Exhibit 10.3 [FORM OF] TERM NOTENavisite Inc • June 13th, 2007 • Services-business services, nec
Company FiledJune 13th, 2007 IndustryThis Note is one of the Notes referred to in the Credit Agreement dated as of June 8, 2007 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "CREDIT AGREEMENT"), among Borrower, the Subsidiary Guarantors, the Lenders, CIBC WORLD MARKETS CORP, as sole lead arranger, documentation agent and bookrunner, CIT LENDING SERVICES CORPORATION, as syndication agent and CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York agency, as administrative agent for the Lenders, collateral agent for the Secured Parties and Issuing Bank and is subject to the provisions thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. Terms used herein which are defined in the Credit Agreement shall have such defined meanings unless otherwise defined herein or unless the context otherwise requires.
FORM OF] REVOLVING NOTEArmor Holdings Inc • June 1st, 2006 • Orthopedic, prosthetic & surgical appliances & supplies
Company FiledJune 1st, 2006 IndustryThis Revolving Note is one of the Revolving Notes 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.
FORM OF] SWINGLINE NOTEArmor Holdings Inc • June 1st, 2006 • Orthopedic, prosthetic & surgical appliances & supplies
Company FiledJune 1st, 2006 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.
Exhibit 10.2 SIXTH AMENDED AND RESTATED REVOLVING CREDIT NOTE (Revolving Line of Credit A) Dated: November 17, 2005 FOR VALUE RECEIVED, COMPUDYNE CORPORATION, a Nevada corporation ("Borrower") hereby promises to pay to the order of PNC BANK, NATIONAL...Compudyne Corp • November 21st, 2005 • Search, detection, navagation, guidance, aeronautical sys • Pennsylvania
Company FiledNovember 21st, 2005 Industry JurisdictionFOR VALUE RECEIVED, COMPUDYNE CORPORATION, a Nevada corporation ("Borrower") hereby promises to pay to the order of PNC BANK, NATIONAL ASSOCIATION ("Bank"), at the Principal Office (as such term is defined in Section 1.1 [Certain Definitions] of the Credit Agreement) of PNC Bank, National Association (the "Agent") the lesser of (i) the principal sum of THIRTEEN MILLION DOLLARS (U.S. $13,000,000) and (ii) the aggregate principal balance of all Revolving Credit A Loans, Letter of Credit Borrowings and Reimbursement Obligations made by the Bank to the Borrower or arising pursuant to Section 2.1 [Revolving Credit Facility A Commitments] or Section 2.8 [Letter of Credit Subfacility] of that Amended and Restated Credit Agreement dated March 31, 2004 by and among the Borrower, CORRLOGIC, LLC, formerly CORRLOGIC, INC., FIBER SENSYS, LLC, formerly FIBER SENSYS, INC., COMPUDYNE - PUBLIC SAFETY & JUSTICE, INC., formerly TIBURON, INC., NORMENT SECURITY GROUP, INC., NORSHIELD CORPORATION and COMPUD
FORM OF TERM NOTE $_________________ May 31, 2005BioMed Realty Trust Inc • June 3rd, 2005 • Real estate investment trusts
Company FiledJune 3rd, 2005 Industry
EXHIBIT 4.2 6.92% DEBENTURES DUE 2028 SECOND SUPPLEMENTAL INDENTURECincinnati Financial Corp • May 9th, 2005 • Fire, marine & casualty insurance • New York
Company FiledMay 9th, 2005 Industry Jurisdiction
TO HSBC BANK USA (FORMERLY THE MARINE MIDLAND TRUST COMPANY OF NEW YORK) Trustee.Enron Corp/Or/ • May 2nd, 2005 • Security & commodity brokers, dealers, exchanges & services • New York
Company FiledMay 2nd, 2005 Industry Jurisdiction
FORM OF REVOLVING CREDIT NOTEEms Technologies Inc • March 31st, 2005 • Radio & tv broadcasting & communications equipment
Company FiledMarch 31st, 2005 IndustryFOR VALUE RECEIVED, the undersigned, EMS Technologies, Inc., a Georgia corporation (THE "BORROWER"), hereby unconditionally promises to pay to the order of ________________________ (the "LENDER") or its registered assigns, at the office of SunTrust Bank ("SUNTRUST") at 303 Peachtree Street, N.E., 25th Floor, Atlanta, Georgia 30308, on the Commitment Termination Date (as defined in the U.S. Revolving Credit Agreement dated as of December 10, 2004 (as the same may be amended, supplemented or otherwise modified from time to time, the "CREDIT AGREEMENT"; capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement), among the Borrower, the Lenders from time to time party thereto and SunTrust, as Administrative Agent for the Lenders), the principal amount of ________________, or if the outstanding principal amount of all Revolving Loans is different than such amount, the aggregate unpaid principal amount of all Revolvi
