ALLONGE. In connection with entering into this Supplemental Indenture and the transactions contemplated hereby, each of the Company, JBS USA Food Company and JBS Luxembourg agree to enter into allonges to the Notes substantially in the form of Exhibit A hereto.
ALLONGE. THIS ALLONGE IS TO BE ATTACHED TO AND MADE AN INTEGRAL PART of the following instrument: Note [Insert proper name of Note] Dated: [Insert Date of Execution of Note] Payable by [Insert Name of Borrower], a [Insert State of Formation] [Kind of Entity] [If known] Payable to the Order of: [Insert name of Original Payee] Original Principal Amount: Dollars [Insert Original Principal Amount in words] ($ ) [Insert amount in numerals.] PAY TO THE ORDER OF 2010-1 CRE VENTURE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND AND NATURE WHATSOEVER. FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR Dated as of , 2010 By: Name: Title: Attorney in Fact ATTACHMENT E to Loan Contribution and Sale Agreement (Note to Preparer: When preparing the actual Affidavit delete this instruction and the reference to Attachment E above.) STATE OF § § COUNTY OF § ASSIGNMENT AND LOST INSTRUMENT AFFIDAVIT Before me, the undersigned authority, personally appeared , who upon being duly cautioned and sworn, deposes and says, to the best of his/her knowledge, as follows:
ALLONGE. This Amendment shall be firmly affixed to and become an allonge to the Note.
ALLONGE. THIS ALLONGE IS TO BE ATTACHED TO AND MADE AN INTEGRAL PART of the following instrument: Note [Insert proper name of Note] Dated: [Insert Date of Execution of Note] Payable by [Insert Name of Borrower], a [Insert State of Formation] [Kind of Entity] [If known] Payable to the Order of: [Insert name of Original Payee] Original Principal Amount: Dollars [Insert Original Principal Amount in words] ($ ) [Insert amount in numerals.] PAY TO THE ORDER OF AMTRUST CADC VENTURE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY KIND OR NATURE WHATSOEVER. FEDERAL DEPOSIT INSURANCE CORPORATION IN ITS CAPACITY AS RECEIVER FOR AMTRUST BANK By: Name: Title: Attorney in Fact Dated as of [Insert Date] ATTACHMENT F to Asset Contribution and Sale Agreement (Note to Preparer: When preparing the actual Affidavit delete this instruction and the reference to Attachment F above.) STATE OF § § COUNTY OF § ASSIGNMENT AND LOST INSTRUMENT AFFIDAVIT Before me, the undersigned authority, personally appeared , who upon being duly cautioned and sworn, deposes and says, to the best of his/her knowledge, as follows:
ALLONGE. This Amendment shall be firmly affixed to and become an allonge to the Revolving Credit Note.
ALLONGE. THIS ENDORSEMENT IS TO BE ATTACHED TO AND MADE A PART OF THAT CERTAIN SECOND AMENDED AND RESTATED TERM LOAN-NOTE A-2, dated March 29, 2002, made by APS Healthcare Holdings, Inc., a Delaware corporation, to CapitalSource Finance, LLC, a Delaware limited liability company, the original payee, in the original principal amount of US $4,000,000. Such Note is hereby transferred pursuant to the following endorsement with the same force and effect as if such endorsement were set forth at the end of such Note: PAY TO THE ORDER OF: CAPITALSOURCE FUNDING LLC 0000 Xxxxxxx Xxxxxx, 12th Floor Chevy Chase, MD 20815 CAPITALSOURCE FINANCE LLC By: /s/ Xxxxxx X. Xxxxxxx --------------------------------- Name: Xxxxxx X. Xxxxxxx --------------------------------- Title: Senior Vice President --------------------------------- This Allonge shall be attached to the Note described above and is hereby made a part thereof. SECOND AMENDED AND RESTATED TERM LOAN - NOTE B-1 U.S. $5,000,000.00 Dated: March 29, 2002 FOR VALUE RECEIVED, the undersigned, APS HEALTHCARE HOLDINGS, INC., a Delaware corporation (the "COMPANY"), hereby promises to pay to CAPITALSOURCE FINANCE LLC (the "LENDER"), the unpaid principal amount at any time outstanding, which shall not exceed Five Million Dollars ($5,000,000) (the "TERM LOAN"), on the Maturity Date, as defined below, or otherwise at the times and in the manner set forth in the Amended and Restated Credit Agreement (Term Loan) dated as of July 23, 2001, between the Company and the Lender, as amended by that certain First Amendment to Amended and Restated Credit Agreement (Term Loan) dated of even date herewith between the Company and the Lender (as it may be further amended, supplemented or otherwise modified from time to time, the "LOAN AGREEMENT"). Capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Agreement. This Term Note B-1, along with that certain Term Note B-2 dated the date hereof in the original principal amount of $5,000,000 (together with this Term Note B-1, the "TERM NOTE B"), is given in replacement, but not in extinguishment or novation, of that certain Term Note B dated as of March 29, 2002 in the original principal amount of $10,000,000, which amends and restates in its entirety that certain Amended and Restated Term Loan - Note B dated July 20, 2001 payable by the Company to Lender in the original principal amount of $10,000,000.
ALLONGE. (Bricoleur Offshore Ltd.) This Allonge is hereby attached to and made a part of the Amended and Substituted Unsecured Subordinated Promissory Note dated August 15, 2006 (the “Note”) executed by METROPARK USA, INC., a Delaware corporation (“Borrower”) in the original principal amount of $1,272,000.00 in favor of BRICOLEUR OFFSHORE LTD. (“Lender”). All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Note. Section 3(b) of the Note is hereby amended by adding the following sentence to the end thereof: “In addition, notwithstanding the Lender’s rights under Section 5 below, (i) should the Borrower default on its obligation to repay the outstanding principal and interest then due under this Note in full at the times stated in Section 3(b)(ii) of the Subordination Agreement dated as of March 20th, 2008 (the “Subordination Agreement”) among Lender, certain affiliates of Lender, Xxxxx Fargo Retail Finance, LLC, as administrative agent, and Borrower, subject to the proviso set forth therein, or (ii) should the Borrower fail to make Restricted Payments to Lender concurrently with its initial Public Offering (as defined in the Subordination Agreement) to the extent permitted by Section 3(c) of the Subordination Agreement, subject to the proviso set forth therein, interest shall accrue on the outstanding principal balance of this Note and accrued and unpaid interest thereon at a rate per annum equal to two percent (2%) in excess of the Applicable Rate from the date of such default until such obligation shall be discharged.”
ALLONGE. A copy of this Amendment may be attached to the Note as an allonge.
ALLONGE. The Company shall have executed and delivered to the Holder an Allonge in the form of Annex 1 for each outstanding Note held by the Holder.
ALLONGE. As used in this Allonge, the following capitalized terms have the following meanings:
