SUBORDINATED UNSECURED PROMISSORY NOTE DATED MARCH 3, 2008Subordinated Unsecured Promissory Note • March 4th, 2008 • Galaxy Energy Corp • Crude petroleum & natural gas • Colorado
THIS SUBORDINATED UNSECURED PROMISSORY NOTE (THIS “NOTE”) AND THE INDEBTEDNESS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF MARCH 3, 2008 (AS AMENDED, RESTATED SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”) AMONG GALAXY ENERGY CORPORATION, THE SUBORDINATED CREDITORS NAMED THEREIN, THE LENDERS NAMED THEREIN, AND PROMETHEAN ASSET MANAGEMENT L.L.C., TO THE SENIOR INDEBTEDNESS (AS DEFINED IN THE SUBORDINATION AGREEMENT); AND EACH HOLDER OF THIS PROMISSORY NOTE (EACH A “HOLDER”, AND COLLECTIVELY THE “HOLDERS”), BY ITS ACCEPTANCE HEREOF, SHALL BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
EXHIBIT 10.1 SUBORDINATED UNSECURED PROMISSORY NOTE DATED JUNE 29, 2007 THIS SUBORDINATED UNSECURED PROMISSORY NOTE (THIS "NOTE") AND THE INDEBTEDNESS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN...Subordinated Unsecured Promissory Note • July 2nd, 2007 • Galaxy Energy Corp • Crude petroleum & natural gas • Colorado
SELLPOINTS INC. SUBORDINATED UNSECURED PROMISSORY NOTESubordinated Unsecured Promissory Note • April 15th, 2019 • ConversionPoint Holdings, Inc. • Services-prepackaged software • California
FOR VALUE RECEIVED, SellPoints Inc., a Delaware corporation (the “Company”) promises to pay to [ ], or its registered assigns (“Investor”), in lawful money of the United States of America the principal sum of [ ] Dollars ($[ ]), or such lesser amount as shall equal the outstanding principal amount hereof, together with interest from the date of this Subordinated Unsecured Promissory Note (this “Note”) on the unpaid principal balance, which interest will accrue as follows:
ContractSubordinated Unsecured Promissory Note • February 19th, 2008 • Restoration Hardware Inc • Retail-furniture stores • New York
THIS NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY ARE SUBJECT TO THE SUBORDINATION AGREEMENT, DATED AS OF JANUARY 24, 2008, AMONG BANK OF AMERICA, N.A., CATTERTON PARTNERS VI OFFSHORE, L.P., RESTORATION HARDWARE, INC. AND THE MICHAELS FURNITURE COMPANY, INC.
AMENDMENT NO. 2 TO SUBORDINATED UNSECURED PROMISSORY NOTESubordinated Unsecured Promissory Note • August 4th, 2011 • Great American Group, Inc. • Services-business services, nec
This Amendment No. 2 to Subordinated Unsecured Promissory Note (this “Amendment”), is entered into effective as of July 31, 2011 by and between Great American Group, Inc., a Delaware corporation (“Maker”) and [ ] (“Payee”).
THIS PROMISSORY NOTE IS SUBORDINATED TO ANY PRESENT OR FUTURE INDEBTEDNESS OWING FROM THE MAKER TO BANK OF AMERICA, N.A. AND ITS ASSIGNS, AND MAY BE ENFORCED ONLY IN ACCORDANCE WITH THAT CERTAIN SUBORDINATION AGREEMENT DATED FEBRUARY 22, 2010, BETWEEN...Subordinated Unsecured Promissory Note • July 27th, 2010 • Keyw Holding Corp • Services-computer integrated systems design • Maryland
For Value Received, THE KEYW HOLDING CORPORATION, a Maryland corporation (“Company”), hereby promises to pay to the order of TAG Holdings, LLC, a Virginia limited liability company (“Seller”), in lawful money of the United States of America and in immediately available funds, the principal sum of EIGHT MILLION TWO HUNDRED FIFTY ONE THOUSAND SEVENTY SIX DOLLARS (US $8,251,076.00) together with accrued and unpaid interest thereon, each due and payable on the dates and in the manner set forth below. This Subordinated Unsecured Promissory Note (this “Note”) is made in connection with that certain Contribution Agreement, dated as of the date hereof (the “Contribution Agreement”), by and among Company, Seller, the members of Seller, The Analysis Group, LLC, a Virginia limited liability company, and certain other parties thereto. All capitalized terms used but not defined herein shall have the respective meanings assigned thereto in the Contribution Agreement.