EXHIBIT 10.3 ------------ FORM OF AMENDED AND RESTATED LINE OF CREDIT NOTE ------------------------------------------------Sanfilippo John B & Son Inc • March 7th, 2005 • Sugar & confectionery products • Colorado
Company FiledMarch 7th, 2005 Industry JurisdictionFOR VALUE RECEIVED, the undersigned JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (and successor in interest to Sunshine Nut Co., Inc. and Quantz Acquisition Co., Inc.), (collectively, the "Borrower" whether one or more) promises to pay to the order of U.S NATIONAL BANK ASSOCIATION (hereinafter referred to as "Lender"), at such place as U.S. Bank National Association, as agent for the Lender, may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Fifty Two Million Five Hundred Thousand Dollars ($52,500,000) or so much thereof as may be advanced and be outstanding, together with interest on any and all principal amounts outstanding calculated in accordance with the provisions set forth below. This Amended and Restated Note (this "Note") is issued under that certain Credit Agreement dated as of March 31, 1998 (as amended, supplemented, restated or otherwise modified and in effect from time to time, the "Credit Agre
FORM OF REVOLVING LOAN NOTEAmerican Rock Salt Co LLC • July 7th, 2004 • New York
Company FiledJuly 7th, 2004 JurisdictionFOR VALUE RECEIVED, the undersigned, AMERICAN ROCK SALT COMPANY LLC, a New York limited liability company (the "Borrower"), hereby unconditionally promises to pay to the order of [ ] (a "Lender"), under the Credit --------------- Agreement dated as of March 17, 2004 among the Borrower, the lenders parties thereto and MANUFACTURERS AND TRADERS TRUST COMPANY (the "Agent"), as agent for such lender parties, including without limitation the Lender (as the same may be amended, supplemented, terminated or otherwise modified from time to time, the "Credit Agreement"), at the offices of the Agent, at One M&T Plaza, Buffalo, New York 14240, the lesser of either the principal sum of [ ] DOLLARS ($[ ]) or the aggregate unpaid ------------------------- ------------ principal amount of all Revolving Loans (as defined in the Credit Agreement) made to the Borrower by this Lender pursuant to the Credit Agreement, in lawful money of the United States of America in immediately available funds, and to pa
PIK NOTEEasy Gardener Products LTD • May 14th, 2004 • Agricultural chemicals • Texas
Company FiledMay 14th, 2004 Industry Jurisdiction
TERM NOTE (US BORROWERS)Corrpro Companies Inc /Oh/ • April 14th, 2004 • Services-engineering services • Ohio
Company FiledApril 14th, 2004 Industry Jurisdiction
EXHIBIT A-2Mac-Gray Corp • March 30th, 2004 • Services-personal services
Company FiledMarch 30th, 2004 IndustryFOR VALUE RECEIVED, the undersigned (hereinafter, together with their successors in title and assigns, collectively, called the "Borrowers"), by this promissory note (hereinafter, together with the Schedule annexed hereto, called "this Note"), absolutely and unconditionally and jointly and severally promise to pay to the order of ____________, a national banking association organized under the laws of the United States of America (hereinafter, together with its successors in title and assigns, called the "Bank"), the principal sum of ____________________________, or, if less, the aggregate principal outstanding amount of all fundings made under the Term Loan by the Bank pursuant to the Loan Agreement (as hereinafter defined), and to pay interest on the principal sum outstanding hereunder from time to time from the date hereof until the said principal sum or the unpaid portion thereof shall have become due and payable as hereinafter provided.
