EXHIBIT 10.1 TERM LOAN NOTE WELLS FARGO RETAIL FINANCE II, LLC $3,000,000 ------------------------------------------------------------------------------- Boston, Massachusetts Date: August 31, 2005 FOR VALUE RECEIVED, the undersigned Big Dog USA, Inc....Term Loan Note • November 14th, 2005 • Big Dog Holdings Inc • Retail-family clothing stores
Contract Type FiledNovember 14th, 2005 Company IndustryThis is a "Term Note" evidencing the Term Loan to which reference is made in that certain Amended, Restated and Consolidated Loan and Security Agreement, dated as of July 7, 2005, by and among the Borrowers, Big Dog Holdings USA, Inc., as Guarantor, the lenders party thereto (the "Lenders"), and Wells Fargo Retail Finance II, LLC, as Agent for the Lenders (the Agent and the Lenders, collectively the "Lender Group") (as such may be amended hereafter, the "Loan Agreement"), and is subject to all terms and provisions thereof. Capitalized terms, unless defined herein, have the same meaning as in the Loan Agreement. The principal of, and interest on, this Term Note shall be payable as provided in the Loan Agreement and shall be subject to acceleration as provided therein.
TERM LOAN NOTETerm Loan Note • January 7th, 2005 • Edac Technologies Corp • Aircraft engines & engine parts
Contract Type FiledJanuary 7th, 2005 Company Industry
Exhibit 10.39 TERM LOAN NOTE U.S. $1,400,000.00 Dated: October 19, 2004 FOR VALUE RECEIVED, the undersigned, PHC, Inc., a Massachusetts corporation, PHC of Michigan, Inc., a Massachusetts corporation, PHC of Nevada, Inc., a Massachusetts corporation,...Term Loan Note • October 22nd, 2004 • PHC Inc /Ma/ • Services-home health care services • Maryland
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
EXHIBIT 10.2 TERM LOAN NOTE $2,050,000 April 30, 2004 FOR VALUE RECEIVED, the undersigned, iGAMES ENTERAINMENT, INC., a Nevada corporation with its chief executive office and principal place of business at 700 S. Henderson Road, Suite 210, King of...Term Loan Note • August 16th, 2004 • Igames Entertainment Inc • Calculating & accounting machines (no electronic computers)
Contract Type FiledAugust 16th, 2004 Company Industry
Exhibit 10.15 TERM A LOAN NOTE U.S. $14,315,000.00 October 29, 2003 FOR VALUE RECEIVED, the undersigned, EASY GARDENER PRODUCTS, LTD., a Texas limited partnership (the "Borrower"), hereby promises to pay to CAPITALSOURCE FINANCE LLC, a Delaware...Term Loan Note • May 14th, 2004 • Easy Gardener Products LTD • Agricultural chemicals • Texas
Contract Type FiledMay 14th, 2004 Company Industry Jurisdiction
Exhibit 10.16 TERM B LOAN NOTE U.S. $9,713,750.00 October 29, 2003 FOR VALUE RECEIVED, the undersigned, EASY GARDENER PRODUCTS, LTD., a Texas limited partnership (the "Borrower"), hereby promises to pay to CAPITALSOURCE FINANCE LLC, a Delaware limited...Term Loan Note • May 14th, 2004 • Easy Gardener Products LTD • Agricultural chemicals • Texas
Contract Type FiledMay 14th, 2004 Company Industry Jurisdiction
Exhibit 10.45 TERM LOAN A NOTE $4,000,000 Dated: December 23, 2003 FOR VALUE RECEIVED, the undersigned, CERES GROUP, INC., a Delaware corporation (the "Borrower"), hereby promises to pay to the order of National City Bank (the "Lender"), in...Term Loan Note • January 8th, 2004 • Ceres Group Inc • Life insurance
Contract Type FiledJanuary 8th, 2004 Company IndustryFOR VALUE RECEIVED, the undersigned, CERES GROUP, INC., a Delaware corporation (the "Borrower"), hereby promises to pay to the order of National City Bank (the "Lender"), in immediately available funds the principal sum of Four Million DOLLARS ($4,000,000), payable as provided in the Credit Agreement (as defined herein). Capitalized terms used herein shall have the meanings ascribed to such term in that certain Credit and Security Agreement, dated as of December 23, 2003 (as the same may from time to time be amended, supplemented, restated or otherwise modified, the "Credit Agreement"), among the Borrower, certain Subsidiary Guarantors which are parties thereto, the Lender, the other Lenders listed on the signature pages thereto, and National City Bank, as Agent (the "Agent").
