Exhibit 10.1 AMENDED, RESTATED AND CONSOLIDATED TERM NOTETerm Note • September 23rd, 2010 • Baron Energy Inc. • Crude petroleum & natural gas • Texas
ContractTerm Note • May 14th, 2014 • Guardian 8 Holdings • Services-detective, guard & armored car services • Nevada
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 GUARDIAN 8 HOLDINGS THAT SUCH REGISTRATION IS NOT REQUIRED.
TERM NOTE ATerm Note • March 31st, 1998 • Prime Medical Services Inc /Tx/ • Services-misc health & allied services, nec
This Note has been executed and delivered by Maker pursuant to the terms of that certain Second Amended and Restated Loan Agreement of even date herewith among Maker, Payee, the Administrative Agent and each of the other Lenders which is or may become a party thereto or any successor or assignee thereof (as the same may be amended, supplemented or modified from time to time, the "AGREEMENT") and is one of the Term Notes described therein. Capitalized terms used and not otherwise defined herein shall have the same meanings as set forth in the Agreement.
TERM NOTETerm Note • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec
FOR VALUE RECEIVED, the undersigned (the "Borrower"), hereby promises to pay to LASALLE BANK NATIONAL ASSOCIATION or registered assigns (the "Lender"), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of each Term Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of November 20, 2002 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Credit Agreement;" the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
TERM NOTETerm Note • November 14th, 2003 • Stanadyne Automotive Corp • Motor vehicle parts & accessories
This Term Note is the Term Note issued pursuant to that certain Loan and Security Agreement dated the date hereof (including all exhibits and schedules thereto and as from time to time may be amended, restated, renewed, replaced, substituted, supplemented, extended, or otherwise modified, the "Loan Agreement"), and is entitled to the benefit and security of the Loan Agreement and all of the Other Documents referred to therein by and among Debtors, Stanadyne Automotive Holding Corp., Agent, and the other financial institutions signatory thereto from time to time as lenders ("Lenders"). Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the loans evidenced hereby are made and are to be repaid.
TERM NOTETerm Note • May 13th, 2014 • Balchem Corp • Chemicals & allied products
FOR VALUE RECEIVED, the undersigned (the “Parent”), hereby promises to pay to BANK OF AMERICA, N.A. or its registered assigns (the “Lender”), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of the Term Loan made by the Lender to the Parent under that certain Credit Agreement (as amended, modified, supplemented, increased, extended or otherwise modified from time to time, the “Credit Agreement”), dated as of May 7, 2014, by and among the Parent, the Subsidiaries of the Parent from time to time party thereto, the Lenders from time to time party thereto and Bank of America, N.A., as a Lender and as administrative agent for all Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
TERM NOTETerm Note • February 9th, 2016 • Griffin-American Healthcare REIT III, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to THE HUNTINGTON NATIONAL BANK or its registered assigns (the “Lender”), in accordance with the terms and conditions of the Credit Agreement (as hereinafter defined), the principal amount of each Term Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement (as amended, restated, extended, supplemented, increased or otherwise modified in writing from time to time, the “Credit Agreement”), dated as of February 3, 2016 by and among the Borrower, the Guarantors party thereto, the Lenders identified therein, Bank of America, N.A., as Administrative Agent, a Swing Line Lender and a L/C Issuer and KeyBank, National Association, as a Swing Line Lender and a L/C Issuer. Capitalized terms used but not otherwise defined herein have the meanings provided in the Credit Agreement.