ContractSubordinated Unsecured Promissory Note • July 25th, 2018 • New York
THIS INSTRUMENT AND THE OBLIGATIONS OF WDC ACQUISITION LLC HEREUNDER ARE SUBORDINATED TO THE PRIOR PAYMENT AND PERFORMANCE OF THE SECURED OBLIGATIONS (AS DEFINED BELOW) AS PROVIDED HEREIN. THIS INSTRUMENT AND THE OBLIGATIONS AND RIGHTS EVIDENCED HEREBY CANNOT BE TRANSFERRED, ASSIGNED OR PLEDGED PRIOR TO THE MATURITY DATE WITHOUT THE PRIOR WRITTEN CONSENT OF EACH SENIOR SECURED PARTY AT SUCH TIME.
THIS PROMISSORY NOTE IS SUBORDINATED TO ANY PRESENT OR FUTURE INDEBTEDNESS OWING FROM THE MAKER TO BANK OF AMERICA, N.A. AND ITS ASSIGNS, AND MAY BE ENFORCED ONLY IN ACCORDANCE WITH THAT CERTAIN SUBORDINATION AGREEMENT DATED FEBRUARY 22 2010, BETWEEN...Subordinated Unsecured Promissory Note • July 27th, 2010 • Keyw Holding Corp • Services-computer integrated systems design • Maryland
For Value Received, THE KEYW HOLDING CORPORATION, a Maryland corporation (“Company”), hereby promises to pay to the order of TAG Holdings, LLC, a Virginia limited liability company (“Seller”), in lawful money of the United States of America and in immediately available funds, the principal sum of THREE MILLION FOUR HUNDRED THOUSAND DOLLARS (US $3,400,000.00) together with accrued and unpaid interest thereon, each due and payable on the dates and in the manner set forth below. This Subordinated Unsecured Promissory Note (this “Note”) is made in connection with that certain Contribution Agreement, dated as of the date hereof (the “Contribution Agreement”), by and among Company, Seller, the members of Seller, The Analysis Group, LLC, a Virginia limited liability company, and certain other parties thereto. All capitalized terms used but not defined herein shall have the respective meanings assigned thereto in the Contribution Agreement.
AMENDMENT NO. 1 TO SUBORDINATED UNSECURED PROMISSORY NOTESubordinated Unsecured Promissory Note • May 7th, 2010 • Great American Group, Inc. • Services-business services, nec
This Amendment No. 1 to Subordinated Unsecured Promissory Note (this “Amendment”), is entered into effective as of April 30, 2010 by and between Great American Group, Inc., a Delaware corporation (“Maker”) and [ ] (“Payee”).
ContractSubordinated Unsecured Promissory Note • November 3rd, 2023 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
IN ACCORDANCE WITH THE TERMS OF A SUBORDINATION AGREEMENT, DATED AS OF NOVEMBER 2, 2023 (THE “SUBORDINATION AGREEMENT”), BY AND AMONG THE COMPANY (AS DEFINED HEREIN), THE LENDER (AS DEFINED HEREIN), CERTAIN OTHER PARTIES TO THE SUBORDINATION AGREEMENT, AND GIBRALTAR BUSINESS CAPITAL, LLC (THE “SENIOR LENDER”), THE LENDER HAS SUBORDINATED THE INDEBTEDNESS EVIDENCED BY THIS SUBORDINATED UNSECURED PROMISSORY NOTE (AND ALL PAYMENT AND ENFORCEMENT PROVISIONS HEREIN)(THE “NOTE”) AND ANY SECURITY INTEREST OR LIEN THAT THE LENDER MAY HAVE IN ANY PROPERTY OF THE COMPANY TO THE INDEBTEDNESS OWED BY THE COMPANY TO SENIOR LENDER AND THE SECURITY INTEREST OF SENIOR LENDER IN THE ASSETS OF THE COMPANY, NOTWITHSTANDING THE RESPECTIVE DATES OF ATTACHMENT OR PERFECTION OF THE SECURITY INTEREST OF THE LENDER AND SENIOR LENDER. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE NOTE AND THE SUBORDINATION AGREEMENT, THE TERMS OF THE SUBORDINATION AGREEMENT SHALL CONTROL.