EXHIBIT 10.9 TERM LOAN NOTETerm Loan Note • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places
Contract Type FiledDecember 12th, 2003 Company IndustryFOR VALUE RECEIVED and intending to be legally bound, the undersigned MONTICELLO RACEWAY MANAGEMENT, INC., a New York corporation ("Borrower"), promises to pay, in lawful money of the United States of America, to the order of THE BERKSHIRE BANK ("Lender"), at its address at 4 East 39th Street, New York, NY 10016, the original principal sum of Three Million Five Hundred Thousand Dollars ($3,500,000) plus interest in the amounts and on the dates set forth below. This note (this "Note") evidences Borrower's unconditional obligation to repay that certain loan (the "Loan") established pursuant to that certain Loan and Security Agreement, dated October 29, 2003, by and between Borrower and Lender (as it may be supplemented, restated, superseded, amended or replaced from time to time, the "Loan Agreement"). All capitalized terms used herein without further definition shall have the respective meanings ascribed thereto in the Loan Agreement.
EXHIBIT 10.7 TERM LOAN NOTETerm Loan Note • May 8th, 2003 • Radnor Holdings Corp • Plastics foam products
Contract Type FiledMay 8th, 2003 Company IndustryThis Term Loan Note is executed and delivered under and pursuant to the terms of that certain Fourth Amended and Restated Revolving Credit and Security Agreement dated as December 26, 2001 (as amended by that certain First Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement dated February 4, 2002 and that certain Second Amendment to Fourth Amended and Restated Revolving Credit Security Agreement dated the date hereof and as may be further amended, supplemented or modified from time to time, collectively the "Credit Agreement") by and among RADNOR HOLDINGS CORPORATION, WINCUP HOLDINGS, INC., RADNOR CHEMICAL CORPORATION, STYROCHEM U.S., LTD., RADNOR DELAWARE II, INC., WINCUP TEXAS, LTD., STYROCHEM DELAWARE, INC., STYROCHEM GP, L.L.C., STYROCHEM LP, L.L.C., WINCUP GP, L.L.C. AND WINCUP LP, L.L.C. (each, a "Maker" and jointly and severally, the "Makers"), the financial institutions named therein and the financial institutions which hereafter become a party ther
EXHIBIT 10.6 TERM LOAN NOTETerm Loan Note • May 8th, 2003 • Radnor Holdings Corp • Plastics foam products
Contract Type FiledMay 8th, 2003 Company IndustryThis Term Loan Note is executed and delivered under and pursuant to the terms of that certain Fourth Amended and Restated Revolving Credit and Security Agreement dated as December 26, 2001 (as amended by that certain First Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement dated February 4, 2002 and that certain Second Amendment to Fourth Amended and Restated Revolving Credit Security Agreement dated the date hereof and as may be further amended, supplemented or modified from time to time, collectively the "Credit Agreement") by and among RADNOR HOLDINGS CORPORATION, WINCUP HOLDINGS, INC., RADNOR CHEMICAL CORPORATION, STYROCHEM U.S., LTD., RADNOR DELAWARE II, INC., WINCUP TEXAS, LTD., STYROCHEM DELAWARE, INC., STYROCHEM GP, L.L.C., STYROCHEM LP, L.L.C., WINCUP GP, L.L.C. AND WINCUP LP, L.L.C. (each, a "Maker" and jointly and severally, the "Makers"), the financial institutions named therein and the financial institutions which hereafter become a party ther
EXHIBIT 10.5 TERM LOAN NOTETerm Loan Note • May 8th, 2003 • Radnor Holdings Corp • Plastics foam products
Contract Type FiledMay 8th, 2003 Company IndustryThis Term Loan Note is executed and delivered under and pursuant to the terms of that certain Fourth Amended and Restated Revolving Credit and Security Agreement dated as December 26, 2001 (as amended by that certain First Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement dated February 4, 2002 and that certain Second Amendment to Fourth Amended and Restated Revolving Credit Security Agreement dated the date hereof and as may be further amended, supplemented or modified from time to time, collectively the "Credit Agreement") by and among RADNOR HOLDINGS CORPORATION, WINCUP HOLDINGS, INC., RADNOR CHEMICAL CORPORATION, STYROCHEM U.S., LTD., RADNOR DELAWARE II, INC., WINCUP TEXAS, LTD., STYROCHEM DELAWARE, INC., STYROCHEM GP, L.L.C., STYROCHEM LP, L.L.C., WINCUP GP, L.L.C. AND WINCUP LP, L.L.C. (each, a "Maker" and jointly and severally, the "Makers"), the financial institutions named therein and the financial institutions which hereafter become a party ther
