SENIOR SECURED NOTESenior Secured Note • November 17th, 2015 • Ho Chi Sing • Services-computer processing & data preparation • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), AND MAY NOT BE SOLD OR OTHERWISE TRANSFERRED UNLESS A REGISTRATION STATEMENT UNDER THE ACT WITH RESPECT TO THIS NOTE HAS BECOME EFFECTIVE OR UNLESS THE HOLDER ESTABLISHES THAT AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE.
SENIOR SECURED NOTESenior Secured Note • July 29th, 2010 • USA Synthetic Fuel Corp • Natural gas distribution • Ohio
This Senior Secured Note (“Note”) is made this 11th day of June, 2010 (“Effective Date”) by USA Synthetic Fuel Corporation, a corporation organized under the laws of the State of Delaware (“Maker” or “USASF”) to the order of Global Energy, Inc., a corporation organized under the laws of the State of Ohio (“Lender”).
AMENDMENT AND WAIVER TO SENIOR SECURED NOTESenior Secured Note • February 12th, 2008 • Mandalay Media, Inc. • Services-prepackaged software
This AMENDMENT AND WAIVER TO SENIOR SECURED NOTE (this "Amendment") amends that Senior Secured Note due January 30, 2010 (the "Secured Note") issued pursuant to the Securities Purchase Agreement, dated July 30, 2007 (the "Purchase Agreement") by and among TWISTBOX ENTERTAINMENT, INC., a Delaware corporation (the "Company"), certain subsidiaries of the Company and VALUEACT SMALLCAP MASTER FUND, L.P. (the "Investor") and is made and entered into as of February 12, 2008 by and between the Company and the Investor. Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Secured Note.
AMENDMENT AND ALLONGE TO SENIOR SECURED NOTESenior Secured Note • June 12th, 2015 • Onstream Media CORP • Services-computer integrated systems design • New York
This AMENDMENT AND ALLONGE (this “Amendment”), effective as of April 30, 2015, is by and among ONSTREAM MEDIA CORPORATION (the “Company”), INFINITE CONFERENCING, INC. (“ICI”), ENTERTAINMENT DIGITAL NETWORK, INC. (“EDNI”), AV ACQUISITION, INC. (“AAI”), ONSTREAM CONFERENCING CORPORATION (“OCC”), MEDIA ON DEMAND, INC. (“MOD”), HOTEL VIEW CORPORATION (“HVC”), OSM ACQUISITION INC. (“OSM”) and AUCTION VIDEO JAPAN, INC. (“AVJI”) (the Company, ICI, EDNI, AAI, OCC, MOD, HVC, OSM and AVJI shall be referred to collectively as the “Borrowers”) and SIGMA OPPORTUNITY FUND II, LLC (the “Holder”).
AMENDMENT NO. 1 TO SENIOR SECURED NOTESenior Secured Note • March 9th, 2023 • Agrify Corp • Agricultural services
This AMENDMENT NO. 1 TO SENIOR SECURED NOTE, dated as of March 9, 2023 (this “Amendment”), is entered into by and among Agrify Corporation, a Nevada corporation (the “Company”) and High Trail Special Situations LLC, a Delaware limited liability company (“Holder”).
THIRD AMENDMENT AND ALLONGE TO SENIOR SECURED NOTESenior Secured Note • June 12th, 2015 • Onstream Media CORP • Services-computer integrated systems design • New York
This THIRD AMENDMENT AND ALLONGE (this “Third Amendment”), effective as of September 15, 2014, is by and among ONSTREAM MEDIA CORPORATION (the “Company”), INFINITE CONFERENCING, INC. (“ICI”), ENTERTAINMENT DIGITAL NETWORK, INC. (“EDNI”), AV ACQUISITION, INC. (“AAI”), ONSTREAM CONFERENCING CORPORATION (“OCC”), MEDIA ON DEMAND, INC. (“MOD”), HOTEL VIEW CORPORATION (“HVC”), OSM ACQUISITION INC. (“OSM”) and AUCTION VIDEO JAPAN, INC. (“AVJI”) (the Company, ICI, EDNI, AAI, OCC, MOD, HVC, OSM and AVJI shall be referred to collectively as the “Borrowers”) and SIGMA OPPORTUNITY FUND II, LLC (the “Holder”).
