Common Contracts

77 similar null contracts by Fairpoint Communications Inc, Sheldahl Inc, Renegy Holdings, Inc., others

Exhibit 10.30 REVOLVING NOTE
Renegy Holdings, Inc. • November 14th, 2007 • Engines & turbines

For value received, the undersigned, SNOWFLAKE WHITE MOUNTAIN POWER, LLC, an Arizona limited liability company, RENEGY, LLC, an Arizona limited liability company, and RENEGY TRUCKING, LLC, an Arizona limited liability company (collectively, "Borrowers"). unconditionally jointly and severally promise to pay to Cobank, ACB ("Lender"), at the office of CoBank, ACB, acting as administrative agent under the Credit Agreement described below, located at 5500 Quebec Street, Greenwood Village, CO 80111, in lawful money of the United States of America and in immediately available funds, the principal amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000), or if less, the aggregate unpaid and outstanding principal amount of the Revolving Loans advanced by Lender to Borrowers pursuant to that certain Credit Agreement, dated as of September 1, 2006 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among Borrowers, CoBank, ACB, as letter of credit issuer,

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40,161,891 New York, New York Note No. 1 September 8, 2006 For value received, the undersigned, SNOWFLAKE WHITE MOUNTAIN POWER, LLC, an Arizona limited liability company, RENEGY, LLC, an Arizona limited liability company, and RENEGY TRUCKING, LLC, an...
Renegy Holdings, Inc. • November 14th, 2007 • Engines & turbines

For value received, the undersigned, SNOWFLAKE WHITE MOUNTAIN POWER, LLC, an Arizona limited liability company, RENEGY, LLC, an Arizona limited liability company, and RENEGY TRUCKING, LLC, an Arizona limited liability company (collectively, "Borrowers"), unconditionally jointly and severally promise to pay to COBANK, ACB ("Lender"), at the office of CoBank, ACB, acting as the administrative agent under the Credit Agreement described below, located at 5500 S. Quebec Street, Greenwood Village, CO 80111, in lawful money of the United States of America and in immediately available funds, the principal amount of FORTY MILLION ONE HUNDRED SIXTY-ONE THOUSAND EIGHT HUNDRED NINETY-ONE DOLLARS ($40,161,891), or if less, the aggregate unpaid and outstanding principal amount of the LC Loans advanced by Lender to Borrowers pursuant to that certain Credit Agreement, dated as of September 1, 2006 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among

Exhibit 10.29 RENEGY TERM NOTE
Renegy Holdings, Inc. • November 14th, 2007 • Engines & turbines

For value received, the undersigned, SNOWFLAKE WHITE MOUNTAIN POWER, LLC, an Arizona limited liability company, RENEGY, LLC, an Arizona limited liability company, and RENEGY TRUCKING, LLC, an Arizona limited liability company (collectively, "Borrowers"), unconditionally jointly and severally promise to pay to Cobank, ACB ("Lender"), at the office of CoBank, ACB, acting as administrative agent under the Credit Agreement described below, located at 5500 S. Quebec Street, Greenwood Village, CO 80111, in lawful money of the United States of America and in immediately available funds, the principal amount of ONE MILLION FOUR HUNDRED NINETY-TWO THOUSAND ONE HUNDRED TWENTY-THREE DOLLARS ($1,492,123), or if less, the aggregate unpaid and outstanding principal amount of the Renegy Term Loans advanced by Lender to Borrowers pursuant to that certain Credit Agreement, dated as of September 1, 2006 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and am

CAP EX NOTE
Interpharm Holdings Inc • February 15th, 2006 • Pharmaceutical preparations

This Cap Ex Term Note ("Note"), made by Interpharm, Inc., a New York corporation, payable to the order of Wells Fargo Bank, National Association, acting through its Wells Fargo Business Credit operating division, in the principal amount of Three Million Five Hundred Thousand and No/100 Dollars ($3,500,000).

M&E TERM NOTE
Interpharm Holdings Inc • February 15th, 2006 • Pharmaceutical preparations

This M&E Term Note ("Note"), made by Interpharm, Inc., a New York corporation, payable to the order of Wells Fargo Bank, National Association, acting through its Wells Fargo Business Credit operating division, in the principal amount of Three Million Five Hundred Thousand and No/100 Dollars ($3,500,000).

