ContractSecured Subordinated Promissory Note • March 27th, 2009 • Xedar Corp • Blank checks
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), AND IS NOT A "REGISTERED SECURITY" AS THAT TERM IS DEFINED IN RULE 144 UNDER THE ACT. THIS NOTE MAY NOT BE OFFERED FOR SALE, SOLD OR TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE ACT, THE AVAILABILITY OF WHICH IS TO BE ESTABLISHED TO THE SATISFACTION OF THE MAKER.
372,000 Woodland Hills, California July 27, 2015Secured Subordinated Promissory Note • July 30th, 2015 • CrowdGather, Inc. • Services-computer processing & data preparation • California
SECURED SUBORDINATED PROMISSORY NOTE (Seller Note - Cazeault)Secured Subordinated Promissory Note • July 18th, 2024 • ConnectM Technology Solutions, Inc. • Construction - special trade contractors • Massachusetts
This Promissory Note (this “Note”) is issued in connection with that certain Membership Interest Purchase Agreement of even date herewith, as the same may be amended from time to time (the “Purchase Agreement”), by and among ConnectM Technology Services, LLC, a Massachusetts limited liability company (the “Borrower”), Cazeault Solar & Home, LLC, a Massachusetts limited liability company (the “Company”), Russell S. Cazeault, an individual resident of Massachusetts (“Lender”) and Timothy J. Sanborn, an individual resident of Massachusetts (“Sanborn” and, together with the Lender, “Sellers”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.
SECOND AMENDMENT TO SECURED SUBORDINATED PROMISSORY NOTE DATED AS OF JUNE 3, 2004Secured Subordinated Promissory Note • August 30th, 2005 • Virbac Corp • Pharmaceutical preparations • Delaware
This Second Amendment is made as of the 2nd day of August, 2005, by and among Virbac Corporation, a Delaware corporation, PM Resources, Inc., a Missouri corporation, St. Jon Laboratories, Inc., a California corporation, Francodex Laboratories, Inc., a Kansas corporation, Delmarva Laboratories, Inc., a Virginia corporation and Virbac AH, Inc., Delaware corporation (collectively, the “Borrowers”), and Virbac S A., a company organized under the laws of the Republic of France (the “Holder”) (capitalized terms used but not defined herein shall have the meanings ascribed to such terms in that certain Secured Subordinated Promissory Note, dated June 3, 2004, in the original principal amount of $2,000,000.00 by and between the Borrowers and the Holder (as amended, modified or restated from time to time, the “Note”)).
THIRD AMENDMENT TO SECURED SUBORDINATED PROMISSORY NOTE DATED AS OF APRIL 29, 2004Secured Subordinated Promissory Note • March 31st, 2006 • Virbac Corp • Pharmaceutical preparations • Delaware
This Third Amendment is made as of the 7th day of March, 2006, by and among Virbac Corporation, a Delaware corporation, PM Resources, Inc., a Missouri corporation, St. Jon Laboratories, Inc., a California corporation, Francodex Laboratories, Inc., a Kansas corporation, Delmarva Laboratories, Inc., a Virginia corporation and Virbac AH, Inc., Delaware corporation (collectively, the “Borrowers”), and Virbac S.A., a company organized under the laws of the Republic of France (the “Holder”) (capitalized terms used but not defined herein shall have the meanings ascribed to such terms in that certain Secured Subordinated Promissory Note, dated April 29, 2004, in the original principal amount of $3,000,000.00 by and between the Borrowers and the Holder (as amended, modified or restated from time to time, the “Note”)).
ContractSecured Subordinated Promissory Note • October 29th, 2010 • P&f Industries Inc • Metalworkg machinery & equipment • New York
THIS INSTRUMENT IS SUBJECT TO THAT CERTAIN SUBORDINATION AND INTERCREDITOR AGREEMENT DATED AS OF OCTOBER 25, 2010, BETWEEN RICHARD A. HOROWITZ, AS THE SUBORDINATED CREDITOR, AND CAPITAL ONE LEVERAGE FINANCE CORPORATION, AS SENIOR AGENT FOR ALL SENIOR LENDERS.
