NOTE
U.S. $60,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
NATIONSBANK, N.A. (the "Lender") for the account of its Applicable Lending
Office (as defined in the Credit Agreement referenced below) the principal sum
of SIXTY MILLION AND NO/100 DOLLARS (U.S. $60,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $25,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
BANK OF AMERICA NT & SA (the "Lender") for the account of its Applicable Lending
Office (as defined in the Credit Agreement referenced below) the principal sum
of TWENTY-FIVE MILLION AND NO/100 DOLLARS (U.S. $25,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $30,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
CRESTAR BANK (the "Lender") for the account of its Applicable Lending Office (as
defined in the Credit Agreement referenced below) the principal sum of THIRTY
MILLION AND NO/100 DOLLARS (U.S. $30,000,000.00) or, if less, the aggregate
unpaid principal amount of Advances (as defined below) made by the Lender to the
Borrower pursuant to the Credit Agreement, on the Termination Date (as such term
is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $55,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
FIRST UNION NATIONAL BANK (the "Lender") for the account of its Applicable
Lending Office (as defined in the Credit Agreement referenced below) the
principal sum of FIFTY-FIVE MILLION AND NO/100 DOLLARS (U.S. $55,000,000.00) or,
if less, the aggregate unpaid principal amount of Advances (as defined below)
made by the Lender to the Borrower pursuant to the Credit Agreement, on the
Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $45,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK NEDERLAND," NEW
YORK BRANCH (the "Lender") for the account of its Applicable Lending Office (as
defined in the Credit Agreement referenced below) the principal sum of
FORTY-FIVE MILLION AND NO/100 DOLLARS (U.S. $45,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
SIGNET BANK (the "Lender") for the account of its Applicable Lending Office (as
defined in the Credit Agreement referenced below) the principal sum of FIFTEEN
MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00) or, if less, the aggregate
unpaid principal amount of Advances (as defined below) made by the Lender to the
Borrower pursuant to the Credit Agreement, on the Termination Date (as such term
is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $25,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
WACHOVIA BANK, N.A. (the "Lender") for the account of its Applicable Lending
Office (as defined in the Credit Agreement referenced below) the principal sum
of TWENTY-FIVE MILLION AND NO/100 DOLLARS (U.S. $25,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $45,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
SOCIETE GENERALE (the "Lender") for the account of its Applicable Lending Office
(as defined in the Credit Agreement referenced below) the principal sum of
FORTY-FIVE MILLION AND NO/100 DOLLARS (U.S. $45,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $25,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
BANK OF TOKYO-MITSUBISHI TRUST COMPANY (the "Lender") for the account of its
Applicable Lending Office (as defined in the Credit Agreement referenced below)
the principal sum of TWENTY-FIVE MILLION AND NO/100 DOLLARS (U.S.
$25,000,000.00) or, if less, the aggregate unpaid principal amount of Advances
(as defined below) made by the Lender to the Borrower pursuant to the Credit
Agreement, on the Termination Date (as such term is defined in the Credit
Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
ABN AMRO BANK N.V. NEW YORK BRANCH (the "Lender") for the account of its
Applicable Lending Office (as defined in the Credit Agreement referenced below)
the principal sum of FIFTEEN MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00)
or, if less, the aggregate unpaid principal amount of Advances (as defined
below) made by the Lender to the Borrower pursuant to the Credit Agreement, on
the Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
THE BANK OF NOVA SCOTIA (the "Lender") for the account of its Applicable Lending
Office (as defined in the Credit Agreement referenced below) the principal sum
of FIFTEEN MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
THE SUMITOMO BANK, LIMITED, NEW YORK BRANCH (the "Lender") for the account of
its Applicable Lending Office (as defined in the Credit Agreement referenced
below) the principal sum of FIFTEEN MILLION AND NO/100 DOLLARS (U.S.
$15,000,000.00) or, if less, the aggregate unpaid principal amount of Advances
(as defined below) made by the Lender to the Borrower pursuant to the Credit
Agreement, on the Termination Date (as such term is defined in the Credit
Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $25,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
BAYERISCHE VEREINSBANK AG, NEW YORK BRANCH (the "Lender") for the account of its
Applicable Lending Office (as defined in the Credit Agreement referenced below)
the principal sum of TWENTY-FIVE MILLION AND NO/100 DOLLARS (U.S.