EXHIBIT 10.11 TERM NOTETerm Note • June 27th, 2000 • Navarre Corp /Mn/ • Wholesale-durable goods, nec
TERM NOTETerm Note • July 29th, 2008 • Diversified Restaurant Holdings, Inc. • Services-management services
For value received, the undersigned AMC Petoskey, Inc., a Michigan corporation, with an address of 2180 Anderson Road Suite 110, Petoskey, Michigan 49770 (the "Borrower"), promises to pay to the order of Charter One, a division of RBS Citizens, NA, a national banking association with an address of One Citizens Plaza, Providence, Rhode Island 02903 (together with its successors and assigns, the "Bank"), the principal amount of Eight Hundred Three Thousand Two Hundred Thirty-Nine Dollars and Zero Cents ($803,239.00) on or before June 25, 2015 (the "Maturity Date"), as set forth below, together with interest from the date hereof on the unpaid principal balance from time to time outstanding until paid in full. The Borrower shall pay consecutive monthly installments of principal, as described in Rider A commencing on July 25, 2008, and the same amount (except the last installment which shall be the unpaid balance) on the 25th day of each month thereafter, until changed in accordance with th
TERM NOTE [GRAPHIC OMITTED]Term Note • October 7th, 2004 • Quigley Corp • Pharmaceutical preparations
EXHIBIT 10.3 AMENDED AND RESTATED TERM NOTE ------------------------------Term Note • November 14th, 2001 • Amx Corp /Tx/ • Electronic components & accessories • Texas
TERM NOTE ATerm Note • October 19th, 1995 • Spinnaker Industries Inc • General industrial machinery & equipment, nec • Delaware
Borrower also promises to pay interest on the unpaid principal amount of this Term Note A at the rates and at the times which shall be determined in accordance with the provisions of the Credit Agreement dated as of September 29, 1995, by and among Borrower, Spinnaker Industries, Inc. and Heller Financial, Inc. (said Credit Agreement, as it may hereafter be amended, restated, supplemented or otherwise modified from time to time, being the "CREDIT AGREEMENT"; capitalized terms used herein without definition shall have the meanings set forth in the Credit Agreement).
AMENDED AND RESTATED TERM NOTETerm Note • January 28th, 2015 • Highwater Ethanol LLC • Industrial organic chemicals
This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").
TERM NOTETerm Note • January 8th, 2024 • JP Outfitters, Inc. • Retail-apparel & accessory stores • Ohio
TERM NOTETerm Note • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail
FOR VALUE RECEIVED, the undersigned, ZAGG INC, a Nevada corporation (the “Borrower”), promises to pay to the order of KEYBANK NATIONAL ASSOCIATION (“Lender”) at the main office of KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, as hereinafter defined, 127 Public Square, Cleveland, Ohio 44114-1306 the principal sum of
EXHIBIT 10.7 TERM NOTETerm Note • February 18th, 1998 • Davel Communications Group Inc • Communications services, nec
For value received, DAVEL COMMUNICATIONS GROUP, INC., an Illinois corporation ("Borrower"), promises to pay to the order of LASALLE NATIONAL BANK, or to any subsequent holder hereof (in any case, "Holder"), the principal amount of SEVENTEEN MILLION SIX HUNDRED THOUSAND DOLLARS ($17,600,000.00), which amount Borrower acknowledges has been advanced to Borrower under the terms of the Credit Facilities Agreement dated as of even date herewith, among Borrower, NationsBank, N.A., as Administrative Agent for the ratable benefit of itself and each of the other Lenders ("Administrative Agent"), Suntrust Bank, Tampa Bay, as Documentation Agent and a Lender, and the other Lenders (as it may be amended, restated, extended, renewed, replaced, or otherwise modified from time to time, the "Credit Agreement"). All capitalized terms used and not otherwise defined herein have the meanings given them in the Credit Agreement.
TERM NOTETerm Note • December 28th, 2009 • Astronics Corp • Aircraft parts & auxiliary equipment, nec
The Borrower further promises to pay interest on the unpaid principal amount hereof from time to time at the rates and on the dates determined in accordance with the provisions of an Amended and Restated Credit Agreement dated as of January 30, 2009 among the Borrower, HSBC Bank USA, National Association, as agent, for itself, the Lender, and the other lending institutions and issuing banks now or hereafter parties thereto, as the same has been and may hereafter be amended, supplemented, renewed, replaced or otherwise modified (“Credit Agreement”). All capitalized terms used herein and not otherwise defined herein shall have the meanings specified in the Credit Agreement.
TERM NOTETerm Note • January 11th, 2010 • Energy Inc. • Natural gas distribution
FOR VALUE RECEIVED, NORTHEAST OHIO NATURAL GAS CORP., an Ohio corporation (“Borrower”), hereby promises to pay to the order of CITIZENS BANK, an Ohio banking corporation (“Bank”), which term shall include any holder hereof, the principal sum of Seven Million Seven Hundred Eighty Thousand Twelve and no/100 Dollars ($7,780,012.00), or so much thereof as may be advanced by Bank pursuant to the terms of the Credit Agreement of even date herewith, by and between Borrower and Bank, as the same may from time to time be amended, modified, revised, supplemented, substituted, renewed, extended or restated (the “Credit Agreement”), together with interest on and from the date of advance, at the interest rate and in the manner as described below.
