REVOLVING NOTE Note No. 709818/00003Natrol Inc • November 26th, 2004 • Medicinal chemicals & botanical products
On December 1, 2005, Natrol, Inc., a Delaware corporation (“Borrower”), promises to pay to the order of City National Bank, a national banking association (“CNB”), at its office in this city, in United States Dollars and in immediately available funds, the principal sum of Three Million and 00/100 Dollars ($3,000,000.00) (“Revolving Credit Commitment”), or so much thereof as may be advanced and be outstanding, with interest thereon to be computed on each advance from the date of its disbursement at a rate computed on a basis of a 360-day year, actual days elapsed, equal to the “Prime Rate” of CNB, as it exists from time to time, plus Three Quarters of One percent (0.75%) per year. “Prime Rate” shall mean the rate most recently announced by CNB at its principal office in Beverly Hills, California, as its “Prime Rate.” Any change in the Prime Rate shall become effective on the same business day on which the Prime Rate shall change, without prior notice to Borrower.
AGREEMENT FOR EQUIPMENT LINE FACILITYAgreement for Equipment Line Facility • November 26th, 2004 • Natrol Inc • Medicinal chemicals & botanical products • California
This Agreement for Equipment Line Facility (“Agreement”) is entered into as of November 4, 2004, by and between Natrol, Inc., a Delaware corporation (“Borrower”) and City National Bank, a national banking association (“CNB”).
COMMERCIAL GUARANTYSecurity Agreement • November 26th, 2004 • Natrol Inc • Medicinal chemicals & botanical products • California
MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of $4,850,000.00, plus all interest thereon, plus all of Lender’s costs, expenses, and attorneys’ fees incurred in connection with or relating to (A) the collection of the Indebtedness, (B) the collection and sale of any collateral for the Indebtedness or this Guaranty, or (C) the enforcement of this Guaranty. Attorneys’ fees include, without limitation, attorneys’ fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals.
