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Exhibit f.16
FIFTH AMENDED AND RESTATED REVOLVING CREDIT NOTE
$7,500,000 October 8, 1997
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 AMERICAN NATIONAL BANK (the "Bank"), at
the times, at the place and in the manner provided in the Loan Agreement
hereinafter referred to, the principal sum of up to Seven Million Five Hundred
Thousand Dollars ($7,500,000), 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 16, 1996 (as
amended by the First Amendment to Loan Agreement dated as of November 19, 1996,
the Second Amendment to Loan Agreement dated as of October 8, 1997, and as
further amended, restated, supplemented or otherwise modified 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 First Union National Bank (f/k/a First Union National Bank of
Tennessee), as Agent for the Lenders (the "Agent"). 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 borne by 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 August
16, 1996 between the Parent and the Borrower, the Parent 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
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the Borrower, and the Borrower assumed all of such rights and obligations.
This Note amends and restates the obligations of the Borrower under the
Fourth Amended and Restated Revolving Credit Note dated August 16, 1996,
executed by the Borrower in favor of the Bank.
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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:________________________________
Name:___________________________
Title:__________________________
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