EXHIBIT 10.27 SECOND AMENDED AND RESTATED TERM NOTE C U.S. $179,797.68 Dated: June 30, 2003 FOR VALUE RECEIVED, the undersigned, PSYCHIATRIC SOLUTIONS, INC., a Delaware corporation, PSYCHIATRIC SOLUTIONS OF ALABAMA, INC., a Tennessee corporation,...Term Note • November 4th, 2003 • Ramsay Managed Care Inc • Services-health services • Maryland
ContractTerm Note • July 10th, 2008 • Crdentia Corp • Services-help supply services • New York
THIS NOTE, THE MAKER’S OBLIGATIONS HEREUNDER, AND THE PAYEE’S RIGHTS HEREUNDER, ARE SUBORDINATE TO CERTAIN SENIOR INDEBTEDNESS OF THE MAKER, AS, IN THE MANNER AND TO THE EXTENT PROVIDED IN THOSE CERTAIN SUBORDINATION AGREEMENTS OF EVEN DATE HEREWITH BY AND AMONG THE PAYEE, AND CAPITAL TEMPFUNDS (AS SAME MAY BE AMENDED, MODIFIED, SUPPLEMENTED AND/OR RESTATED FROM TIME TO TIME).
Amended and Restated Term Note $ 5,800,000 Date: December 17, 2012Term Note • December 21st, 2012 • Platinum Energy Solutions, Inc. • Oil & gas field services, nec • New York
Promise to Pay. On or before January 1, 2017, for value received, Platinum Energy Solutions, Inc., a Nevada corporation ("Borrower"), promises to pay to ICON Agent, LLC, a Delaware limited liability company whose address is 3 Park Avenue, 36th Floor, New York, NY 10016 (as agent for the Lender, the “Agent”), for the benefit of ICON ECI FUND FIFTEEN, L.P., a Delaware limited partnership, whose address is c/o ICON Agent, LLC, 3 Park Avenue, 36th Floor, New York, NY 10016 (the "Lender"), or order, in lawful money of the United States of America, the sum of Five Million Eight Hundred Thousand Dollars ($5,800,000) or so much thereof as may be advanced and outstanding, plus interest on the unpaid principal balance at the rate or rates set forth in the Credit Agreement, which interest is assessed on the unpaid principal balance of this Note as outstanding from time to time, commencing on the date hereof, and at the Agent's option at the rate of 3.00% per annum above the applicable note rate(s
TERM NOTETerm Note • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals
This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).
TERM NOTETerm Note • November 7th, 2008 • Athenahealth Inc • Services-business services, nec
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to BANK OF AMERICA, N.A., a national banking association, or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of the Term Loan made by the Lender to the Borrower under that certain Credit Agreement, dated as of September 30, 2008 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
EXHIBIT 10.11 SECOND AMENDED AND RESTATED TERM NOTETerm Note • January 3rd, 2003 • Nextera Enterprises Inc • Services-management consulting services • Massachusetts
FOR VALUE RECEIVED, the undersigned NEXTERA ENTERPRISES, INC., a Delaware corporation (the "Borrower"), hereby promises to pay to the order of Fleet National Bank (the "Lender") or registered assigns, on the Maturity Date, the aggregate unpaid principal amount of the loans made by the Lender to the Borrower as part of the Term Loan pursuant to the Second Amended and Restated Credit Agreement referred to below. The Borrower promises to pay interest from the date hereof, computed as provided in such Second Amended and Restated Credit Agreement, on the aggregate principal amount of such loans from time to time unpaid at the per annum rate applicable to such unpaid principal amount as provided in such Second Amended and Restated Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof.
TERM NOTE ---------Term Note • April 12th, 2002 • Lighthouse Fast Ferry Inc • Water transportation • New Jersey
TERM NOTETerm Note • January 25th, 2019 • Air T Inc • Air courier services • Minnesota
FOR VALUE RECEIVED, AIRCO 1, LLC, a Delaware limited liability company (“Borrower”) promises to pay to the order of PARK STATE BANK, a Minnesota state banking corporation (“Lender”) or its assigns, at Lender’s offices located at 1108 Nicollet Mall #210, Minneapolis, MN 55403, or such other place as may be designated from time to time by the holder hereof, in lawful money of the United States of America, the principal sum of TWO MILLION ONE HUNDRED THOUSAND AND NO/100THS DOLLARS ($2,100,000), together with interest thereon as hereinafter provided.
