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Exhibit 10.6
REVOLVING CREDIT NOTE
$15,000,000.00 September 26, 1996
Boston, Massachusetts
FOR VALUE RECEIVED, the undersigned, TRITON SYSTEMS, INC., a
Mississippi corporation, having an address of 000 Xxxxxxxx Xxxxxx, Xxxx Xxxxx,
Xxxxxxxxxxx (the "Borrower"), promises to pay to the order of THE FIRST NATIONAL
BANK OF BOSTON, a national banking association (hereinafter, together with its
successors in title and assigns the "Bank") at the head office of the Bank, at
000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, on September 26, 2001 or such earlier
date on which this Note shall become due and payable pursuant to the terms
hereof (the "Maturity Date"), the aggregate unpaid principal amount of the loans
made by the Bank to the Borrower pursuant to the "Loan Agreement" (defined
below), together with all accrued and unpaid interest and costs, expenses and
charges due hereunder.
The Borrower further promises to pay interest from the date hereof on
the principal amount hereof from time to time unpaid at the rates and times and
in all cases in accordance with the terms of the Loan Agreement.
In addition, the Borrower further promises in accordance with the terms
of the Loan Agreement to make principal repayments as and when provided therein.
Capitalized terms used herein and not otherwise defined herein shall
have the meanings assigned to them in the Revolving Credit Agreement of even
date herewith between the Borrower and the Bank (the "Loan Agreement"). Unless
otherwise provided herein, the rules of interpretation set forth in Section 1.2
of the Loan Agreement shall be applicable to this Note.
All loans made by the Bank pursuant to the Loan Agreement and all
repayments of the principal thereof shall be recorded by the Bank and, prior to
any transfer hereof, appropriate notations to evidence the foregoing information
with respect to each such loan then outstanding shall be endorsed by the Bank on
the schedule attached hereto or on a continuation of such schedule attached to
and made a part hereof; provided, however, that the failure of the Bank to make
any such recordation or endorsement shall not affect the obligations of the
Borrower under this Note, such Loan Agreement, or any other Loan Documents.
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This Note is issued pursuant to, is entitled to the benefits of, and is
subject to the provisions of the Loan Agreement. This Note is secured by the
Security Documents. The principal of this Note is subject to prepayment in whole
or in part in the manner and to the extent specified in the Loan Agreement.
In case an Event of Default shall occur, the entire unpaid principal
amount of this Note and all of the unpaid interest accrued thereon may become or
be declared due and payable in the manner and with the effect provided in the
Loan Agreement.
The Borrower and all endorsers hereby waive presentment, demand,
notice, protest and all other demands and notices in connection with the
delivery, acceptance, performance and enforcement of this Note and assent to the
extensions of the time of payment or forbearance or other indulgence without
notice.
THIS NOTE AND THE OBLIGATIONS OF BORROWER HEREUNDER SHALL BE GOVERNED
BY AND INTERPRETED AND DETERMINED IN ACCORDANCE WITH THE LAWS OF THE
COMMONWEALTH OF MASSACHUSETTS (EXCLUDING THE LAWS APPLICABLE TO CONFLICTS OR
CHOICE OF LAW).
THE MAKER OF THIS NOTE HAS WAIVED A JURY TRIAL IN THE LOAN AGREEMENT
REGARDING DISPUTES ARISING FROM OR IN CONNECTION WITH THIS NOTE AND THE
TRANSACTION IN CONNECTION THEREWITH.
IN WITNESS WHEREOF, the Borrower has caused this Note to be signed in
its corporate name as an instrument under seal by its duly authorized officer on
the date and in the year first above written.
TRITON SYSTEMS, INC.
By: /s/Xxxxxx X. Xxxxxxxx
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Name: Xxxxxx X. Xxxxxxxx
Title: President
Hereunto Duly Authorized
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LOANS AND PAYMENTS OF PRINCIPAL
Loans or payments of principal of this Note were made on the dates and
in the amounts specified below:
Xxxxxx Xxxxxx of Unpaid
of Principal Principal Notation
Date Loan Repaid Balance Made By
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