TERM LOAN NOTETerm Loan Note • April 16th, 2002 • Bizness Online Com • Services-computer integrated systems design
Contract Type FiledApril 16th, 2002 Company IndustryThis AMENDED, RESTATED AND CONSOLIDATED TERM LOAN NOTE (hereinafter, the "Note" or the "Term Loan Note") is executed and delivered under and pursuant to the terms of that certain Credit Facility Agreement dated as of March 16, 2000 (as amended prior to the date hereof and as may be amended from time to time hereafter, the "Credit Agreement") by and among BIZNESSONLINE.COM, INC. AND EACH OF ITS DIRECT AND INDIRECT SUBSIDIARIES (including any successor or permitted assignee thereof, each, a "Borrower"; collectively, the "Borrowers"), AND THE LENDERS WHICH ARE OR WHICH BECOME PARTIES TO THE CREDIT AGREEMENT, AND MCG CAPITAL CORPORATION, a Delaware corporation (as assignee of MCG Finance Corporation, and including any successor, assignee, transferee, pledgee or participant thereof, "Administrative Agent").
1 EXHIBIT 10.4 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Medical Assurance Inc • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.5 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Proassurance Corp • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.2 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Proassurance Corp • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.3 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Proassurance Corp • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.6 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Proassurance Corp • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.3 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Medical Assurance Inc • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.4 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Proassurance Corp • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.5 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Medical Assurance Inc • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.2 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Medical Assurance Inc • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
1 EXHIBIT 10.6 TERM LOAN NOTETerm Loan Note • May 18th, 2001 • Medical Assurance Inc • Fire, marine & casualty insurance
Contract Type FiledMay 18th, 2001 Company Industry
EXHIBIT 10.60 April 17, 2001 Aviation Sales Distribution Services Company Aerocell Structures, Inc. AVS/M-2, Inc. Whitehall Corporation Triad International Maintenance Corporation AVS/M-3, Inc. Caribe Aviation, Inc. Aircraft Interior Design, Inc....Term Loan Note • April 20th, 2001 • Aviation Sales Co • Wholesale-industrial machinery & equipment • New York
Contract Type FiledApril 20th, 2001 Company Industry Jurisdiction
TERM LOAN NOTE --------------Term Loan Note • March 7th, 2001 • Pacific Aerospace & Electronics Inc • Electric lighting & wiring equipment
Contract Type FiledMarch 7th, 2001 Company IndustryThis note is one of the Term Loan Notes referred to in the Loan Agreement dated as of March 1, 2001 (as the same may be amended, modified or supplemented from time to time the "Loan Agreement") by and among the Borrowers, the Lenders from time to time parties thereto, and DDJ Capital Management, LLC, a Delaware limited liability company, as Agent for the Lenders (the "Agent"). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Loan Agreement.
EXHIBIT 99.5 ------------ TERM LOAN NOTE --------------Term Loan Note • March 7th, 2001 • Pacific Aerospace & Electronics Inc • Electric lighting & wiring equipment
Contract Type FiledMarch 7th, 2001 Company IndustryThis note is one of the Term Loan Notes referred to in the Loan Agreement dated as of March 1, 2001 (as the same may be amended, modified or supplemented from time to time the "Loan Agreement") by and among the Borrowers, the Lenders from time to time parties thereto, and DDJ Capital Management, LLC, a Delaware limited liability company, as Agent for the Lenders (the "Agent"). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Loan Agreement.