EXHIBIT 10.11(d) FORM OF TERM NOTE
Citizens Inc • October 6th, 2004 • Life insurance

This Term Note evidences the Term Loan made pursuant to, and has been executed and delivered under, and is subject to the terms and conditions, of, that certain Loan Agreement dated effective as of March 22, 2004 (as the same may be amended, modified, supplemented, renewed, extended, restated, substituted, increased, rearranged and/or replaced from time to time, the "Loan Agreement"), among the Maker and Bank, and is the Term Note referred to therein. Unless otherwise defined herein or unless the context hereof otherwise requires each term used herein with its initial letter capitalized has the meaning given to such term in the Loan Agreement. Reference is made to the Loan Agreement and the other Loan Documents for provisions affecting this Term Note regarding payments and mandatory and voluntary prepayments, acceleration of maturity, exercise of Rights, payment of attorneys' fees, court costs, and other costs of collection, certain waivers by Maker and others now or hereafter obligate

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...
Ceres Group Inc • January 8th, 2004 • Life insurance

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 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 10.46 TERM LOAN B NOTE $9,000,000 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 The CIT Group/Equipment Financing, Inc. (the...
Ceres Group Inc • January 8th, 2004 • Life insurance

FOR VALUE RECEIVED, the undersigned, CERES GROUP, INC., a Delaware corporation (the "Borrower"), hereby promises to pay to the order of The CIT Group/Equipment Financing, Inc. (the "Lender"), in immediately available funds the principal sum of NINE MILLION DOLLARS ($9,000,000), payable as provided in the Credit Agreement (as defined herein). Capitalized terms used herein shall have the meanings ascribed to such terms 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 10.2 FORM OF REVOLVING NOTE
Pennsylvania Real Estate Investment Trust • December 4th, 2003 • Real estate investment trusts

This Note is one of the "Revolving Notes" referred to in that Credit Agreement dated as of November 20, 2003 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among the Borrower, Pennsylvania Real Estate Investment Trust, the financial institutions party thereto and their assignees under Section 11.5.(c) thereof, the Agent and the other parties thereto, and is subject to, and entitled to, all provisions and benefits thereof. Capitalized terms used herein and not defined herein shall have the respective meanings given to such terms in the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of Revolving Loans by the Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, (b) permits the prepayment of the Revolving Loans by the Borrower subject to certain terms and conditions and (c) provides for the accelerat

REVOLVING NOTE
Regency Centers Corp • August 12th, 2003 • Real estate investment trusts

This Revolving Note is one of the "Revolving Notes" referred to in the Credit Agreement dated as of April 30, 2001 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among the Borrower, Regency Realty Group, Inc., Regency Centers Corporation, the financial institutions party thereto and their assignees under Section 12.8 thereof, the Agent, and the other parties thereto, and is subject to, and entitled to, all provisions and benefits thereof. Capitalized terms used herein and not defined herein shall have the respective meanings given to such terms in the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of Revolving Loans by the Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, (b) permits the prepayment of the Loans by the Borrower subject to certain terms and conditions and (c) provides for the ac

Exhibit 10.15 C TERM NOTE - FLOATING RATE
Fairpoint Communications Inc • March 27th, 2003 • Telephone communications (no radiotelephone)
A TERM NOTE
Fairpoint Communications Inc • March 27th, 2003 • Telephone communications (no radiotelephone)

This Note is one of the A Term Notes referred to in the Credit Agreement, dated as of March 30, 1998 and amended and restated as of March 6, 2003, among the Borrower, the lenders from time to time party thereto (including the Lender), Bank of America, N.A., as Syndication Agent, Wachovia Bank, N.A., as Documentation Agent, and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as Administrative Agent (as so amended and restated and as the same may be further amended, amended and restated, modified or supplemented from time to time, the "AGREEMENT"), and is entitled to the benefits thereof and of the other Credit Documents (as defined in the Agreement). This Note is secured pursuant to the Pledge Agreement (as defined in the Agreement). As provided in the Agreement, this Note is subject to voluntary prepayment and mandatory repayment prior to the Final Maturity Date, in whole or in part.

