Prior Note. This note amends, restates and supersedes in its entirety the Purchase Note executed and delivered in connection with Amendment No. 2 to the Purchase Agreement (the “Prior Note”).
Prior Note. This Note supersedes and replaces in its entirety the Amended and Restated Secured Convertible Promissory Note dated June 19, 2014 (“Prior Note”), which Prior Note shall be automatically cancelled and of no further force and effect upon execution of this Note by the Company and delivery of the executed original of this Note to Holder.
Prior Note. This Note amends and supersedes the obligations of Borrower as evidenced by that certain Promissory Note dated December 13, 2013, in the original principal amount of $10,000,000, made payable by the Borrower to Holder, the original of which is attached hereto and shall not be negotiated separately from this Note (the "Prior Note"). It is the intention of Borrower and Holder that while this Note amends and supersedes the Prior Note, this Note is not in payment, satisfaction or novation of the Prior Note, but rather is the substitution of one evidence of debt for another, without any intent to extinguish the indebtedness of the Borrower to the Holder existing as of the effective date of this Note and evidenced by the Prior Note. The Prior Note shall be returned to Borrower only upon payment in full of this Note. [The remainder of this page is intentionally left blank.] [SIGNATURE PAGE FOR FIRST AMENDED AND RESTATED PROMISSORY NOTE (INVENTORY LOAN)]
Prior Note. THE PROMISSORY NOTE FROM 1-800 LENS-NOW, INC. DBA 1-800 CONTACTS, INC. TO LENDER DATED OCTOBER 1, 1997 IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,000,000.00. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from lability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: I-800 CONTACTS, INC. By: /s/ Jonaxxxx X. Xxxx By: /s/ John X. Xxxxxxx -------------------------------- ------------------------------ JONAXXXX X. XXXX, XXESIDENT JOHN XXXXXXX, XXCE PRESIDENT ================================================================================ 16
Prior Note. This Revolving Note shall supersede, replace and continue, but shall not be considered a repayment or novation of, the note dated September 28, 1999, by the Borrower to the order of the Bank (the "Prior Note"). All obligations of the Borrower under the Prior Note shall be evidenced by, and continued pursuant to, this Revolving Note.
Prior Note. This Change in Terms is an amended and restated renewal of the Revolving Credit Note in the maximum original credit amount of $5,000,000.00 from Allin Communications Corporation, Allin Interactive Corporation, Allin Digital Imaging Corp., Kent Consulting Group, Inc., Netright, Inc., Allin Holdings Corporation, and KCS Computer Services, Inc., to S&T Bank dated October 1, 1998. This Change in Terms is intended to amend and restate, and is not intended to be in substitution for or a novation of the Revolving Credit Note dated October t, 1998.
Prior Note. The Borrower acknowledges and agrees that this Note amends, modifies, continues, and restates a prior note dated May 30, 2008, in the original principal amount of Two Million Two Hundred Forty Thousand and no/100 ($2,240,000.00), given by the Borrower and Superior Modular Products Incorporated in favor of Valley Bank, a Virginia banking corporation, its affiliates and their successors and assigns, as the same may have been amended or modified from time to time (the “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, modified, continued, 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 Lender 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. Bank of North Carolina is the successor by merger to Valley Bank and is the holder of the Prior Note. Subsequent to the execution of the Prior Note, Superior Modular Products Incorporated was merged into the Borrower with the Borrower being the surviving entity.
Prior Note. This note is in renewal and replacement of a certain Promissory Note dated September 11, 2001, in the original principal amount of 250,000.00 executed and delivered by Borrower and Lender.
Prior Note. A Promissory Note from BAB Holdings, Inc. to Lender, dated April 14, 1997 in the principal amount of $2,000,000.00.
Prior Note. This Promissory Note provides for the renewal or refinance of the existing debt evidenced by the Promissory Note dated March 24, 2006, in the original principal amount of $50,000,000.00 as may have been modified, extended or amended. This Note is not intended to satisfy or extinguish the underlying debt and obligation evidenced by the March 24, 2006 Promissory Note, but rather set forth the terms and conditions on which such debt is being renewed or refinanced.
