COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS COMMERCIAL SECURITY AGREEMENT dated September 30, 2005, is made and executed between SYNERGETICS, INC. (MISSOURI CORPORATION) (“Grantor”) and Union Planters Bank NA (“Lender”).
BUSINESS LOAN AGREEMENTBusiness Loan Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS BUSINESS LOAN AGREEMENT dated September 30, 2005, is made and executed between SYNERGETICS, INC. (MISSOURI CORPORATION) (“Borrower”) and Union Planters Bank NA (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement (“Loan”). Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
COMMERCIAL GUARANTYSynergetics Usa Inc • October 31st, 2005 • Electromedical & electrotherapeutic apparatus
INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower’s indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower’s liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any re
BOND PURCHASE AGREEMENTBond Purchase Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS BOND PURCHASE AGREEMENT, dated as of December 1, 2004, by and among THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ST. CHARLES COUNTY, MISSOURI, a public corporation organized under the laws of the State of Missouri (the “Issuer”), UNION PLANTERS BANK, N.A., St. Louis, Missouri, a national banking association (the “Purchaser”) and SYNERGETICS DEVELOPMENT COMPANY, L.L.C., a limited liability company organized under the laws of the State of Missouri (the “Obligor”).
COMMERCIAL SECURITY AGREEMENTSecurity Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS COMMERCIAL SECURITY AGREEMENT is entered into between SYNERGETICS, INC., a Missouri Corporation (referred to below as “Grantor”); and Union Planters Bank N.A. (referred to below as “Lender”). For valuable consideration, Grantor grants to Lender a security interest in the Collateral to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law.
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
DESCRIPTION OF EXISTING INDEBTEDNESS. A CERTAIN PROMISSORY NOTE (THE “NOTE”) FROM BORROWER(S) TO LENDER DATED (11/03/03) IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,000,000.00. AS OF (09/29/05) THE BALANCE OF THE NOTE WAS $703,278.91.
FIRST SUPPLEMENTAL LOAN AGREEMENT between THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ST. CHARLES COUNTY, MISSOURI and SYNERGETICS DEVELOPMENT COMPANY, L.L.C. Dated as of December 1, 2004 Private Activity Revenue Bonds, Series 2004 (Synergetics...First Supplemental Loan Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS FIRST SUPPLEMENTAL LOAN AGREEMENT, dated as of December 1, 2004 (the “First Supplemental Loan Agreement”), between The Industrial Development Authority of St. Charles County, Missouri, a public corporation organized and existing under the laws of the State of Missouri (the “Issuer”), and Synergetics Development Company, L.L.C., a limited liability company organized and existing under the laws of the State of Missouri (the “Obligor”), supplementing the Loan Agreement dated as of September 1, 2002 between the Issuer and the Obligor (the “Original Agreement” and together with this First Supplemental Loan Agreement, the “Loan Agreement”);
BUSINESS LOAN AGREEMENTBusiness Loan Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS BUSINESS LOAN AGREEMENT dated September 30, 2005, is made and executed between SYNERGETICS, INC. (MISSOURI CORPORATION) (“Borrower”) and Union Planters Bank NA (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement (“Loan”). Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
SECURITY AGREEMENT (EQUIPMENT)Security Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
DESCRIPTION OF COLLATERAL. A Commercial Security Agreement and Loan Agreement Dated March 10, 2000 from Synergetics, Inc. to Lender.
The above space is reserved for Recorder’s Certification.) FIRST SUPPLEMENTAL FUTURE ADVANCE DEED OF TRUST AND SECURITY AGREEMENTTrust and Security Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS FIRST SUPPLEMENTAL FUTURE ADVANCE DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE ADVANCES AND FUTURE OBLIGATIONS AND SHALL BE GOVERNED BY SECTION 443.055 R.S.MO., AS AMENDED. THE TOTAL PRINCIPAL AMOUNT OF THE PRESENT AND FUTURE ADVANCES AND OBLIGATIONS WHICH MAY BE SECURED HEREBY IS $4,975,000.
