FORM OF] SWINGLINE NOTESwingline Note • June 1st, 2006 • Armor Holdings Inc • Orthopedic, prosthetic & surgical appliances & supplies
Contract Type FiledJune 1st, 2006 Company IndustryThis Swingline Note is the Swingline Note referred to in the Credit Agreement, dated as of May 25, 2006 (as amended, restated, amended and restated, supplemented or otherwise modified, the "Credit Agreement"), by and among the Borrower, the Material Domestic Subsidiaries of the Borrower from time to time party thereto (collectively the "Guarantors"), the lenders from time to time party thereto (the "Lenders") and Wachovia Bank, National Association, as administrative agent for the Lenders (the "Administrative Agent"), and the holder is entitled to the benefits thereof. Capitalized terms used but not otherwise defined herein shall have the meanings provided in the Credit Agreement.
SWINGLINE NOTESwingline Note • December 4th, 2003 • Pennsylvania Real Estate Investment Trust • Real estate investment trusts
Contract Type FiledDecember 4th, 2003 Company IndustryThis Swingline Note is the "Swingline Note" 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 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) provides for t
EXHIBIT 10.6 This note replaces but does not extinguish the obligations under that certain Swingline Note (the "Original Swingline Note") executed in connection with the Credit Agreement dated as of January 27, 2003 by and among the Borrower, the...Swingline Note • November 19th, 2003 • O Charleys Inc • Retail-eating places • New York
Contract Type FiledNovember 19th, 2003 Company Industry JurisdictionThis note replaces but does not extinguish the obligations under that certain Swingline Note (the "Original Swingline Note") executed in connection with the Credit Agreement dated as of January 27, 2003 by and among the Borrower, the lenders party thereto and Wachovia Bank, National Association, as Administrative Agent.
EXHIBIT C SWINGLINE NOTESwingline Note • October 10th, 2003 • American Healthways Inc • Services-misc health & allied services, nec
Contract Type FiledOctober 10th, 2003 Company IndustryFOR VALUE RECEIVED, the undersigned, AMERICAN HEALTHWAYS, INC., a Delaware corporation (the "BORROWER"), hereby promises to pay to SUNTRUST BANK (the "SWINGLINE LENDER") or its registered assigns, at the office of SunTrust Bank ("SUNTRUST") at 201 Fourth Avenue, North, Nashville, Tennessee 37219, on the Commitment Termination Date (as defined in the Revolving Credit and Term Loan Agreement dated as of September ___, 2003 (as the same may be amended, supplemented or otherwise modified from time to time, the "CREDIT AGREEMENT"), among the Borrower, the lenders from time to time party thereto and SunTrust, as administrative agent for the lenders, the lesser of the principal sum of Five Million and No/100 Dollars ($5,000,000.00) and the aggregate unpaid principal amount of all Swingline Loans made by the Swingline Lender to the Borrower pursuant to the Credit Agreement, in lawful money of the United States of America in immediately available funds, and to pay interest from the date hereof
EXHIBIT 10.3 SWINGLINE NOTESwingline Note • January 29th, 2003 • O Charleys Inc • Retail-eating places • New York
Contract Type FiledJanuary 29th, 2003 Company Industry JurisdictionFOR VALUE RECEIVED, the undersigned, O'CHARLEY'S INC., a corporation organized under the laws of Tennessee (the "Borrower"), promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION (the "Lender"), at the place and times provided in the Credit Agreement referred to below, the principal sum of _______________ DOLLARS ($__________) 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 4(i)(iii) SWINGLINE NOTESwingline Note • August 21st, 2002 • Worthington Industries Inc • Steel works, blast furnaces & rolling & finishing mills
Contract Type FiledAugust 21st, 2002 Company IndustryFOR VALUE RECEIVED, the undersigned WORTHINGTON INDUSTRIES, INC., an Ohio corporation (the "Borrower"), hereby promises to the order of PNC BANK, NATIONAL ASSOCIATION (the "Swingline Lender"), on the date when due in accordance with the Credit Agreement referred to below, the aggregate principal amount of each Swingline Loan from time to time made by the Swingline Lender to the Borrower under that certain $155,000,000 5-Year Credit Agreement dated as May 10, 2002 (as amended, restated, supplemented or otherwise modified, the "Credit Agreement"; the terms defined therein being used herein as therein defined), among the Borrower, the lending institutions party thereto from time to time and PNC Bank, National Association, as Administrative Agent, Issuing Lender and Swingline Lender.