AMENDMENT 1 TO THE SENIOR SECURED NOTESenior Secured Note • April 19th, 2011 • USA Synthetic Fuel Corp • Natural gas distribution
This Amendment 1 to the Senior Secured Note (“Note”) is made this 15th day of March, 2011 (“Effective Date”) by USA Synthetic Fuel Corporation, a corporation organized under the laws of the State of Delaware (“Maker” or “USASF”) to the order of Global Energy, Inc., a corporation organized under the laws of the State of Ohio (“Lender”).
AMENDMENT TO SENIOR SECURED NOTESenior Secured Note • April 14th, 2011 • Ameritrans Capital Corp • New York
THIS AMENDMENT TO SENIOR SECURED NOTE is entered into as of April __, 2011 (this “Amendment”), by and between AMERITRANS CAPITAL CORPORATION, a Delaware corporation (the “Company”), and AMERITRANS HOLDINGS LLC, a Delaware limited liability company (the “Holder”).
AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED NOTESenior Secured Note • August 14th, 2009 • Hythiam Inc • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED SENIOR SECURED NOTE (this “Amendment”) is entered into as of August 11, 2009 by and among Hythiam, Inc., a Delaware corporation (the “Company”) and HIGHBRIDGE INTERNATIONAL LLC (“Holder”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Amended and Restated Note (as defined below).
SECOND AMENDMENT AND WAIVER TO SENIOR SECURED NOTESenior Secured Note • October 27th, 2008 • Mandalay Media, Inc. • Services-motion picture & video tape production
This SECOND AMENDMENT AND WAIVER TO SENIOR SECURED NOTE (this “Amendment”) amends that Senior Secured Note due January 30, 2010, as amended on February 12, 2008 (the “Secured Note”) issued pursuant to the Securities Purchase Agreement, dated July 30, 2007 (the “Purchase Agreement”) by and among TWISTBOX ENTERTAINMENT, INC., a Delaware corporation (the “Company”), certain subsidiaries of the Company and VALUEACT SMALLCAP MASTER FUND, L.P. (the “Investor”) and is made and entered into as of October 23, 2008 by and between the Company and the Investor. Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Secured Note.
BIOGOLD FUELS CORPORATION SENIOR SECURED NOTE PURCHASE AGREEMENTSenior Secured Note • March 5th, 2008 • Biogold Fuels CORP • Industrial organic chemicals • California
This Senior Secured Note Purchase Agreement (the “Agreement”) is made as of the 3rd day of March, 2008, by and between BioGold Fuels Corporation, a Nevada corporation (the “Company”), and Heritage Holding Group, LLC, a California limited liability company (the “Purchaser”).
ContractSenior Secured Note • April 21st, 2009 • Advance Nanotech, Inc. • Measuring & controlling devices, nec • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. 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 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO ADVANCE NANOTECH, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
THIRD AMENDMENT TO SENIOR SECURED NOTESenior Secured Note • August 14th, 2009 • Mandalay Media, Inc. • Patent owners & lessors
This THIRD AMENDMENT TO SENIOR SECURED NOTE (this “Amendment”) pertains to that Senior Secured Note due January 30, 2010 issued pursuant to the Securities Purchase Agreement, dated July 30, 2007 (the “Purchase Agreement”), as amended by that certain Amendment and Waiver to Senior Secured Note, dated as of February 12, 2008 (the “First Amendment”) and by that certain Second Amendment and Waiver to Senior Secured Note, dated as of October 23, 2008 (the “Second Amendment”) (the Senior Secured Note as amended by the First Amendment and the Second Amendment, the “Secured Note”), by and among TWISTBOX ENTERTAINMENT, INC., a Delaware corporation (the “Company”), certain subsidiaries of the Company, MANDALAY MEDIA, INC., a Delaware corporation (“Mandalay”) and VALUEACT SMALLCAP MASTER FUND, L.P. (the “Investor”) and is made and entered into as of August 11, 2009 by and between the Company, Mandalay and the Investor. Capitalized terms used and not otherwise defined in this Amendment are used he
SENIOR SECURED NOTESenior Secured Note • January 3rd, 2024 • Flyexclusive Inc. • Air transportation, nonscheduled • New York
This Senior Secured Note (this “Note”) is entered into as of December 1, 2023 (the “Closing Date”) by and among LGM Enterprises, LLC, a North Carolina limited liability company (the “Borrower”), FlyExclusive Jet Share, LLC, a North Carolina limited liability company (“Jet Share”), as a guarantor (in such capacity, the “Guarantor” and, together with the Borrower, the “Obligors”), ETG FE LLC, a Delaware limited liability company or its registered assigns, as the initial holder of this Note (in such capacity, the “Initial Noteholder”), any Noteholders party hereto from time to time, Kroll Agency Services Limited, a company incorporated under the laws of England and Wales, as administrative agent (in such capacity, the “Administrative Agent”) and Kroll Trustee Services Limited, a company incorporated under the laws of England and Wales, as collateral agent (in such capacity, the “Collateral Agent” and, together with the Administrative Agent, each an “Agent” and collectively, the “Agents”).
