Amended and Restated Note. The Note shall be amended and restated in the form attached hereto as Exhibit A (the “Amended Note”).
Amended and Restated Note. The Obligors are contemporaneously herewith executing and delivering to the Lender that certain Amended and Restated Secured Promissory Note (the "Restated Note") in form and substance as attached hereto as Exhibit A. Lender shall hold the Restated Note in escrow and the Restated Note shall not be effective until May 13, 2002; provided however that the parties agree that Lender shall only release the Restated Note from escrow on May 13, 2002 if (a) the conditions precedent set forth in Section 7 hereof are satisfied, and (b) no Event of Default other than the Acknowledged Defaults shall have occurred during the Forbearance Period. Upon its release from Escrow the Restated Note shall amend and restate the Note in its entirety effective as of May 13, 2002.
Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior Replacement Daily Adjusting LIBOR Grid Note dated on or about December 24, 2012, in the original principal amount of $25,000,000.00, given by Hardinge Inc. in favor of the Bank, as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of Hardinge Inc. as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing Hardinge Inc.’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc., and are hereby acknowledged by the Borrower to now secure, among other things, all of the Borrower’s obligations to the Bank under this Note, and for purposes of Hardinge Inc., with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of Hardinge Inc. with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.
Amended and Restated Note. The Loan shall be evidenced and governed by a new promissory note (the “New Note”) which amends and restates in its entirety, but does not extinguish, the Note. Anything to the contrary notwithstanding, if any inconsistency exists between the Loan Agreement and the New Note, the New Note shall control.
Amended and Restated Note. Exhibit A of the Existing Loan Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto.
Amended and Restated Note. As of the Effective Date and subject to the terms and conditions of this Agreement, Borrower and Lender shall amend the Note, which modification shall be effective as of the Effective Date, by the execution and delivery of the Amended and Restated Promissory Note in form of Exhibit “B” hereto (the “Amended Note”).
Amended and Restated Note. This Promissory Note, together with the Amended and Restated Promissory Note (Boston Xxxxx/Brandywine) of even date herewith, consolidates, amends, renews, restates and supercedes that certain Fifth Amended and Restated Promissory Note dated July 13, 2012 in favor of Lender in the original principal amount of FIFTY-SIX MILLION SEVEN THOUSAND EIGHT HUNDRED AND NO 100 DOLLARS ($56,007,800.00) (the “Prior Note”). The Borrower and the Lender intend that the indebtedness reflected by this Promissory Note shall continue to be fully and completely secured by all liens originally given as security for the Prior Note, according to the same perfection and priority. This instrument constitutes a consolidation, amendment and renewal, and not a novation, of the Prior Note.
Amended and Restated Note. This Note is issued in replacement of and amends, restates and supercedes in its entirety that certain Revolving Line of Credit Note dated March 5, 2003 of Holdings, Crystal Rock Spring Water Company, which has merged with and into Holdings, and Vermont Pure Springs, Inc., which has merged with and into Holdings, payable to the order of the Lender in the original principal amount of $____________ (the "Existing Note"); provided however that such amendment, restatement, and replacement of the Existing Note shall in no way be construed as a novation of the indebtedness of the Obligors under the Existing Note.
Amended and Restated Note. In connection and to facilitate the stated intent of the Company and the Lenders in the recitals, among other things, the parties consent and agree that the Notes issued to all Purchasers are hereby amended and restated, substantially in the form attached hereto as Exhibit A (the “Amended and Restated Note”). The Company shall execute and deliver the Note to each Purchaser.
Amended and Restated Note. TransTechnology shall deliver to CIT a Third Amended and Restated Revolving Loan Promissory Note (the "Amended Note"), in the form attached hereto as Exhibit A, duly executed by TransTechnology, which Amended Note will amend (to the extent set forth therein) and restate the Second Amended and Restated Revolving Loan Promissory Note (dated January 30, 2004 as of August 7, 2002), and will be issued in substitution of and exchange for, but not in payment of, such Second Amended and Restated Revolving Loan Promissory Note. Following CIT's receipt of the Amended Note, CIT will return to TransTechnology for cancellation the original Second Amended and Restated Revolving Loan Promissory Note, provided, however, that if such promissory note is unavailable, CIT will instead deliver to TransTechnology an affidavit of loss with respect to such promissory note. From and after the date this Amendment becomes effective in accordance with Section 4 hereof, the Amended Note will be deemed to be the "Revolving Loan Promissory Note" referred to in the Financing Agreement for all purposes therein.
