1 EXHIBIT 10.5 This Senior Subordinated Secured Promissory Note (this "Note") and the indebtedness evidenced hereby are subordinated in the manner and to the extent set forth in the Subordination and Intercreditor Agreement (the "Subordination...Senior Subordinated Secured Promissory Note • April 9th, 1999 • Tyler Corp /New/ • Steel works, blast furnaces & rolling & finishing mills • Texas
SENIOR SUBORDINATED SECURED PROMISSORY NOTESenior Subordinated Secured Promissory Note • August 6th, 2008 • Itex Corp • Services-business services, nec • California
This Senior Subordinated Secured Promissory Note (this “Note”) is being delivered pursuant to that certain Asset Purchase Agreement (the "Purchase Agreement"), dated as of August 1, 2008, by and between ITEX Corporation, a Nevada corporation (“Maker”) and The Intagio Group, Inc., a Delaware corporation (“Intagio”). This Note is being issued as a non-negotiable senior subordinated secured obligation of Maker and ranks senior to all of Maker’s other obligations, whether now existing or hereinafter incurred or created, except that this Note is subordinated to the Bank Debt (as defined in Section 2 hereof) as set forth herein. The payment of all amounts due under this Note, including interest accrued thereon, is secured pursuant to the terms of that certain Security Agreement, dated as of the date hereof, by and between Maker and Intagio (the “Security Agreement”). Capitalized terms not otherwise defined herein shall have the meaning given such terms in the Purchase Agreement.
SENIOR SUBORDINATED SECURED PROMISSORY NOTE ---------------Senior Subordinated Secured Promissory Note • February 16th, 1996 • Reuter Manufacturing Inc • Miscellaneous fabricated metal products • Illinois
THE SECURITY FOR THE PAYMENT OF THIS INSTRUMENT, BOTH PRINCIPAL AND INTEREST, AND ALL OTHER INDEBTEDNESS EVIDENCED HEREBY, IS SUBJECT TO THE PRIOR RIGHTS OF THE CIT GROUP/COMMERCIAL FINANCE, INC., ITS SUCCESSORS AND ASSIGNS, IN THE MANNER AND TO THE EXTENT SET FORTH IN A CERTAIN INTERCREDITOR AND SUBORDINATION AGREEMENT DATED AS OF DECEMBER 31, 1995, WHICH AGREEMENT IS INCORPORATED HEREIN BY REFERENCE.
ContractSenior Subordinated Secured Promissory Note • December 21st, 2009 • DecisionPoint Systems, Inc. • Metal mining • New York
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM THE REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO (I) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR (II) 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 IN WHICH DECISIONOPINT SYSTEMS, INC. HAS RECEIVED AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO IT THAT SUCH TRANSFER MAY LAWFULLY BE MADE.
SENIOR SUBORDINATED SECURED PROMISSORY NOTESenior Subordinated Secured Promissory Note • July 6th, 2005 • Itex Corp • Services-business services, nec • California
This Senior Subordinated Secured Promissory Note (this “Note”) is one of a series of notes (collectively, the “Merger Notes”) that is being delivered pursuant to that certain Agreement and Plan of Merger (the “Merger Agreement”),dated as of June 30, 2005, by and among ITEX Corporation, a Nevada corporation (“Maker”), BXI Exchange, Inc., BXI Acquisition Sub, Inc., and The Intagio Group, Inc. (the “Stockholders’ Representative”). The Merger Notes are being issued as non-negotiable senior subordinated secured obligations of Maker and rank senior to all of Maker’s other obligations, whether now existing or hereinafter incurred or created, except that the Merger Notes are subordinated to the Bank Debt (as defined in Section 2 hereof) as set forth herein. This Note ranks pari passu with the other Merger Notes in all respects. The payment of all amounts due under this Note, including interest accrued thereon, is secured pursuant to the terms of that certain Security Agreement, dated as of Jun