EXHIBIT 4(j)(iii) SWINGLINE NOTESwingline Note • August 21st, 2002 • Worthington Industries Inc • Steel works, blast furnaces & rolling & finishing mills
Contract Type FiledAugust 21st, 2002 Company IndustryFOR VALUE RECEIVED, the undersigned WORTHINGTON INDUSTRIES, INC., an Ohio corporation (the "Borrower"), hereby promises to the order of PNC BANK, NATIONAL ASSOCIATION (the "Swingline Lender"), on the date when due in accordance with the Credit Agreement referred to below, the aggregate principal amount of each Swingline Loan from time to time made by the Swingline Lender to the Borrower under that certain $155,000,000 5-Year Credit Agreement dated as May 10, 2002 (as amended, restated, supplemented or otherwise modified, the "Credit Agreement"; the terms defined therein being used herein as therein defined), among the Borrower, the lending institutions party thereto from time to time and PNC Bank, National Association, as Administrative Agent, Issuing Lender and Swingline Lender.
SWINGLINE NOTESwingline Note • November 2nd, 2001 • Performance Food Group Co • Wholesale-groceries, general line
Contract Type FiledNovember 2nd, 2001 Company IndustryFOR 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.
SWINGLINE NOTESwingline Note • January 5th, 2001 • Pennsylvania Real Estate Investment Trust • Real estate investment trusts
Contract Type FiledJanuary 5th, 2001 Company IndustryThis 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
SWINGLINE NOTESwingline Note • September 7th, 2000 • Harland John H Co • Blankbooks, looseleaf binders & bookbindg & relatd work
Contract Type FiledSeptember 7th, 2000 Company Industry
Unpaid Name of Type Payments Principal Person of Interest Principal Balance Making Date Loan Period Interest of Note Notation ---- ---- ------ --------- -------- --------Swingline Note • March 24th, 2000 • Radnor Holdings Corp • Plastics foam products • New York
Contract Type FiledMarch 24th, 2000 Company Industry JurisdictionThis Swingline Note is executed and delivered under and pursuant to the terms of that certain Third Amended and Restated Revolving Credit and Security Agreement dated as of the date hereof (as amended, supplemented or modified from time to time, the "Loan Agreement") by and among WinCup Holdings, Inc., Radnor Chemical Corporation, Radnor Holdings Corporation, Radnor Delaware, Inc., StyroChem U.S., Ltd., StyroChem Delaware, Inc., and WinCup Texas, Ltd. (each, a "U.S. Borrower" and jointly and severally, the "U.S. Borrowers") and StyroChem Europe (The Netherlands), B.V., StyroChem Finland OY, ThermiSol Denmark A/S, ThermiSol Finland OY and ThermiSol Sweden AB (each a "European Borrower" and jointly and severally, the "European Borrowers"; the European Borrowers together with the U.S. Borrowers, each a "Borrower" and collectively, the "Borrowers").
SWINGLINE NOTE --------------Swingline Note • July 31st, 1998 • Hammond Residential LLC • Services-miscellaneous amusement & recreation
Contract Type FiledJuly 31st, 1998 Company IndustryFOR VALUE RECEIVED, the undersigned, EMPRESS ENTERTAINMENT, INC., a Delaware corporation, EMPRESS CASINO JOLIET CORPORATION, an Illinois corporation and EMPRESS CASINO HAMMOND CORPORATION, an Indiana corporation (collectively the "Borrowers") jointly and severally promise to pay to the order of WELLS FARGO BANK, National Association (the "Swingline Lender") at its principal office at One East First Street, Reno, Nevada 89501, Attention: Casey Potter, Vice President, Gaming Division, or at such other location as may be directed from time to time by Swingline Lender by written notice to Borrowers, the principal sum of Five Million Dollars ($5,000,000.00) or, if less, the aggregate unpaid principal amount of all Swingline Advances (as defined in the Credit Agreement, hereinafter defined) made by the Swingline Lender to or for the benefit of Borrowers pursuant to the Credit Agreement, in the manner and at the times set forth in Section 2.08 of the Credit Agreement and, in any event, on or
FORM OF SWINGLINE NOTESwingline Note • July 14th, 1998 • Power Ten • Electronic components, nec
Contract Type FiledJuly 14th, 1998 Company IndustryThis Note is the Swingline Note referred to in the Amended and Restated Credit Agreement, dated as of February 3, 1998 and amended and restated as of May 29, 1998, among Elgar Holdings, Inc., the Borrower, the lenders from time to time party thereto (including the Bank), and the Agent (as amended, 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 by the Security Documents (as defined in the Agreement) and is entitled to the benefits of the Guaranties (as defined in the Agreement). This Note is subject to voluntary prepayment and mandatory repayment prior to the Swingline Expiry Date, in whole or in part, as provided in the Agreement.