SECOND AMENDED AND RESTATED TERM NOTETerm Note • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals
This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").
Term Note ATerm Note • August 27th, 2012 • United American Healthcare Corp • Surgical & medical instruments & apparatus
This Note is a renewal, amendment and substitution, and not a refinance, discharge or in satisfaction, of that certain Term Note A dated as of June 30, 2011, in the original principal amount of Three Million Seven Hundred Fifty Thousand and no/100 Dollars ($3,750,000.00) executed and delivered by Borrower to Lender.
TERM NOTETerm Note • October 26th, 2010 • Unilife Corp • Surgical & medical instruments & apparatus • Pennsylvania
FOR VALUE RECEIVED, UNILIFE CROSS FARM LLC (the “Borrower”), promises to pay to the order of METRO BANK (“Lender”) at its address at 3801 Paxton Street, Harrisburg, PA 17111 or at such other place as Lender may from time to time designate in writing, the principal sum of Three Million Seven Hundred Fifty Thousand and 00/100 Dollars ($3,750,000.00) or, if less, such amount as may be the aggregate unpaid principal amount of all loans or advances made by Lender to Borrower pursuant hereto with interest, on the terms and conditions described below.
TERM NOTETerm Note • August 3rd, 1998 • Microfinancial Inc • Miscellaneous business credit institution
SEVENTH TERM NOTETerm Note • July 5th, 2012 • Edac Technologies Corp • Aircraft engines & engine parts
FOR VALUE RECEIVED, the undersigned, EDAC TECHNOLOGIES CORPORATION, a Wisconsin corporation, GROS-ITE INDUSTRIES, INC., APEX MACHINE TOOL COMPANY, INC., each a Connecticut corporation and each with a place of business located at 1806 Farmington Avenue, Farmington, Connecticut 06032, and EBTEC CORPORATION, a Delaware corporation, with a place of business at 120 Shoemaker Lane, Agawam, Massachusetts 01001 (collectively, the "Maker"), hereby unconditionally promises to pay to the order of TD BANK, N.A. (the “Payee” or “Bank”), or any subsequent assignee or holder (Payee and any subsequent assignee or holder being sometimes referred to as “Holder”) at the office of the Bank located at 102 West Main Street, New Britain, Connecticut 06050-0174, the principal amount of SIX MILLION FIVE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($6,540,000.00), or such lesser amount as may have been loaned, advanced or readvanced to Maker by Bank under the terms of that certain Credit Agreement dated May 27, 2
FORM OF TERM NOTETerm Note • October 31st, 2008 • Clinical Data Inc • Laboratory analytical instruments • New York
For Value Received, the undersigned Avalon Pharmaceuticals, Inc., a Delaware corporation (the “Seller”) promises to pay to the order of Clinical Data, Inc. (the “Buyer”), or its assigns, in lawful money of the United States of America and in immediately available funds, the principal sum of Three Million Dollars ($3,000,000), together with interest thereon as set out herein, at its offices or such other place as Buyer may designate in writing or wire transfer as set forth in Section 3.2 below.
EXHIBIT 10.13 AMENDED AND RESTATED TERM NOTETerm Note • January 31st, 2005 • Vermont Pure Holdings LTD/De • Wholesale-groceries & related products • Connecticut
TERM NOTE Exhibit 10.9Term Note • July 3rd, 2001 • Daktronics Inc /Sd/ • Miscellaneous manufacturing industries
TERM NOTETerm Note • April 24th, 2009 • Glimcher Realty Trust • Real estate investment trusts • Pennsylvania
THIS TERM NOTE (together with all extensions, renewals, amendments, substitutions and replacements hereto and hereof, the "Note") is executed and delivered under and pursuant to the terms of that certain Loan Agreement dated as of even date herewith (together with all extensions, renewals, amendments, substitutions and replacements thereto and thereof the "Agreement") by and between GRAND CENTRAL LIMITED PARTNERSHIP, a Delaware limited partnership (the "Borrower"), and FIRST COMMONWEALTH BANK (the "Bank").