TERM LOAN NOTE --------------Term Loan Note • March 7th, 2001 • Pacific Aerospace & Electronics Inc • Electric lighting & wiring equipment
Contract Type FiledMarch 7th, 2001 Company IndustryThis note is one of the Term Loan Notes referred to in the Loan Agreement dated as of March 1, 2001 (as the same may be amended, modified or supplemented from time to time the "Loan Agreement") by and among the Borrowers, the Lenders from time to time parties thereto, and DDJ Capital Management, LLC, a Delaware limited liability company, as Agent for the Lenders (the "Agent"). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Loan Agreement.
EXHIBIT 99.2 ------------ TERM LOAN NOTE --------------Term Loan Note • March 7th, 2001 • Pacific Aerospace & Electronics Inc • Electric lighting & wiring equipment
Contract Type FiledMarch 7th, 2001 Company Industry
1 EXHIBIT 4.9 TERM LOAN NOTETerm Loan Note • May 10th, 2000 • O2wireless Solutions Inc
Contract Type FiledMay 10th, 2000 Company
1 EXHIBIT 4.6 TERM LOAN NOTETerm Loan Note • May 10th, 2000 • O2wireless Solutions Inc
Contract Type FiledMay 10th, 2000 Company
1 2 Upon the occurrence of an Event of Default, Lender shall have all of the rights and remedies set forth in Section 10 of the Loan Agreement or as available at law or in equity to protect and enforce Lender's rights hereunder.Term Loan Note • April 14th, 2000 • Igi Inc • Biological products, (no disgnostic substances)
Contract Type FiledApril 14th, 2000 Company Industry
1 2 demand, protest, notice of dishonor, notice of non-payment, notice of maturity, notice of protest, presentment for the purpose of accelerating maturity, and diligence in collection.Term Loan Note • April 14th, 2000 • Igi Inc • Biological products, (no disgnostic substances)
Contract Type FiledApril 14th, 2000 Company Industry
TERM LOAN NOTETerm Loan Note • March 31st, 2000 • Bizness Online Com • Services-computer integrated systems design • Virginia
Contract Type FiledMarch 31st, 2000 Company Industry JurisdictionThis TERM LOAN NOTE (hereinafter, the "Note" or the "Term Loan Note") is executed and delivered under and pursuant to the terms of that certain Credit Facility Agreement dated as of March 16, 2000 (as may be amended from time to time hereafter, the "Credit Agreement") by and among BIZNESSONLINE.COM, INC. and each of its direct and indirect Subsidiaries (including any successor or permitted assignee thereof, each, a "Borrower"; collectively, the "Borrowers"), and the Lenders which are or which become parties to the Credit Agreement, and MCG FINANCE CORPORATION, a Delaware corporation (including any successor, assignee, transferee, pledgee or participant thereof, "Administrative Agent" or, in its capacity as the Lender under this Note, "Payee Lender").
Exhibit 4.2 TERM LOAN NOTE Due October 31, 2005Term Loan Note • January 27th, 2000 • Pulaski Furniture Corp • Wood household furniture, (no upholstered)
Contract Type FiledJanuary 27th, 2000 Company IndustryThis Note evidences a borrowing under, and is subject to, the terms of a Term Loan Agreement dated February 26, 1999 (the "Loan Agreement") by and among Pulaski, Dawson and the Bank.
TERM LOAN NOTETerm Loan Note • July 28th, 1999 • Circuit Systems Inc • Printed circuit boards
Contract Type FiledJuly 28th, 1999 Company Industry
TERM LOAN NOTE PROMISSORY NOTE ---------------Term Loan Note • June 29th, 1999 • Chalone Wine Group LTD • Beverages • California
Contract Type FiledJune 29th, 1999 Company Industry JurisdictionFOR VALUE RECEIVED, the undersigned, Chalone Wine Group, Ltd. (the "Borrower"), HEREBY UNCONDITIONALLY PROMISES TO PAY to the order of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland," New York Branch (the "Bank"), the principal sum of the Term Loan advanced to the Borrower under the Credit Agreement referenced below. The outstanding principal sum hereof shall be payable in 22 substantially equal consecutive installments (based on a ten-year amortization schedule) due and payable on the last day of each calendar quarter and commencing on December 31, 2000, plus a final principal installment equal to the unpaid principal balance of the Term Loan then outstanding, together with all accrued and unpaid interest thereon, due and payable on the Term Loan Maturity Date.