Standard Contracts
ARTICLE 1 CONTRACT RATE AND AMORTIZATIONSecured Term Note • February 12th, 2008 • Pacific Energy Resources LTD • New York
SECURED TERM NOTESecured Term Note • August 21st, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York
Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Security and Purchase Agreement dated as of November 9, 2004 among Borrowers and the Holder (as amended by that certain letter agreement dated as of the date hereof by and among the Borrowers and the Holder and as otherwise heretofore or hereafter amended, modified, restated and supplemented from time to time, the “Security Agreement”).
AMENDED AND RESTATED SECURED TERM NOTESecured Term Note • April 4th, 2008 • True North Energy CORP • Crude petroleum & natural gas • New York
TRUE NORTH ENERGY CORPORATION, a Nevada corporation (“TNEC”), and ICF ENERGY CORPORATION, a Texas corporation (“ICF”, and together with TNEC, each a “Company” and collectively the “Companies”), executed and delivered a secured term note (the “Existing Note”) pursuant to that certain Securities Purchase Agreement dated as of September 18, 2007 (as amended, modified and/or supplemented from time to time, the “Purchase Agreement”), among Companies, the Holder (as defined below), any other Purchasers thereunder and the Holder, as agent for the Purchasers.
ContractSecured Term Note • December 4th, 2007 • New Century Energy Corp. • Crude petroleum & natural gas • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO NEW CENTURY ENERGY CORP. THAT SUCH REGISTRATION IS NOT REQUIRED.
ContractSecured Term Note • June 15th, 2006 • Petrol Oil & Gas Inc • Crude petroleum & natural gas • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO PETROL OIL AND GAS, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
AMENDED AND RESTATED SECURED TERM NOTESecured Term Note • January 4th, 2008 • Stockeryale Inc • Optical instruments & lenses • New York
Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Securities Purchase Agreement (as amended, restated, modified and/or supplemented from time to time, the “Purchase Agreement”) dated as of December 30, 2005 among the Borrower, the Holder and PSource Structured Debt Limited (as assignee of the Holder) (“PSource”).
ContractSecured Term Note • October 15th, 2007 • Windswept Environmental Group Inc • Hazardous waste management • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO WINDSWEPT ENVIRONMENTAL GROUP, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
SECURED TERM NOTE #2Secured Term Note • January 14th, 2016 • AMERICAN POWER GROUP Corp • Engines & turbines
FOR VALUE RECEIVED, AMERICAN POWER GROUP, INC., an Iowa corporation with its principal place of business located at 2503 Poplar Street, P.O. Box 187, Algona IA 50511 (“Borrower”), promises to pay to the order of WPU LEASING, LLC (together with any subsequent holders of this Note, the "Lender"), at the Lender's principal place of business located at 650 Madison Avenue, 20th Floor, New York NY 10022, or at such other place as the Lender may designate to the Borrower from time to time, the principal sum of
ContractSecured Term Note • February 17th, 2006 • Creative Vistas Inc • Blank checks • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO CREATIVE VISTAS, INC THAT SUCH REGISTRATION IS NOT REQUIRED.
ARTICLE I INTEREST & AMORTIZATIONSecured Term Note • December 6th, 2005 • National Investment Managers Inc. • Investment advice • New York
SECOND AMENDED AND RESTATED SECURED TERM NOTESecured Term Note • August 14th, 2009 • PetroAlgae Inc. • Industrial organic chemicals • New York
This Term Note amends and restates in its entirety (and is given in substitution for and not in satisfaction of) that certain Amended and Restated Short Term Demand Note issued as of August 26, 2008 (and dated August 8, 2008) in the original principal amount of $417,511.92 made by Maker to Payee which further amended that certain Short Term Demand Note dated as August 8, 2008 in the original principal amount of $417,511.92 made by Maker in favor of Payee.