EX-10.6 9 dex106.htm SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • May 5th, 2020 • New York
This Note is subject to the terms of that certain Debt and Lien Subordination Agreement dated on or about the date hereof between the Borrower, the Holder and Bank of America, N.A., a national banking association (the “Debt and Lien Subordination Agreement”) pursuant to which the obligations of the Borrower hereunder are subordinated to certain obligations of the Borrower to the lenders under that certain Amended and Restated Credit and Security Agreement among the Borrower, certain other parties and Bank of America, N.A., acting as collateral and administrative agent, for itself and such lenders, as the same may be amended or otherwise modified from time to time (the “Senior Credit Agreement”). This Note is secured by a second priority lien on the outstanding shares of capital stock of PNA Group, Inc., a wholly owned subsidiary of the Borrower (the “Subsidiary”) and the proceeds thereof, which lien is also subject to the terms of the Debt and Lien Subordination Agreement.
ContractSecured Subordinated Promissory Note • May 7th, 2009 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York
THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), PURSUANT TO SECTION 4(2) OF SAID ACT AND NOT WITH A VIEW TO OR IN CONNECTION WITH THE DISTRIBUTION THEREOF. THIS NOTE MAY NOT BE OFFERED FOR SALE OR SOLD OR OTHERWISE DISPOSED OF EXCEPT UPON COMPLIANCE WITH THE REGISTRATION PROVISIONS OF THE ACT OR AN EXEMPTION FROM SUCH PROVISIONS.
ContractSecured Subordinated Promissory Note • August 25th, 2015 • CrowdGather, Inc. • Services-computer processing & data preparation • California
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. IT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF A REGISTRATION STATEMENT IN EFFECT WITH RESPECT TO THE SECURITY UNDER SUCH ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED OR UNLESS SOLD PURSUANT TO RULE 144 OF SUCH ACT.
SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • December 21st, 2023 • Monterey Capital Acquisition Corp • Blank checks • Florida
This Promissory Note (this "Note") is issued in connection with that certain Membership Interest Purchase Agreement of even date herewith, as the same may be amended from time to time (the "Purchase Agreement"), by and between the ConnectM Babione, LLC, a Florida limited liability company (the "Borrower"), and Douglas Pence, an individual resident of Florida (the "Lender"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.
AMENDMENT NO. 1 TO SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • November 19th, 2012 • Bluefly Inc • Retail-catalog & mail-order houses • New York
Amendment No. 1 to Secured Subordinated Promissory Note (this "Amendment"), dated as of November 13, 2012, between Bluefly, Inc., a Delaware corporation ("Company"), and Prentice Consumer Partners, LP, a Delaware limited partnership ("Payee").
AMENDMENT TO AMENDED AND RESTATED SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • January 7th, 2015 • Quest Solution, Inc. • Services-computer integrated systems design
This AMENDMENT TO AMENDED AND RESTATED SECURED SUBORDINATED PROMISSORY NOTE (this “Amendment”) is entered into as of this 31st day of December, 2014 by and among Quest Solution, Inc., a Delaware corporation (the “Debtor”) and Kurt Thomet (the “Note Holder”).
SECURED SUBORDINATED PROMISSORY NOTE (“Note”) $[__________________] Minneapolis, Minnesota [___________ ___, 20___] FOR VALUE RECEIVED, Contrail Aviation Support, LLC, a North Carolina limited liability company (“Maker”), hereby agrees and promises to...Secured Subordinated Promissory Note • May 31st, 2024 • Air T Inc • Air courier services
ContractSecured Subordinated Promissory Note • May 30th, 2023 • Smart for Life, Inc. • Medicinal chemicals & botanical products • Florida
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS, OR AN OPINION OF COUNSEL, IN A FORM REASONABLY ACCEPTABLE TO THE COMPANY, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR APPLICABLE STATE SECURITIES LAWS OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SAID ACT.
ContractSecured Subordinated Promissory Note • January 3rd, 2024 • Serve Robotics Inc. /DE/ • Miscellaneous transportation equipment • California
THE INDEBTEDNESS REPRESENTED BY THIS NOTE IS EXPRESSLY SUBORDINATED TO THE CLAIMS OF SILICON VALLEY BANK, A DIVISION OF FIRST-CITIZENS BANK & TRUST COMPANY (“BANK”) PURSUANT TO A SUBORDINATION AGREEMENT DATED AS OF DECEMBER __, 2023 BY AND AMONG THE HOLDER OF THIS NOTE AND THE BANK (THE “SUBORDINATION AGREEMENT”). ANY ASSIGNMENT OF THIS NOTE SHALL BE SUBJECT TO THE SUBORDINATION AGREEMENT.