RF NOTE
Fairpoint Communications Inc • March 27th, 2003 • Telephone communications (no radiotelephone)

This Note is one of the RF Notes referred to in the Credit Agreement, dated as of March 30, 1998 and amended and restated as of March 6, 2003, among the Borrower, the lenders from time to time party thereto (including the Lender), Bank of America, N.A., as Syndication Agent, Wachovia Bank, N.A., as Documentation Agent, and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as Administrative Agent (as so amended and restated and as the same may be further amended, amended and restated, modified or supplemented from time to time, the "AGREEMENT"), and is entitled to the benefits thereof and of the other Credit Documents (as defined in the Agreement). This Note is secured pursuant to the Pledge Agreement (as defined in the Agreement). As provided in the Agreement, this Note is subject to voluntary prepayment and mandatory repayment prior to the Final Maturity Date, in whole or in part.

EXHIBIT 10.3 SWINGLINE NOTE
O Charleys Inc • January 29th, 2003 • Retail-eating places • New York

FOR VALUE RECEIVED, the undersigned, O'CHARLEY'S INC., a corporation organized under the laws of Tennessee (the "Borrower"), promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION (the "Lender"), at the place and times provided in the Credit Agreement referred to below, the principal sum of _______________ DOLLARS ($__________) or, if less, the principal amount of all Swingline Loans made by the Lender from time to time pursuant to that certain Credit Agreement, dated as of January __, 2003 (as amended, restated, supplemented or otherwise modified, the "Credit Agreement"), by and among the Borrower, the Lenders who are or may become a party thereto, as Lenders (the "Lenders"), and Wachovia Bank, National Association, as Administrative Agent (the "Administrative Agent"). Capitalized terms used herein and not defined herein shall have the meanings assigned thereto in the Credit Agreement.

EXHIBIT 10.2 REVOLVING CREDIT NOTE
O Charleys Inc • January 29th, 2003 • Retail-eating places

FOR VALUE RECEIVED, the undersigned, O'CHARLEY'S INC., a corporation organized under the laws of Tennessee (the "Borrower"), promises to pay to the order of _______________ (the "Lender"), at the place and times provided in the Credit Agreement referred to below, the principal sum of _______________ DOLLARS ($__________) or, if less, the principal amount of all Revolving Credit Loans made by the Lender from time to time pursuant to that certain Credit Agreement, dated as of January __, 2003 (as amended, restated, supplemented or otherwise modified, the "Credit Agreement"), by and among the Borrower, the Lenders who are or may become a party thereto, as Lenders (the "Lenders"), and Wachovia Bank, National Association, as Administrative Agent (the "Administrative Agent"). Capitalized terms used herein and not defined herein shall have the meanings assigned thereto in the Credit Agreement.

B-1
Fairpoint Communications Inc • May 14th, 2002 • Telephone communications (no radiotelephone)
A-1
Fairpoint Communications Inc • May 14th, 2002 • Telephone communications (no radiotelephone)
EXHIBIT 10.3 REVOLVING CREDIT NOTE
Performance Food Group Co • November 2nd, 2001 • Wholesale-groceries, general line

FOR VALUE RECEIVED, the undersigned, PERFORMANCE FOOD GROUP COMPANY, a Tennessee corporation (the "Borrower"), promises to pay to the order of FIRST UNION NATIONAL BANK (the "Lender"), at the place and times provided in the Credit Agreement referred to below, the principal sum of ____________________ ($________________) or, if less, the principal amount of all Revolving Credit Loans made by the Lender from time to time pursuant to that certain Credit Agreement, dated as of October 16, 2001 (as amended, restated, supplemented or otherwise modified, the "Credit Agreement") by and among the Borrower, the Lenders who are or may become a party thereto, as Lenders (collectively, the "Lenders") and First Union National Bank, as Administrative Agent (the "Administrative Agent"). Capitalized terms used herein and not defined herein shall have the meanings assigned thereto in the Credit Agreement.

SWINGLINE NOTE
Performance Food Group Co • November 2nd, 2001 • Wholesale-groceries, general line

FOR VALUE RECEIVED, the undersigned, PERFORMANCE FOOD GROUP COMPANY, a corporation organized under the laws of Tennessee (the "Borrower"), promises to pay to the order of FIRST UNION NATIONAL BANK (the "Lender"), at the place and times provided in the Credit Agreement referred to below, the principal sum of TEN MILLION AND NO/100 DOLLARS ($10,000,000.00) or, if less, the principal amount of all Swingline Loans made by the Lender from time to time pursuant to that certain Credit Agreement, dated as of October 16, 2001 (as amended, restated, supplemented or otherwise modified, the "Credit Agreement") by and among the Borrower, the Lenders who are or may become a party thereto, as Lenders (collectively, the "Lenders") and First Union National Bank, as Administrative Agent (the "Administrative Agent"). Capitalized terms used herein and not defined herein shall have the meanings assigned thereto in the Credit Agreement.