AMENDED AND RESTATED SECURED TERM NOTESecured Term Note • December 21st, 2023 • Scott John K Jr. • In vitro & in vivo diagnostic substances
This Amended and Restated Secured Term Note (the “Note”) amends and restates in its entirety that certain Secured Term Note dated April 10, 2022 made by the Borrower in favor of the Lender in the original principal amount of $2,500,000 (the “Original Note”), all of which was loaned to the Borrower. On June 29, 2023, the Borrower and the Lender agreed to exchange $1,073,600 principal amount of the Original Note for 12,200,000 shares of the Borrower’s common stock based on the closing stock price on June 28, 2023. On the date hereof, the Lender has agreed to forgive $100,000 of principal outstanding under the Original Note and to advance an additional loan in the principal amount of $750,000.00 pursuant to a separate secured convertible promissory note. In addition, the Borrower and the Lender have agreed to extend the maturity date of the Original Note for an additional 12 months.
ContractSecured Term Note • July 15th, 2008 • EMTA Holdings, Inc. • Petroleum refining • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS TERM NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS TERM NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO EMTA PRODUCTION HOLDINGS, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
ContractSecured Term Note • May 7th, 2008 • Solar Thin Films, Inc. • Wholesale-construction & mining (no petro) machinery & equip • New York
THIS NOTE HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS.
SECURED TERM NOTESecured Term Note • February 20th, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York
Capitalized terms used herein without definition shall have the meanings ascribed to such terms in those certain General Security Agreements and Deeds of Hypothec, as the case may be, dated as of the date hereof by and between each of the Companies and the Holder (as amended, restated, modified and/or supplemented from time to time, collectively, the “Security Agreements”).
ContractSecured Term Note • January 8th, 2007 • Implant Sciences Corp • Surgical & medical instruments & apparatus • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO IMPLANT SCIENCES CORPORATION THAT SUCH REGISTRATION IS NOT REQUIRED.
ContractSecured Term Note • May 14th, 2008 • SouthPeak Interactive CORP • Services-prepackaged software • Virginia
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO SOUTHPEAK INTERACTIVE, L.L.C., THAT SUCH REGISTRATION IS NOT REQUIRED.
ContractSecured Term Note • December 26th, 2006 • Host America Corp • Retail-eating places • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS TERM NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS TERM NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO HOST AMERICA CORP., THAT SUCH REGISTRATION IS NOT REQUIRED.
SECURED TERM NOTESecured Term Note • January 4th, 2006 • Stockeryale Inc • Optical instruments & lenses • New York
FOR VALUE RECEIVED, STOCKERYALE, INC., a Massachusetts corporation (the “Borrower”), hereby promises to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands, Fax: 345-949-8080 (the “Holder”) or its registered assigns or successors in interest, without demand, the sum of Four Million Dollars ($4,000,000) (the “Principal Amount”), together with any accrued and unpaid interest, on December 30, 2008 (the “Maturity Date”), if not sooner paid.
ContractSecured Term Note • June 30th, 2006 • Hesperia Holding Inc • Millwood, veneer, plywood, & structural wood members • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO PARENT THAT SUCH REGISTRATION IS NOT REQUIRED.
RECITALS --------Secured Term Note • August 5th, 2005 • Lasersight Inc /De • Electromedical & electrotherapeutic apparatus • Maryland
ARTICLE I INTEREST & AMORTIZATIONSecured Term Note • May 23rd, 2007 • Synergy Brands Inc • Wholesale-groceries, general line • New York
SECURED TERM NOTESecured Term Note • December 2nd, 1997 • BMJ Medical Management Inc • Services-specialty outpatient facilities, nec
ContractSecured Term Note • January 6th, 2006 • Creative Vistas Inc • Blank checks • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO CANCABLE INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
SECURED TERM NOTESecured Term Note • February 20th, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York
Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Stock Pledge, dated as of the date hereof, by and between Thomas Ventures and the Holder (as the same may be amended, modified, restated and supplemented from time to time, the “Stock Pledge”), that certain Common Stock Purchase Warrant, dated the date hereof, by Thomas Equipment in favor of the Holder (the “Warrant”) or that certain Registration Rights Agreement, by and among the Thomas Equipment and the Holder (the “Registration Rights Agreement” and together with the Stock Pledge and the Warrant, the “Ancillary Documents”), as applicable.