LOAN AGREEMENTLoan Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS LOAN AGREEMENT between SYNERGETICS, INC., a Missouri Corporation (“Borrower”) and Union Planters Bank, N.A. (“Lender”) is made and executed on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans and other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement. All such loans and financial accommodations, together with all future loans and financial accommodations from Lender to Borrower, are referred to in this Agreement individually as the “Loan” and collectively as the “Loans.” Borrower understands and agrees that: (a) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements, as set forth in this Agreement; (b) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (c) all suc
FIRST SUPPLEMENTAL GUARANTY OF UNASSIGNED ISSUER’S RIGHTSSynergetics Usa Inc • October 31st, 2005 • Electromedical & electrotherapeutic apparatus • Missouri
THIS FIRST SUPPLEMENTAL GUARANTY OF UNASSIGNED ISSUER’S RIGHTS dated as of December 1, 2004 (the “First Supplement “), by and between Synergetics, Inc., a Missouri corporation (the “Corporate Guarantor”), and THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ST. CHARLES COUNTY, MISSOURI, a public corporation organized and existing under the laws of the State of Missouri (the “Issuer”), supplementing the Guaranty of Unassigned Issuer’s Rights dated as of September 1, 2002 (the “Original Guaranty” and, as supplemented by this First Supplement, the “Guaranty of Unassigned Issuer’s Rights”) among William L. Bates, Gregg D. Scheller and Kurt W. Gampp, Jr., residents of the State of Missouri (the “Individual Guarantors”) and
GUARANTY OF UNASSIGNED ISSUER’S RIGHTSSynergetics Usa Inc • October 31st, 2005 • Electromedical & electrotherapeutic apparatus • Missouri
THIS GUARANTY OF UNASSIGNED ISSUER’S RIGHTS dated as of September 1, 2002 (the “Issuer Guaranty”), by and among William L. Bates, Gregg D. Scheller and Kurt W. Gampp, Jr., residents of the State of Missouri (the “Individual Guarantors”) and Synergetics, Inc., a Missouri corporation (the “Corporate Guarantor” and, together with the Individual Guarantors, the “Guarantors”), and THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ST. CHARLES COUNTY, MISSOURI, a public corporation organized and existing under the laws of the State of Missouri (the “Issuer”).
GUARANTY AGREEMENTGuaranty Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS GUARANTY AGREEMENT executed as of this 1st day of September, 2002, by and among William L. Bates, Gregg D. Scheller and Kurt W. Gampp, Jr., each an individual residing in the State of Missouri (the “Individual Guarantors” and Synergetics, Inc., a Missouri corporation (the “Corporate Guarantor” and, together with the Individual Guarantors, the “Guarantors”) and The Industrial Development Authority of St. Charles County, Missouri, a public corporation of the State of Missouri (the “Issuer”).
FUTURE ADVANCE DEED OF TRUST AND SECURITY AGREEMENTTrust and Security Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS FUTURE ADVANCE DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE ADVANCES AND FUTURE OBLIGATIONS AND SHALL BE GOVERNED BY SECTION 443.055 R.S.MO., AS AMENDED. THE TOTAL PRINCIPAL AMOUNT OF THE PRESENT AND FUTURE ADVANCES AND OBLIGATIONS WHICH MAY BE SECURED HEREBY IS $2,645,000.
LOAN AGREEMENT between THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ST. CHARLES COUNTY, MISSOURI and SYNERGETICS DEVELOPMENT COMPANY, L.L.C. Dated as of September 1, 2002 Private Activity Revenue Bonds, Series 2002 (Synergetics Development Company Project)Loan Agreement • October 31st, 2005 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
THIS LOAN AGREEMENT, dated as of September 1, 2002 (the “Loan Agreement”), between The Industrial Development Authority of St. Charles County, Missouri, a public corporation organized and existing under the laws of the State of Missouri (the “Issuer”), and Synergetics Development Company, L.L.C., a limited liability company organized and existing under the laws of the State of Missouri (the “Obligor”);