EXHIBIT 10.132 SECURED/SUBORDINATED PROMISSORY NOTESecured/Subordinated Promissory Note • November 14th, 2000 • Axys Pharmecueticals Inc • Pharmaceutical preparations • California
AMENDMENT TO AMENDED AND RESTATED SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • January 7th, 2015 • Quest Solution, Inc. • Services-computer integrated systems design
This AMENDMENT TO AMENDED AND RESTATED SECURED SUBORDINATED PROMISSORY NOTE (this “Amendment”) is entered into as of this 31st day of December, 2014 by and among Quest Solution, Inc., a Delaware corporation (the “Debtor”) and George Zicman (the “Note Holder”).
SECOND AMENDMENT TO NOTESecured Subordinated Promissory Note • August 3rd, 2010 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York
This Second Amendment to the 10% Secured Subordinated Promissory Note, dated as of this 30th day of June, 2010 by and between Richard Parrillo (the "Payee"), and Hudson Technologies, Inc. (the "Maker"), and Hudson Technologies Company ("Company").
FIRST AMENDMENT TO NOTESecured Subordinated Promissory Note • November 4th, 2009 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York
This First Amendment to the 10% Secured Subordinated Promissory Note, dated as of this 30th day of September, 2009 by and between Richard Parrillo (the "Payee"), and Hudson Technologies, Inc. (the "Maker"), and Hudson Technologies Company ("Company").
ContractSecured Subordinated Promissory Note • October 13th, 2005 • Artisoft Inc • Services-prepackaged software • Delaware
THIS SECURED SUBORDINATED PROMISSORY NOTE IS SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THE SUBORDINATION AGREEMENT DATED SEPTEMBER 28, 2005 (THE “SUBORDINATION AGREEMENT”) BY BORROWER AND PAYEE OF THIS SECURED SUBORDINATED PROMISSORY NOTE IN FAVOR OF SILICON VALLEY BANK (THE “SENIOR LENDER”) TO ALL “SENIOR DEBT” (AS SUCH TERM IS DEFINED IN THE SUBORDINATION AGREEMENT) AT ANY TIME OWED BY BORROWER TO SENIOR LENDER, AND PAYEE AND EACH OTHER HOLDER OF THIS NOTE BY ITS ACCEPTANCE HEREOF, SHALL BE BOUND BY THE PROVISIONS OF SUCH SUBORDINATION AGREEMENT.
FIRST AMENDMENT TO SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • January 7th, 2015 • Calpian, Inc. • Services-business services, nec • New York
THIS IS AMENDMENT (the “Amendment") being executed and delivered by and between Calpian Inc., a Texas corporation ("Calpian" or the “Company”), and the lender identified on the signature page hereto ("Lender"), and dated as of December 31, 2014 (the “Amendment Date”) in order to amend that certain Secured Subordinated Promissory Note identified on the signature page hereto (the “Subordinated Note” or the “Note”).
THE OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT (THE “SUBORDINATION AGREEMENT”) DATED AS OF MAY 28,Secured Subordinated Promissory Note • June 3rd, 2008 • Fountain Powerboat Industries Inc • Ship & boat building & repairing
This Note is issued pursuant to the Asset Purchase Agreement, dated as of May 28, 2008, among the Company and Baja (the “Asset Purchase Agreement”). The obligations of the Company under this Note are guaranteed by Fountain Powerboat Industries, Inc., a Nevada corporation (“Guarantor”), which owns all the capital stock of the Company. Capitalized terms used but not defined herein have the respective meanings set forth in the Baja Engine Supply Agreement (the “Baja Engine Supply Agreement”) dated the date hereof among Guarantor, the Company and Mercury Marine, a Division of Brunswick Corporation (“Mercury”), unless otherwise noted.
AMENDMENT TO SECURED SUBORDINATED PROMISSORY NOTESecured Subordinated Promissory Note • March 12th, 2021 • Identiv, Inc. • Computer peripheral equipment, nec • Delaware
THIS AMENDMENT TO SECURED SUBORDINATED PROMISSORY NOTE (this “Amendment”) is entered into as of February 5, 2021 by and between Identiv, Inc., a Delaware corporation (the “Company”), and 21 April Fund, Ltd. (the “Holder”).
ContractSecured Subordinated Promissory Note • December 16th, 2021 • Smart for Life, Inc. • Medicinal chemicals & botanical products • Florida
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS, OR AN OPINION OF COUNSEL, IN A FORM REASONABLY ACCEPTABLE TO THE COMPANY, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR APPLICABLE STATE SECURITIES LAWS OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SAID ACT.
