Amended and Restated Note Clause Samples
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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 note dated on or about ____________, ____, in the original principal amount of $__________, given by Borrower in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower 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 the Borrower's obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower's obligations to the Bank under this Note, 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 the Borrower 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. Exhibit A of the Existing Loan Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto.
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. This Note is issued in replacement of and amends, restates and supercedes in its entirety that certain Term 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. This Promissory Note, together with the Amended and Restated Promissory Note (▇▇▇▇ ▇▇▇▇▇/Big Boulder) 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. 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. This Note (i) amends and restates the Revolving Credit Promissory Note, dated July 9, 1997, from the Borrower to the Lender (the "Existing Note"), (ii) evidences, in addition to any Revolving Credit Loans made by the Lender on or after the date hereof, any Revolving Credit Loans outstanding as of the date hereof and previously evidenced by the Existing Note and (iii) and is a modification with respect to, and does not constitute a novation of, any such outstanding Revolving Credit Loans. Anything contained herein to the contrary notwithstanding, and in addition to, and not in limitation of, any other obligations of the Borrower hereunder, the Borrower shall pay to the Lender in accordance with the Credit and Security Agreement any unpaid interest which has accrued under the Existing Note, as of the date hereof, on any outstanding Revolving Credit Loans.
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. To evidence the increase to the Revolving Credit Commitment set forth above, the Borrower shall have executed and delivered to Lender a Second Amended and Restated Revolving Credit Note in substantially the same form, mutatis mutandis, as the Amended and Restated Note delivered by the Borrower in favor of ▇▇▇▇▇▇ on August 14, 2020.
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”).