Exhibit 4.4
REVOLVING NOTE
(Mushkin Inc.)
$3,000,000 Denver, Colorado
March 31, 2003
For value received, the undersigned, MUSHKIN INC., a Colorado
corporation ("Mushkin"), and RAMTRON INTERNATIONAL CORPORATION, a Delaware
corporation (each, a "Borrower"), hereby promise, jointly and severally, to
pay on the Termination Date under the Credit Agreement (defined below), to
the order of XXXXX FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the
"Lender"), at its main office in Minneapolis, Minnesota, or at any other
place designated at any time by the holder hereof, in lawful money of the
United States of America and in immediately available funds, the principal
sum of Three Million Dollars ($3,000,000) or, if less, the aggregate unpaid
principal amount of all Revolving Advances made by the Lender to Mushkin
under the Credit Agreement (defined below) together with interest on the
principal amount hereunder remaining unpaid from time to time, computed on
the basis of the actual number of days elapsed and a 360-day year, from the
date hereof until this Note is fully paid at the rate from time to time in
effect under the Credit and Security Agreement of even date herewith (as the
same may hereafter be amended, supplemented or restated from time to time,
the "Credit Agreement") by and between the Lender, Enhanced Memory Systems,
Inc., and the Borrowers. The principal hereof and interest accruing thereon
shall be due and payable as provided in the Credit Agreement. This Note may
be prepaid only in accordance with the Credit Agreement.
This Note is issued pursuant, and is subject, to the Credit Agreement,
which provides, among other things, for acceleration hereof. This Note is the
Mushkin Revolving Note referred to in the Credit Agreement. This Note is
secured, among other things, pursuant to the Credit Agreement and the
Security Documents as therein defined, and may now or hereafter be secured by
one or more other security agreements, mortgages, deeds of trust, assignments
or other instruments or agreements.
The Borrowers shall pay all costs of collection, including reasonable
attorneys' fees and legal expenses if this Note is not paid when due, whether
or not legal proceedings are commenced.
Presentment or other demand for payment, notice of dishonor and protest
are expressly waived.
MUSHKIN INC.
By /S/ XxXxx X. Xxxxxx
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XxXxx X. Xxxxxx, Chief Financial Officer
RAMTRON INTERNATIONAL CORPORATION
By /S/ XxXxx X. Xxxxxx
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XxXxx X. Xxxxxx, Chief Financial Officer
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