ContractMaker • October 2nd, 2013 • Btu International Inc • Special industry machinery, nec • Massachusetts
This Second Amended and Restated Commercial Real Estate Promissory Note has been executed and delivered in accordance with (i) that certain Commitment Letter (the “Commitment Letter”) dated September 19, 2013 between the Borrower (as defined below) and the Bank (as defined below), and (ii) that certain Second Modification Agreement (the “Second Modification Agreement”) of even date by and between the Borrower and the Bank, the terms of each of which are incorporated herein by reference and made a part of this Note. This Note amends and restates that certain Amended and Restated Commercial Real Estate Promissory Note dated March 30, 2006 in the principal amount of Ten Million Dollars ($10,000,000.00) made by the Borrower payable to the Bank. That certain Mortgage, Security Agreement and Assignment (as amended, the “Mortgage”) dated December 23, 2003, by and between the Borrower and the Bank, sets forth further terms and conditions upon which the entire unpaid principal hereof and all in