Exhibit 10.16(b) THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1993, AS AMENDED, AND MAY NOT BE SOLD OR OFFERED FOR SALE EXCEPT PURSUANT TO REGISTRATION UNDER SAID ACT OR A VALID EXEMPTION THEREFROM. METROMEDIA FIBER NETWORK SERVICES,...
Metromedia Fiber Network Inc • October 10th, 2001 • Communications services, nec

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1993, AS AMENDED, AND MAY NOT BE SOLD OR OFFERED FOR SALE EXCEPT PURSUANT TO REGISTRATION UNDER SAID ACT OR A VALID EXEMPTION THEREFROM.

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SHELDAHL, INC. NOTE
Sheldahl Inc • January 12th, 2001 • Printed circuit boards
SHELDAHL, INC. NOTE
Sheldahl Inc • January 12th, 2001 • Printed circuit boards
SHELDAHL, INC. NOTE
Sheldahl Inc • January 12th, 2001 • Printed circuit boards
SHELDAHL, INC. NOTE
Sheldahl Inc • January 12th, 2001 • Printed circuit boards
SWINGLINE NOTE
Pennsylvania Real Estate Investment Trust • January 5th, 2001 • Real estate investment trusts

This Swingline Note is the "Swingline Note" referred to in that Credit Agreement dated as of December 28, 2000 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among the Borrower, Pennsylvania Real Estate Investment Trust, each Subsidiary Borrower a party thereto, the financial institutions party thereto and their assignees under Section 13.5 thereof and the Agent, and is subject to, and entitled to, all provisions and benefits thereof. Capitalized terms used herein and not defined herein shall have the respective meanings given to such terms in the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of Swingline Loans by the Swingline Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, (b) permits the prepayment of the Swingline Loans by the Borrower subject to certain terms and conditions and (c) pro

EXHIBIT 10.5 REVOLVING NOTE
Microtel International Inc • November 20th, 2000 • Instruments for meas & testing of electricity & elec signals

This Note is issued pursuant, and is subject, to the Credit Agreement, which provides, among other things, for acceleration hereof. This Note is the Revolving Note referred to in the Credit Agreement. This Note is secured, among other things, pursuant to the Credit Agreement and the Security Documents as therein defined, and may now or hereafter be secured by one or more other security agreements, mortgages, deeds of trust, assignments or other instruments or agreements.

NOTE
Sheldahl Inc • November 13th, 2000 • Printed circuit boards
1 FORM OF NOTE
Bell Sports Corp • August 21st, 2000 • Sporting & athletic goods, nec
EXHIBIT 10.40 REPLACEMENT SWINGLINE NOTE
Sterile Recoveries Inc • August 14th, 2000 • Services-personal services

This Swingline Note is the Swingline Note referred to in, and is entitled to the benefits of, the Credit Agreement of dated as of February 24, 1999 (as amended, modified or otherwise supplemented from time to time, and including by reference therein the Sweep Plus Arrangement or comparable agreement in effect from time to time, the "Credit Agreement"), by and between the Borrower, the Guarantors party thereto, the Lender and the other financial institutions party thereto and First Union National Bank as Agent and the other Credit Documents referenced therein. This Swingline Note is given in amendment to, restatement of and substitution for the Swingline Note dated February 24, 1999 in favor of the Lender under the Credit Agreement (the "REPLACED NOTE") and evidences the same indebtedness as the Replaced Note. The Credit Agreement contains, among other things, provisions for the time, place and manner of payment of this Swingline Note, the determination of the interest rate borne by and

EXHIBIT A FORM OF
Elder Beerman Stores Corp • June 13th, 2000 • Retail-department stores
1 EXHIBIT 4.7 REVOLVING LOAN NOTE Atlanta, Georgia
O2wireless Solutions Inc • May 10th, 2000
1 EXHIBIT 4.6 TERM LOAN NOTE
O2wireless Solutions Inc • May 10th, 2000
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