FIRST AMENDMENT AND ALLONGE TO SENIOR SECURED NOTESenior Secured Note • June 12th, 2015 • Onstream Media CORP • Services-computer integrated systems design • New York
This FIRST AMENDMENT AND ALLONGE (this “First Amendment”) to Senior Secured Note, dated February 28, 2014, made by ONSTREAM MEDIA CORPORATION (the “Company”), INFINITE CONFERENCING, INC. (“ICI”), ENTERTAINMENT DIGITAL NETWORK, INC. (“EDNI”), AV ACQUISITION, INC. (“AAI”), ONSTREAM CONFERENCING CORPORATION (“OCC”), MEDIA ON DEMAND, INC. (“MOD”), HOTEL VIEW CORPORATION (“HVC”), OSM ACQUISITION INC. (“OSM”) and AUCTION VIDEO JAPAN, INC. (“AVJI”) (the Company, ICI, EDNI, AAI, OCC, MOD, HVC, OSM and AVJI shall be referred to collectively as the “Borrowers”) in favor of SIGMA OPPORTUNITY FUND II, LLC (the “Holder”) in the aggregate principal amount of $500,000 (the “Note”) is made and accepted by Borrowers as of this 15th day of September, 2014.
SENIOR SECURED NOTESenior Secured Note • September 17th, 2004 • Specialty Underwriters Alliance, Inc. • Fire, marine & casualty insurance
FOR VALUE RECEIVED, the undersigned, SPECIALTY UNDERWRITERS’ ALLIANCE, INC., a Delaware corporation, with a principal place of business located at 8585 Stemmons Fwy., Suite 200, South Tower, Dallas, Texas 75247 (the “Borrower”), promises to pay to the order of STANDARD AMERICAN INSURANCE LIMITED, a Bermuda company (“SAIL”) on or before the Maturity Date, in lawful money of the United States of America, the principal sums set forth on the Schedule of Advances attached hereto, which are not to exceed at any one time ONE MILLION FOUR HUNDRED FIFTY AND 00/100 DOLLARS ($1,450,000), plus interest at the times and in the amounts and manner as provided in the Amended and Restated Senior Loan and Security Agreement (as it may be supplemented and amended from time to time, the “Agreement”), amended and restated as of July 23, 2004, between the Borrower, the Holder named above and the other senior lender identified therein (together with such Holder, the “Senior Lenders”), and acknowledged by Cou
AMENDMENT TO SENIOR SECURED NOTESenior Secured Note • September 28th, 2006 • Lightspace Corp • Electric lighting & wiring equipment
AMENDMENT TO SENIOR SECURED NOTE, dated as of September 28, 2006, made by and between LIGHTSPACE CORPORATION, a Delaware corporation, with its principal offices located at 529 Main Street, Suite 330, Boston, Massachusetts, 02129 (the “Borrower”) and the entities set forth on Schedule 1 attached hereto (the “Holders”). Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such term in the Existing Notes (as defined below).
WAIVER AND AMENDMENT TO SENIOR SECURED NOTESenior Secured Note • May 20th, 2008 • Sonterra Resources, Inc. • Crude petroleum & natural gas • New York
THIS WAIVER AND AMENDMENT TO SENIOR SECURED NOTE (this “Agreement”) is made as of May 15, 2008, among Sonterra Resources, Inc. (f/k/a River Capital Group, Inc.) (the “Company”), the Subsidiaries and The Longview Fund, L.P. (“Buyer”). Any capitalized terms used but not otherwise defined herein shall have the meaning given thereto in the Note (as defined below) or, if not defined in the Note, in the Exchange Agreement (as defined below).
