Common use of Amended and Restated Note Clause in Contracts

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.

Appears in 1 contract

Samples: Hardinge Inc

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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 Replacement Daily Adjusting LIBOR Grid Note note dated on or about December 24May 9, 20122013, in the original principal amount of $25,000,000.0023,000,000.00, given by Hardinge Inc. Borrower in favor of the BankBank (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 Hardinge Inc. 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 Hardinge Inc.the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, 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. 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.

Appears in 1 contract

Samples: Replacement Term Note (Hardinge Inc)

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 Libor Revolving Line Note dated on or about December 2416, 20122011, in the original principal amount of $25,000,000.00, given by Hardinge Inc. Borrower 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. 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 Hardinge Inc.the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, 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. 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.

Appears in 1 contract

Samples: Loan Guarantyand Security Agreement (Hardinge Inc)

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 note dated on or about December 24, 2012, ______ in the original principal 'amount of $25,000,000.00_________, given by Hardinge Inc. Borrower in favor of the BankBank (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 Hardinge Inc. the Borrower as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of .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 the Borrower's obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, and are hereby acknowledged by the Borrower to now secure, among other things, all of the Borrower’s '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 to.. the obligations under the Prior Note; and (c) nothing herein contained shall be construed .construed to extinguish, release, or discharge, or constitute, ; create, or effect a novation of, or an agreement to extinguish, the obligations of Hardinge Inc. 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.

Appears in 1 contract

Samples: Term Note (Blue Ridge Real Estate Co)

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 note dated on or about December 24, 2012, in the original principal amount of $25,000,000.00$ , given by Hardinge Inc. Xxxxxxxx in favor of the BankBank (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 Hardinge Inc. 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 Hardinge Inc.the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, 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. 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.

Appears in 1 contract

Samples: Hardinge Inc

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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 Replacement Daily Adjusting LIBOR Grid Note note dated on or about December 24August 26, 20122011, in the original principal amount of $25,000,000.0010,000,000, given by Hardinge Inc. GTJ REIT, INC. in favor of the BankBank (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 Hardinge Inc. GTJ as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this NoteNote and as joined by FARM SPRINGS ROAD, LLC, 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.the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, 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. 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.

Appears in 1 contract

Samples: GTJ REIT, Inc.

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 In payment of, a prior Replacement Daily Adjusting LIBOR Grid Note note dated on or about December 24August 26, 2012, 2011 in the original principal amount of $25,000,000.0010,000,000, given by Hardinge Inc. GTJ REIT, INC, in favor of the BankBank (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 Hardinge Inc. GTJ as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this NoteNote and as joined by FARM SPRINGS ROAD, LLC, 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.the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, 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 relating, to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, discharge or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of Hardinge Inc. 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.

Appears in 1 contract

Samples: Mortgage Modification Agreement (GTJ REIT, Inc.)

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 note dated on or about December 24____________, 2012____, in the original principal amount of $25,000,000.00__________, given by Hardinge Inc. Borrower in favor of the BankBank (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 Hardinge Inc. 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 Hardinge Inc.’s the Borrower's obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by Hardinge Inc.the Borrower, and are hereby acknowledged by the Borrower to now secure, among other things, all of the Borrower’s '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. 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.

Appears in 1 contract

Samples: Term Note (Emerging Vision Inc)

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