TERM LOAN AGREEMENTTerm Loan Agreement • January 6th, 2006 • Vivus Inc • Surgical & medical instruments & apparatus
VIVUS, INC., a Delaware Corporation and VIVUS REAL ESTATE LLC, a New Jersey Limited Liability Company with a business address of 1172 Castro Street, Mountain View, CA 94040 (jointly and severally if more than one, the “Borrower”) and Crown Bank, N.A., a banking association created and existing under the laws of the United States of America with a principal office located at 715 Route 70, Brick, NJ 08723 (the “Bank”), for valuable consideration, the receipt of which is hereby acknowledged, agree as follows:
COMMERCIAL MORTGAGE NOTECommercial Mortgage Note • January 6th, 2006 • Vivus Inc • Surgical & medical instruments & apparatus • New Jersey
FOR VALUE RECEIVED, the undersigned (individually and collectively (if more than one), jointly and severally, the “Borrower”), with an address at 1172 Castro Street, Mountain View, CA 94040, unconditionally promises to pay to the order of Crown Bank, N.A. (the “Bank”), at its office located at 715 Route 70, P.O. Box 130, Brick, New Jersey 08723, or at such other place as the Bank may direct, FIVE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($5,375,000.00), together with interest at the rate and on the terms provided in this Commercial Mortgage Note (including all renewals, extensions and/or modifications, this “Note”). The Commitment Letter from the Bank to Borrower, this Note and all documents executed in connection with this Note are referred to herein collectively as the “Loan Documents.”
MORTGAGE AND SECURITY AGREEMENT CROWN BANK, N.A.Mortgage and Security Agreement • January 6th, 2006 • Vivus Inc • Surgical & medical instruments & apparatus
Obligations: Loan in the principal amount of $5,375,000.00 described in that certain Commercial Mortgage Note dated even date hereof by Borrower in favor of Mortgagee (the “Note”).
