EXHIBIT 10.23
AMENDED SINGLE INSTALLMENT NOTE
HOUSTON, TEXAS (PAYMENT OF INCOME TAXES) JULY 1, 2002
This Amendment pertains to that certain Single Installment Note entered into on
or about April 15, 2002 by and between Xxxxxxx X. XxXxxxxx and NATCO Group Inc.
("NGI") to cover income tax liability resulting from the exercise of certain
stock options. The original note was in the principal amount of $216,297.00 with
interest accruing at an annual rate of 6.0% with payment of the principal
balance and all accrued interest due on or before July 31, 2003.
On July 1, 2002, XXX and XxXxxxxx recently agreed to amend the original note and
XxXxxxxx agrees, as follows:
In consideration of value acknowledged and received, XxXxxxxx agrees to
pay NGI the principal amount of $218,999.23 (i.e., $216,297.00 in
initial principal plus $2,702.23 of accrued interest) on which interest
shall accrue at an annual rate based on ninety-day LIBOR plus 300 basis
points adjusted on the first day of each calendar quarter. All payments
of principal and interest on this Amended Note shall be paid in the
legal currency of the United States; and XxXxxxxx waives presentment
for payment, protest, and notice of protest and nonpayment of this
Amended Note.
Payment of the principal balance and all accrued interest shall be due
July 31, 2004. However, XxXxxxxx reserves the right to repay this
Amended Note, in whole or in part, before July 31, 2004 with no
prepayment penalty.
Failure to make payment when due shall be considered default. Should
default exist for more than a grace period of sixty days, XxXxxxxx
agrees to pay NGI all reasonable costs and expenses incurred during
collection proceedings including, but not limited to, attorney's fees.
No renewal or extension of this Amended Note, delay in enforcing any
right of NGI under this Amended Note, or assignment by NGI of this
Amended Note shall affect the liability or the obligations of
XxXxxxxx. All rights of NGI under this Amended Note are cumulative and
may be exercised concurrently or consecutively at NGI's option.
If any one or more of the provisions of this Amended Note are
determined to be unenforceable, in whole or in part, for any reason,
the remaining provisions shall remain operative.
XxXxxxxx acknowledges and agrees that this Amended Note is with rights
of full recourse and that he is responsible for repayment of the
principal and all accrued interest on or before the maturity date.
THIS AMENDED NOTE SHALL BE CONSTRUED, GOVERNED, AND INTERPRETED IN
ACCORDANCE WITH THE APPLICABLE LAWS OF THE STATE OF TEXAS.
/s/ XXXXXXX X. XxXXXXXX
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Xxxxxxx X. XxXxxxxx
State of Texas )
County of Xxxxxx )
SWORN TO AND SUBSCRIBED TO before me on this 18th day of July 2002, by
Xxxxxxx X. XxXxxxxx, a person known to me.
/s/ XXXXXXXX X. XXXXX
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Notary Public for the State of Texas
(S E A L)
XXXXXXXX X. XXXXX
[SEAL] MY COMMISSION EXPIRES
AUGUST 14, 2002