SUBORDINATED UNSECURED PROMISSORY NOTESubordinated Unsecured Promissory Note • July 27th, 2010 • Keyw Holding Corp • Services-computer integrated systems design • Maryland
For Value Received, THE KEYW HOLDING CORPORATION, a Maryland corporation (“Company”), hereby promises to pay to the order of [_____________________] (“Holder”), in lawful money of the United States of America and in immediately available funds, the principal sum of [_________________] (US $[________________]) together with accrued and unpaid interest thereon, each due and payable on the dates and in the manner set forth below. This Subordinated Unsecured Promissory Note (this “Note”) is made contemporaneously with that certain LLC Purchase Agreement, dated as of the date hereof, by and among Company, Kevin Coby and Insight Information Technology, LLC, a Delaware limited liability company.
ContractSubordinated Unsecured Promissory Note • May 13th, 2022 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
IN ACCORDANCE WITH THE TERMS OF A SUBORDINATION AGREEMENT, DATED AS OF MAY 11, 2022 (THE “SUBORDINATION AGREEMENT”), BY AND AMONG THE COMPANY (AS DEFINED HEREIN), THE LENDER (AS DFEINED HEREIN), CERTAIN OTHER PARTIES TO THE SUBORDINATION AGREEMENT, AND SILICON VALLEY BANK (THE “SENIOR LENDER”), THE LENDER HAS SUBORDINATED THE INDEBTEDNESS EVIDENCED BY THIS SUBORDINATED UNSECURED PROMISSORY NOTE (AND ALL PAYMENT AND ENFORCEMENT PROVISIONS HEREIN)(THE “NOTE”) AND ANY SECURITY INTEREST OR LIEN THAT THE LENDER MAY HAVE IN ANY PROPERTY OF THE COMPANY TO THE INDEBTEDNESS OWED BY THE COMPANY TO SENIOR LENDER AND THE SECURITY INTEREST OF SENIOR LENDER IN THE ASSETS OF THE COMPANY, NOTWITHSTANDING THE RESPECTIVE DATES OF ATTACHMENT OR PERFECTION OF THE SECURITY INTEREST OF THE LENDER AND SENIOR LENDER. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE NOTE AND THE SUBORDINATION AGREEMENT, THE TERMS OF THE SUBORDINATION AGREEMENT SHALL CONTROL.
INNOVATE CORP. SUBORDINATED UNSECURED PROMISSORY NOTESubordinated Unsecured Promissory Note • May 10th, 2023 • INNOVATE Corp. • Fabricated structural metal products • New York
This Note is the "Note" as defined in that certain Stock Purchase Agreement between the Company and the Noteholder, dated of even date herewith (the "Purchase Agreement"), and is being issued as partial consideration for the purchase of 41,820.25 shares of Series A Fixed-to-Floating Rate Perpetual Preferred Stock (the "Series A Preferred") issued by DBM Global Intermediate Holdco Inc. pursuant to the terms of the Purchase Agreement. This Note and the obligations of the Company hereunder are expressly conditioned upon the closing of the purchase and sale of the Series A Preferred pursuant to the Purchase Agreement.
EX-10.29 43 v191168_ex10-29.htm THIS PROMISSORY NOTE IS SUBORDINATED TO (I) ANY PRESENT OR FUTURE INDEBTEDNESS OWING FROM THE MAKER TO BANK OF AMERICA, N.A. AND ITS ASSIGNS, AND MAY BE ENFORCED ONLY IN ACCORDANCE WITH THAT CERTAIN SUBORDINATION...Subordinated Unsecured Promissory Note • May 5th, 2020 • Maryland
For Value Received, THE KEYW HOLDING CORPORATION, a Maryland corporation (“Company”), hereby promises to pay to the order of [_____________________] (“Holder”), in lawful money of the United States of America and in immediately available funds, the principal sum of [_________________] (US $[________________]) together with accrued and unpaid interest thereon, each due and payable on the dates and in the manner set forth below. This Subordinated Unsecured Promissory Note (this “Note”) is made contemporaneously with that certain LLC Purchase Agreement, dated as of the date hereof, by and among Company, Kevin Coby and Insight Information Technology, LLC, a Delaware limited liability company. 1. Principal Repayment. The outstanding principal amount of this Note shall be due and payable on (such date being the “Maturity Date”) the earlier of (i) [_____________] or (ii) seven (7) days following the consummation of an initial public offering pursuant to an effective registration statement und
AMENDMENT NO. 1 TO SUBORDINATED UNSECURED PROMISSORY NOTESubordinated Unsecured Promissory Note • May 7th, 2010 • Great American Group, Inc. • Services-business services, nec
This Amendment No. 1 to Subordinated Unsecured Promissory Note (this “Amendment”), is entered into effective as of April 30, 2010 by and between Great American Group, Inc., a Delaware corporation (“Maker”) and [ ] (“Payee”).