Exhibit 10.b AMENDED AND RESTATED -------------------- MORTGAGE NOTE ------------- $1,431,165.94 As of December 3th, 2003 FOR VALUE RECEIVED, RONSON CONSUMER PRODUCTS CORPORATION, a New Jersey Corporation ("Ronson Consumer") and RONSON CORPORATION, a...Ronson Corp • January 7th, 2004 • Miscellaneous chemical products
Company FiledJanuary 7th, 2004 Industry
EXHIBIT 4.3 OFFICE DEPOT, INC. SUPPLEMENTAL INDENTURE NO. 1 6.250% Senior Notes due August 15, 2013 THIS SUPPLEMENTAL INDENTURE NO. 1, dated as of August 11, 2003 (this "Supplemental Indenture"), between OFFICE DEPOT, INC., a Delaware corporation (the...Office Depot Inc • October 27th, 2003 • Retail-miscellaneous shopping goods stores • New York
Company FiledOctober 27th, 2003 Industry Jurisdiction
EXHIBIT A FORM REVOLVING CREDIT NOTEAmerican Healthways Inc • October 10th, 2003 • Services-misc health & allied services, nec
Company FiledOctober 10th, 2003 IndustryFOR VALUE RECEIVED, the undersigned, AMERICAN HEALTHWAYS, INC., a Delaware corporation (the "BORROWER"), hereby promises to pay to _______________ (the "LENDER") or its registered assigns, at the office of SunTrust Bank ("SUNTRUST") at 201 Fourth Avenue North, Nashville, Tennessee 37219, on the Commitment Termination Date (as defined in the Revolving Credit and Term Loan Agreement dated as of September ___, 2003 (as the same may be amended, supplemented or otherwise modified from time to time, the "CREDIT AGREEMENT"), among the Borrower, the lenders from time to time party thereto and SunTrust Bank, as administrative agent for the lenders, the lesser of (i) the principal sum of _____________ Million and 00/100 ($________________), or (ii) the aggregate unpaid principal amount of all Revolving Loans made by the 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 C SWINGLINE NOTEAmerican Healthways Inc • October 10th, 2003 • Services-misc health & allied services, nec
Company FiledOctober 10th, 2003 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 10.33 ------------- LINE OF CREDIT NOTE -------------------Sanfilippo John B & Son Inc • September 15th, 2003 • Sugar & confectionery products • Colorado
Company FiledSeptember 15th, 2003 Industry JurisdictionFOR VALUE RECEIVED, the undersigned JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (and successor in interest to Sunshine Nut Co., Inc. and Quantz Acquisition Co., Inc.), and JBS INTERNATIONAL, INC., a Barbados corporation, (collectively, the "Borrower" whether one or more) promises to pay to the order of SUN TRUST BANK NATIONAL ASSOCIATION (hereinafter referred to as "Lender"), at such place as U.S. Bank National Association, as agent for the Lender, may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Seventeen Million One Hundred Forty-Two Thousand Eight Hundred Fifty-Six and 00/100 Dollars ($17,142,856) or so much thereof as may be advanced and be outstanding, together with interest on any and all principal amounts outstanding calculated in accordance with the provisions set forth below. This Note is issued under that certain Credit Agreement dated as of March 31, 1998 (as amended, supplemented, restated or
EXHIBIT 10.32 ------------- LINE OF CREDIT NOTE -------------------Sanfilippo John B & Son Inc • September 15th, 2003 • Sugar & confectionery products • Colorado
Company FiledSeptember 15th, 2003 Industry JurisdictionFOR VALUE RECEIVED, the undersigned JOHN B. SANFILIPPO & SON, INC., a Delaware corporation (and successor in interest to Sunshine Nut Co., Inc. and Quantz Acquisition Co., Inc.), and JBS INTERNATIONAL, INC., a Barbados corporation, (collectively, the "Borrower" whether one or more) promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION (hereinafter referred to as "Lender"), at such place as U.S. Bank National Association, as agent for the Lender, may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Forty Million and 00/100 Dollars ($40,000,000) or so much thereof as may be advanced and be outstanding, together with interest on any and all principal amounts outstanding calculated in accordance with the provisions set forth below. This Note is issued under that certain Credit Agreement dated as of March 31, 1998 (as amended, supplemented, restated or otherwise modified and in effect from time to time, the "Credit
AS ISSUER AND DEUTSCHE BANK TRUST COMPANY AMERICAS (F/K/A BANKERS TRUST COMPANY), AS TRUSTEERenaissancere Holdings LTD • January 31st, 2003 • Fire, marine & casualty insurance • New York
Company FiledJanuary 31st, 2003 Industry Jurisdiction
Exhibit 4(b) THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR ONE OR MORE NOTES IN...American General Finance Corp • November 18th, 2002 • Personal credit institutions • New York
Company FiledNovember 18th, 2002 Industry JurisdictionTHIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR ONE OR MORE NOTES IN CERTIFICATED FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITORY TRUST COMPANY, 55 WATER STREET, NEW YORK, NEW YORK, A NEW YORK CORPORATION ("DTC"), TO A NOMINEE OF DTC OR BY A NOMINEE OF DTC TO DTC OR ANOTHER NOMINEE OF DTC OR BY DTC OR ANY SUCH NOMINEE TO A SUCCESSOR TO DTC OR A NOMINEE OF SUCH SUCCESSOR. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF DTC TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, P
