the terms defined
therein being used herein as therein defined), among the Borrower, the Lenders
from time to time party thereto, and Bank of America, N.A., as Administrative
Agent, L/C Issuer and Swing Line Lender.
The Borrower promises to pay interest on the unpaid principal amount of
each Term Loan from the date of such Term Loan until such principal amount is
paid in full, at such interest rates and at such times as provided in the Credit
Agreement. All payments of principal and interest shall be made to the
Administrative Agent for the account of the Lender in Dollars in immediately
available funds at the Administrative Agent's Office. If any amount is not paid
in full when due hereunder, such unpaid amount shall bear interest, to be paid
upon demand, from the due date thereof until the date of actual payment (and
before as well as after judgment) computed at the per annum rate set forth in
the Credit Agreement.
This Note is one of the Notes referred to in the Credit Agreement, is
entitled to the benefits thereof and may be prepaid in whole or in part subject
to the terms and conditions provided therein. This Note is also entitled to the
benefits of the Guaranty and is secured by the Collateral. Upon the occurrence
and continuation of one or more of the Events of Default specified in the Credit
Agreement, all amounts then remaining unpaid on this Note shall become, or may
be declared to be, immediately due and payable all as provided in the Credit
Agreement. Term Loans made by the Lender shall be evidenced by one or more loan
accounts or records maintained by the Lender in the ordinary course of business.
The Lender may also attach schedules to this Note and endorse thereon the date,
amount and maturity of its Term Loans and payments with respect thereto.
The Borrower, for itself, its successors and assigns, hereby waives
diligence, presentment, protest and demand and notice of protest, demand,
dishonor and non-payment of this Note.
THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF NORTH CAROLINA.
BLUE RHINO CORPORATION
By: /s/ Xxxx Xxxxxxxxx
--------------------------------------
Name: Xxxx Xxxxxxxxx
Title: Executive Vice President and Chief
Financial Officer
TERM LOANS AND PAYMENTS WITH RESPECT THERETO
AMOUNT OF
PRINCIPAL OR OUTSTANDING
END OF INTEREST PRINCIPAL
TYPE OF AMOUNT OF INTEREST PAID THIS BALANCE NOTATION
DATE LOAN MADE LOAN MADE PERIOD DATE THIS DATE MADE BY
-------------------------------------------------------------------------------------------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
---- ------- ------- ------ --------- ---------- --------