ContractSecured Term Note • June 6th, 2006 • Miscor Group, Ltd. • Services-miscellaneous repair services • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO MAGNETECH INDUSTRIAL SERVICES OF ALABAMA, LLC THAT SUCH REGISTRATION IS NOT REQUIRED.
THIRD AMENDED AND RESTATED SECURED TERM NOTESecured Term Note • October 10th, 2007 • Elec Communications Corp • Telephone communications (no radiotelephone) • New York
SECURED TERM NOTESecured Term Note • April 28th, 2020 • BioRestorative Therapies, Inc. • Services-misc health & allied services, nec • Massachusetts
FOR VALUE RECEIVED, the undersigned, BioRestorative Therapies, Inc., a Delaware corporation (the “Borrower”) as a debtor and debtor in possession, pursuant to the Borrower’s chapter 11 case (the “Chapter 11 Case”) under Title 11 of the United States Code, as amended filed in the Eastern District of New York (the “Bankruptcy Court”) hereby absolutely and unconditionally promises to pay to the order of Auctus Fund, LLC, a Delaware limited liability company, or its successor and/or assign (the “Holder”), in lawful money of the United States of America:
ContractSecured Term Note • November 10th, 2005 • Coach Industries Group Inc • Motor vehicles & passenger car bodies • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO COACH INDUSTRIES GROUP, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
Exhibit 10.2 THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO...Secured Term Note • January 25th, 2006 • Datalogic International Inc • Services-business services, nec
SECURED TERM NOTESecured Term Note • April 12th, 2022 • Navidea Biopharmaceuticals, Inc. • In vitro & in vivo diagnostic substances
All overdue amounts under this Note shall accrue interest at shall mean twelve percent (12%) in cash per annum based on the actual number of days elapsed in a 360-day calendar year, effective as of the date of default, and shall be due and payable on demand. All payments hereunder shall be payable in lawful money of the United States of America which shall be legal tender for public and private debts at the time of payments.
SECURED TERM NOTESecured Term Note • May 4th, 2006 • Digital Recorders Inc • Radio & tv broadcasting & communications equipment • New York
FOR VALUE RECEIVED, DIGITAL RECORDERS INC., a North Carolina corporation (“DRI”), TWINVISION OF NORTH AMERICA, INC., a North Carolina corporation (“TwinVision”), DIGITAL AUDIO CORPORATION, a North Carolina corporation (“DAC”) and ROBINSON-TURNEY INTERNATIONAL, INC., a Texas corporation (“RTI”, and together with DRI, TwinVision and DAC, the “Company”), jointly and severally promise to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands, Fax: 345-949-8080 (the “Holder”) or its registered assigns or successors in interest, the sum of One Million Six Hundred Thousand Dollars ($1,600,000), together with any accrued and unpaid interest hereon, on April 28, 2007 (the “Maturity Date”) if not sooner paid.
SECURED TERM NOTESecured Term Note • July 22nd, 2002 • Temtex Industries Inc • Heating equipment, except electric & warm air furnaces
EXHIBIT 10.26 Secured Term Note (Term Loan)Secured Term Note • May 19th, 2000 • Sync Research Inc • Computer peripheral equipment, nec
Borrower: Osicom Technologies, Inc., a Delaware corporation (formerly known as Cray Communications, Inc.) Address: 2800 28th Street, Suite 100 Santa Monica, California 90405
FORM OF SECURED TERM NOTE $_________________ May 31, 2005Secured Term Note • June 3rd, 2005 • BioMed Realty Trust Inc • Real estate investment trusts
