EXHIBIT 6.10
ASSUMPTION AGREEMENT
This Assumption Agreement is made by and among MEDIQUIK SERVICES,
INC., a Texas Corporation ( the "Assumptor"), SCARDELLO MARKETING GROUP, L.L.C.,
a Texas limited liability company (the "Borrower"), and FIRST BANK TEXAS N.A., a
national banking association (the "Lender").
W I T N E S S E T H:
WHEREAS, the Borrower is obligated to pay that certain Commercial
Revolving or Draw Note (the "Note") dated May 19, 1999, in the original
principal sum of $25,000.00, executed by the Borrower and payable to the order
of the Lender, as therein provided, secured by security interests in and to
25,000 shares of stock in MEDIQUIK SERVICES, INC., Cusip 58500V 10 4, SL-000286
(the "Collateral), owned and held by JOCODY FINANCIAL, INC. (the "Owner of the
Collateral"); and,
WHEREAS, the Assumptor wishes to assume the indebtedness evidenced by
the Note and secured by the security interests in and to the Collateral.
NOW, THEREFORE, for good and valuable consideration paid by each party
to the other, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. The Assumptor, with the consent of the Lender, hereby assumes and
promises and agrees to pay the indebtedness evidenced by the Note to the order
of the Lender, in the City of Houston, Xxxxxx County, Texas, all upon the terms
and conditions stated in the Note. The present unpaid principal balance of the
Note as of the Effective Date of this Agreement is the sum of $25,000.
2. The security interests in and to the Collateral, and any other
security securing the Note, are ratified and confirmed as continuing to secure
the Note.
3. The Note, and all instruments or agreements securing or otherwise
relating to the Note shall continue unchanged, in full force and effect. This
Agreement shall not be deemed to release the Borrower from any liability in
connection with the Note or any related instrument, and the Borrower
acknowledges that it remains fully liable in connection therewith, along with
the Assumptor.
The Owner of the Collateral, a corporation, acting herein by and
through its duly authorized officer, joins in the execution hereof to evidence
its acceptance of the agreements herein made and the terms and conditions herein
set forth.
EXECUTED this the 16th day of July, 1999, to be effective as of May
19, 1999 (the "Effective Date").
"ASSUMPTOR"
MEDIQUIK SERVICES, INC.
By:/s/ GRANT M. GABLES
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Name: Grant M. Gables
---------------------------------
Title: President
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"BORROWER"
SCARDELLO MARKETING GROUP,
L.L.C.
By: /s/ Xxxxxxxx X. Xxxxxxxxx
------------------------------------
Name: Xxxxxxxx X. Xxxxxxxxx
---------------------------------
Title: President & Manager
--------------------------------
"LENDER"
FIRST BANK OF TEXAS N. A.
By: /s/ Xxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxx
---------------------------------
Title: Vice President
--------------------------------
"OWNER OF THE COLLATERAL"
JOCODY FINANCIAL, INC.
By: /s/ Xxx X. Xxxxxx
------------------------------------
Name: Xxx X. Xxxxxx
---------------------------------
Title: President
--------------------------------
ACCEPTED AND AGREED TO BY
THE GUARANTOR(S) OF THE NOTE:
---------------------------------
Printed Name:
---------------------------------
Printed Name:
THE STATE OF TEXAS Section
Section
COUNTY OF XXXXXX Section
This instrument was acknowledged before me on this the 16th day of July,
1999, by Grant M. Gables, the President of MEDIQUIK SERVICES, INC., a Texas
corporation, on behalf of said corporation.
/s/ Xxxxx X. Xxxxx
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Notary Public in and for
The State of Texas
My Commission expires February 20, 0000
XXX XXXXX XX XXXXX Section
Section
COUNTY OF XXXXXX Section
This instrument was acknowledged before me on this the 16th day of July,
1999, by Xxxxxxxx X. Xxxxxxxxx, the President & Manager of SCARDELLO MARKETING
GROUP, L.L.C., a Texas limited liability company, on behalf of said limited
liability company.
/s/ Xxxxx X. Xxxxx
---------------------------------------
Notary Public in and for
The State of Texas
My Commission expires February 20, 0000
XXX XXXXX XX XXXXX Section
Section
COUNTY OF XXXXXX Section
This instrument was acknowledged before me on this the 2nd day of August,
1999, by Xxxxxx Xxxxxxx, the Vice President of FIRST BANK TEXAS N.A., a national
banking association, on behalf of said banking association.
/s/ Xxxxxxx X. Xxxxxxx
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Notary Public in and for
The State of Texas
My Commission expires July 9, 0000
XXX XXXXX XX XXXXX Section
Section
COUNTY OF XXXXXX Section
This instrument was acknowledged before me on this the 19th day of July,
1999, by Xxx X. Xxxxxx, the President of JOCODY FINANCIAL, INC., a corporation,
on behalf of said corporation.
/s/ Xxxxxx Xxxxxxxx
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Notary Public in and for
The State of Texas
My Commission expires April 30, 0000
XXX XXXXX XX XXXXX Section
Section
COUNTY OF XXXXXX Section
This instrument was acknowledged before me on this the _____ day of
__________, 1999, by _______________________.
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Notary Public in and for
The State of Texas