October 16, 2002 MMCA Auto Receivables Trust II 6363 Katella Avenue Cypress, California 90630-5205 Re: MMCA Auto Owner Trust 2002-4 Ladies and Gentlemen: We hereby confirm arrangements made as of the date hereof with you to be effective upon (i)...Mmca Auto Owner Trust 2002-4 • October 22nd, 2002 • Asset-backed securities • New York
Company FiledOctober 22nd, 2002 Industry Jurisdiction
EXHIBIT 10.7 AMENDED AND RESTATED SECURED PROMISSORY NOTE -----------------------NBC Acquisition Corp • August 13th, 2002 • Wholesale-miscellaneous nondurable goods • New York
Company FiledAugust 13th, 2002 Industry Jurisdiction
EXHIBIT AAmerican Healthways Inc • July 12th, 2002 • Services-misc health & allied services, nec
Company FiledJuly 12th, 2002 IndustryFOR VALUE RECEIVED, the undersigned, AMERICAN HEALTHWAYS, INC., a Delaware corporation (the "BORROWER"), hereby promises to pay to __________________________ (the "LENDER") or its registered assigns, at the office of _______________________ ("___________________") at ________________ , on the Commitment Termination Date (as defined in the Revolving Credit Agreement dated as of May ________, 2002, (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 Bank, as administrative agent for the lenders, the lesser of (i) the principal sum of _____________________________ and 00/100 ($___________) or (ii) the aggregate unpaid principal amount of all Revolving Loans made by the 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 on the princip
PROMISSORY NOTELiberty Media Corp /De/ • June 7th, 2002 • Cable & other pay television services
Company FiledJune 7th, 2002 Industry
EXHIBIT 10.1 LEASE OF OFFICE SPACESafety Insurance Group Inc • June 5th, 2002 • Fire, marine & casualty insurance
Company FiledJune 5th, 2002 Industry
December 13, 2001 MMCA Auto Receivables Trust 6363 Katella Avenue Cypress, California 90630-5205 Re: MMCA Auto Owner Trust 2001-4 Ladies and Gentlemen: We hereby confirm arrangements made as of the date hereof with you to be effective upon (i) receipt...Mmca Auto Owner Trust 2001-4 • December 17th, 2001 • Asset-backed securities
Company FiledDecember 17th, 2001 Industry
1 EXHIBIT 10.28 SONY PICTURES CLASSICS 550 MADISON AVENUE (8TH FLOOR) NEW YORK, NY 10022 PHONE: 212-833-8833 FAX: 212-833-8844 As of February 8, 2001 VIA FAX: (310) 248-2020 VANS, INC. 15700 Shoemaker Avenue Santa Fe Springs, California 90670 Attn:...Vans Inc • August 29th, 2001 • Rubber & plastics footwear • California
Company FiledAugust 29th, 2001 Industry Jurisdiction
PROMISSORY NOTE (Acquisition/Revolving Line of Credit) (LIBOR Rate)Sonic Automotive Inc • August 14th, 2001 • Retail-auto dealers & gasoline stations
Company FiledAugust 14th, 2001 IndustryCapitalized terms used herein and not otherwise defined herein shall have the meaning given to such terms in the Credit Agreement dated as of August 10, 2000, as amended by the Amended and Restated Credit Agreement dated as of even date herewith, among Borrower, the Lender and certain other lender parties thereto, and Ford Motor Credit Company, a Delaware corporation, as Agent for all lender parties (the "Agreement").
PROMISSORY NOTE (Acquisition/Revolving Line of Credit) (LIBOR Rate)Sonic Automotive Inc • August 14th, 2001 • Retail-auto dealers & gasoline stations
Company FiledAugust 14th, 2001 IndustryCapitalized terms used herein and not otherwise defined herein shall have the meaning given to such terms in the Amended and Restated Credit Agreement dated as of even date herewith, among Borrower, the Lender and certain other lender parties thereto, and Ford Motor Credit Company, a Delaware corporation, as Agent for all lender parties (the "Agreement").
Loan No. ML 0883T1 FIRST SUPPLEMENT TO THE MASTER LOAN AGREEMENT THIS FIRST SUPPLEMENT (this "First Supplement") to the Master Loan Agreement dated as of June 29, 2001 (as the same may be amended, modified, supplemented, extended or restated from time...Knology Inc • August 2nd, 2001 • Radiotelephone communications
Company FiledAugust 2nd, 2001 Industry
1 EXHIBIT 10.74 FORM OF REVOLVING CREDIT NOTEAppliedtheory Corp • July 26th, 2001 • Services-computer integrated systems design
Company FiledJuly 26th, 2001 Industry
1 EXHIBIT 10.22 AMERICAN HOMEPATIENT, INC. PROMISSORY NOTEAmerican Homepatient Inc • June 20th, 2001 • Services-home health care services • Delaware
Company FiledJune 20th, 2001 Industry Jurisdiction
Re: MMCA Auto Owner Trust 2001-2 ---------------------------- Ladies and Gentlemen:Mmca Auto Owner Trust 2001 2 • May 31st, 2001 • Asset-backed securities
Company FiledMay 31st, 2001 Industry
PROMISSORY NOTELiberty Media Corp /De/ • March 13th, 2001 • Cable & other pay television services
Company FiledMarch 13th, 2001 Industry