EXHIBIT 4.9 SWINGLINE NOTESwingline Note • June 1st, 1998 • Whittaker Corp • Miscellaneous fabricated metal products
Contract Type FiledJune 1st, 1998 Company IndustryThe Borrower also promises to pay interest on the unpaid principal amount hereof from time to time outstanding from the date hereof until maturity (whether by acceleration or otherwise) and, after maturity, until paid, at the rates per annum and on the dates specified in the Credit Agreement.
SWINGLINE NOTESwingline Note • May 15th, 1998 • Oreilly Automotive Inc • Retail-auto & home supply stores
Contract Type FiledMay 15th, 1998 Company IndustryThis Swingline Note is one of the Notes referred to in the Credit Agreement dated as of January 27, 1998, among the Borrower, the Lender, the other lenders party thereto (collectively with the Lender, the "Lenders"), NationsBank, N.A., as administrative agent for itself and the other Lenders ("Administrative Agent") and NationsBanc Montgomery Securities, LLC as syndication agent (such Credit Agreement, as the same may be amended or otherwise modified from time to time, being referred to herein as the "Credit Agreement"), and evidences Loans constituting Swingline Advances made by the Lender thereunder. The Credit Agreement, among other things, contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events and for prepayments of the Loans constituting Swingline Advances prior to the maturity of this Note upon the terms and conditions specified in the Credit Agreement. Capitalized terms used in this Note have the respective meanings assigned
SWINGLINE NOTESwingline Note • March 31st, 1998 • Horseshoe Gaming LLC • Services-amusement & recreation services
Contract Type FiledMarch 31st, 1998 Company Industry
1 Exhibit f.26 SECOND AMENDED AND RESTATED SWINGLINE NOTESwingline Note • February 11th, 1998 • Sirrom Capital Corp • Loan brokers
Contract Type FiledFebruary 11th, 1998 Company Industry
FORM OF SWINGLINE NOTESwingline Note • January 15th, 1998 • Reltec Corp
Contract Type FiledJanuary 15th, 1998 Company
1 EXHIBIT 10.30 SWINGLINE NOTESwingline Note • March 28th, 1997 • Prosource Inc • Wholesale-groceries, general line
Contract Type FiledMarch 28th, 1997 Company Industry
EXHIBIT 4.7 SWINGLINE NOTE --------------Swingline Note • January 3rd, 1997 • Motors & Gears Inc • New York
Contract Type FiledJanuary 3rd, 1997 Company Jurisdiction
5,000,000 August __, 1996 FOR VALUE RECEIVED, the undersigned, SIRROM INVESTMENTS, INC., a corporation organized under the laws of Tennessee (the "Borrower"), hereby promises to pay to the order of FIRST UNION NATIONAL BANK OF TENNESSEE (the "Bank"),...Swingline Note • November 7th, 1996 • Sirrom Investments Inc
Contract Type FiledNovember 7th, 1996 Company
EXHIBIT 10.05 SWINGLINE NOTESwingline Note • September 30th, 1996 • Firearms Training Systems Inc
Contract Type FiledSeptember 30th, 1996 CompanyThe Borrower promises to pay interest, on demand, on any overdue principal and, to the extent permitted by law, overdue interest from their due dates at the rate or rates provided in the Credit Agreement.