$25,000,000.00) or, if less, the aggregate unpaid principal amount of Advances
(as defined below) made by the Lender to the Borrower pursuant to the Credit
Agreement, on the Termination Date (as such term is defined in the Credit
Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
BANQUE FRANCAISE DU COMMERCE EXTERIEUR (the "Lender") for the account of its
Applicable Lending Office (as defined in the Credit Agreement referenced below)
the principal sum of FIFTEEN MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00)
or, if less, the aggregate unpaid principal amount of Advances (as defined
below) made by the Lender to the Borrower pursuant to the Credit Agreement, on
the Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
CORESTATES BANK, N.A. (the "Lender") for the account of its Applicable Lending
Office (as defined in the Credit Agreement referenced below) the principal sum
of FIFTEEN MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $10,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
ISTITUTO BANCARIO SAN PAOLO DI TORINO S.P.A. (the "Lender") for the account of
its Applicable Lending Office (as defined in the Credit Agreement referenced
below) the principal sum of TEN MILLION AND NO/100 DOLLARS (U.S. $10,000,000.00)
or, if less, the aggregate unpaid principal amount of Advances (as defined
below) made by the Lender to the Borrower pursuant to the Credit Agreement, on
the Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
STANDARD CHARTERED BANK (the "Lender") for the account of its Applicable Lending
Office (as defined in the Credit Agreement referenced below) the principal sum
of FIFTEEN MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00) or, if less, the
aggregate unpaid principal amount of Advances (as defined below) made by the
Lender to the Borrower pursuant to the Credit Agreement, on the Termination Date
(as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $15,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
BANCA MONTE DEI PASCHI DI SIENA S.P.A. (the "Lender") for the account of its
Applicable Lending Office (as defined in the Credit Agreement referenced below)
the principal sum of FIFTEEN MILLION AND NO/100 DOLLARS (U.S. $15,000,000.00)
or, if less, the aggregate unpaid principal amount of Advances (as defined
below) made by the Lender to the Borrower pursuant to the Credit Agreement, on
the Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $25,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
CREDIT LYONNAIS ATLANTA AGENCY (the "Lender") for the account of its Applicable
Lending Office (as defined in the Credit Agreement referenced below) the
principal sum of TWENTY-FIVE MILLION AND NO/100 DOLLARS (U.S. $25,000,000.00)
or, if less, the aggregate unpaid principal amount of Advances (as defined
below) made by the Lender to the Borrower pursuant to the Credit Agreement, on
the Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
NOTE
U.S. $10,000,000.00 Dated: June 27, 1997
FOR VALUE RECEIVED, the undersigned, DIMON INCORPORATED, a
Virginia corporation (the "Borrower"), HEREBY PROMISES TO PAY to the order of
THE SANWA BANK, LIMITED, ATLANTA AGENCY (the "Lender") for the account of its
Applicable Lending Office (as defined in the Credit Agreement referenced below)
the principal sum of TEN MILLION AND NO/100 DOLLARS (U.S. $10,000,000.00) or, if
less, the aggregate unpaid principal amount of Advances (as defined below) made
by the Lender to the Borrower pursuant to the Credit Agreement, on the
Termination Date (as such term is defined in the Credit Agreement).
The Borrower promises to pay interest on the unpaid principal
amount of each Advance from the date of such Advance until such principal amount
is paid in full, at such interest rates, and payable at such times, as are
specified in the Credit Agreement.
In no contingency or event whatsoever shall the interest rate
charged pursuant to the terms of this Note exceed the highest rate permissible
under any law which a court of competent jurisdiction shall, in a final
determination, deem applicable. In the event that such a court determines that
the Lender has received interest hereunder in excess of the highest applicable
rate, the Lender shall promptly refund such excess interest to the Borrower.
Both principal and interest are payable in lawful money of the
United States of America to NationsBank, N.A., as Administrative Agent, at its
Payment Office (as such term is defined in the Credit Agreement) currently
located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, xx xxxx day funds.
Each Advance made by the Lender to the Borrower pursuant to the Credit
Agreement, and all payments made on account of principal thereof, shall be
recorded on the books and records of the Lender and the Administrative Agent as
provided in the Credit Agreement. Failure of the Lender, the Administrative
Agent or any holder to maintain its books and records with respect to any
Advance, or any error in such books and records, shall not affect the
obligations of the Borrower under this Note, the Credit Agreement or any other
Loan Document.
This Note is one of the Notes referenced in, and is entitled
to the benefits of, the Credit Agreement dated as of June 27, 1997 (as hereafter
amended, modified or supplemented, the "Credit Agreement") among the Borrower,
the Lender and certain other lenders parties thereto, NationsBank, N.A., as
Administrative Agent, First Union National Bank, as Documentation Agent, and
Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New
York Branch and Societe Generale, as Co-Agents. The Credit Agreement, among
other things, (i) provides for the making of advances (the "Advances") by the
Lender to the Borrower from time to time in an aggregate amount not to exceed
the Dollar amount first above mentioned, the indebtedness of the Borrower
resulting from each such Advance being evidenced by this Note, and (ii) contains
provisions for acceleration of the maturity hereof upon the happening of certain
stated events. This Note is entitled to the benefits of the Subsidiary Guaranty
(as such term is defined in the Credit Agreement).
The Borrower hereby waives presentment, demand, protest and
notice of any kind. No failure to exercise, and no delay in exercising, any
rights hereunder on the part of the holder hereof shall operate as a waiver of
such rights.
THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
This Note and the Advances evidenced hereby may be transferred
in whole or in part only by registration of such transfer on the Register
maintained by or on behalf of the Borrower as provided in Section 11.5(c) of the
Credit Agreement.
This Note is signed and delivered to the Lender for acceptance
at its Applicable Lending Office.
DIMON INCORPORATED
By________________________________
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
Treasurer
and
By_______________________________
Name: Xxxx X. Xxxxxxxxx, III
Title: Vice President and Secretary
