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Exhibit 7.2
FOURTH AMENDED AND RESTATED REVOLVING CREDIT NOTE
$27,500,000 August __, 1996
FOR VALUE RECEIVED, the undersigned, SIRROM INVESTMENTS, INC., a
corporation organized under the laws of Tennessee (the "Borrower"), hereby
promises to pay to the order of FIRST UNION NATIONAL BANK OF TENNESSEE (the
"Bank"), at the times, at the place and in the manner provided in the Loan
Agreement hereinafter referred to, the principal sum of unto TWENTY SEVEN
MILLION FIVE HUNDRED THOUSAND DOLLARS ($27,500,000), or, if less, the aggregate
unpaid principal amount of all Loans disbursed by the Bank under the Loan
Agreement referred to below, together with interest at the rates as in effect
from time to time with respect to each portion of the principal amount hereof,
determined and payable as provided in the Loan Agreement.
This Note is a Note referred to in, and is entitled to the benefits
of, the Fourth Amended and Restated Loan Agreement dated as of August __, 1996
(as amended or supplemented from time to time, the "Loan Agreement"),by and
among the Borrower, Sirrom Capital Corporation, as guarantor (the "Parent"),
the Lenders who are or may become party thereto (the "Lenders"), and the Bank,
as Agent for the Lenders. The Loan Agreement contains, among other things,
provisions for the time, place and manner of payment of this Note, the
determination of the interest rate xxxxx.xx and fees payable in respect of this
Note, acceleration of the payment of this Note upon the happening of certain
stated events and the mandatory repayment of this Note under certain
circumstances.
The Borrower agrees to pay on demand all costs of collection,
including reasonable attorneys' fees, if any part of this Note, principal or
interest, is collected after maturity with the aid of an attorney.
Presentment for payment, notice of dishonor, protest and notice of
protest are hereby waived.
THIS NOTE IS MADE AND DELIVERED IN THE STATE OF NORTH CAROLINA AND
SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF
NORTH CAROLINA.
Pursuant to the Assignment and Assumption Agreement dated as of the
date hereof between the Parent and the Borrower, the Parent has transferred all
of its rights and obligations under the Third Amended and Restated Loan
Agreement dated as of December 27, 1995, as amended, by and among the Parent,
the Lenders party thereto, and the Agent, and the documents executed in
connection therewith, to the Borrower, and the Borrower has assumed all of such
rights and obligations.
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This Note amends and restates the obligations (as assumed by the
Borrower pursuant to the assumption noted above) under the Third Amended and
Restated Revolving Credit Note dated July 1, 1996 executed by the Parent in
favor of the Bank and the Parent has been released from all of such
obligations.
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IN WITNESS WHEREOF, the Borrower has caused this Note to be executed
under seal by a duly authorized officer as of the day and year first above
written.
SIRROM INVESTMENTS, INC.
[CORPORATE SEAL]
By:
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Name:
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Title:
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