Reference to documents. Reference is made to (i) that certain letter agreement dated September 27, 1996 among the Borrowers and the Bank, as amended by the below-defined First Loan Supplement (as so amended, the "Letter Agreement"); (ii) that certain $1,500,000 original principal amount promissory note dated December 19, 1995 made by Alkermes and payable to the order of Fleet Mass, as amended by Allonge to Note dated September 27, 1996 among Alkermes, ACT I and the Bank (said December 19, 1995 promissory note, as so amended, being hereinafter referred to as the "1995 Note"); (iii) that certain $5,000,000 original principal amount promissory note dated September 27, 1996 (the "Ohio Term Note") made by Alkermes and ACT II and payable to the order of the Bank; (iv) that certain $2,500,000 original principal amount promissory note dated June 2, 1997 (the "1997 Term Note") made by the Borrowers and payable to the order of the Bank; (v) that certain Security Agreement dated as of September 27, 1996 from the Borrowers to the Bank, as amended by the First Loan Supplement (as so amended, the "Security Agreement"); (vi) that certain Pledge Agreement dated as of September 27, 1996 from Alkermes to the Bank, as affected by the First Loan Supplement (as so affected, the "Pledge"); (vii) that certain Mortgage and Security Agreement dated as of September 27, 1996 from ACT II to the Bank relating to premises of ACT II in Clinton County, Ohio, as affected by the First Loan Supplement (as so affected, the "Ohio Mortgage"); and (viii) that certain promissory note of even date herewith (the "1998 Term Note") in the face principal amount of the $4,000,000 made by the Borrowers and payable to the order of the Bank. The Letter Agreement, the 1995 Note, the Ohio Term Note, the 1997 Term Note, the Security Agreement, the Pledge, the Ohio Mortgage and the 1998 Term Note are hereinafter referred to collectively as the "Financing Documents". A copy of the form of the 1998 Term Note is attached hereto as Exhibit 1. As used herein, the term "First Loan Supplement" will be deemed to refer to that certain Loan Supplement and Modification Agreement dated as of June 2, 1997 among the Borrowers and the Bank.
Appears in 1 contract
Sources: Loan Agreement (Alkermes Inc)
Reference to documents. Reference is made to (i) that certain letter agreement dated September 27, 1996 (the "Letter Agreement") among the Borrowers and the Bank; (ii) that certain $3,187,496 original principal amount promissory note dated December 23, 1994 made by Alkermes and payable to the order of Fleet Mass, as amended by Allonge to Note dated September 27, 1996 among Alkermes, ACT I and the below-defined First Loan Supplement Bank (said December 23, 1994 promissory note, as so amended, being hereinafter referred to as the "Letter Agreement1994 Note"); (iiiii) that certain $1,500,000 original principal amount promissory note dated December 19, 1995 made by Alkermes and payable to the order of Fleet Mass, as amended by Allonge to Note dated September 27, 1996 among Alkermes, ACT I and the Bank (said December 19, 1995 promissory note, as so amended, being hereinafter referred to as the "1995 Note"); (iiiiv) that certain $5,000,000 original principal amount promissory note dated September 27, 1996 (the "Ohio Term Note") made by Alkermes and ACT II and payable to the order of the Bank; (iv) that certain $2,500,000 original principal amount promissory note dated June 2, 1997 (the "1997 Term Note") made by the Borrowers and payable to the order of the Bank; (v) that certain Security Agreement dated as of September 27, 1996 (the "Security Agreement") from the Borrowers to the Bank, as amended by the First Loan Supplement (as so amended, the "Security Agreement"); (vi) that certain Pledge Agreement (the "Pledge") dated as of September 27, 1996 from Alkermes to the Bank, as affected by the First Loan Supplement (as so affected, the "Pledge"); (vii) that certain Mortgage and Security Agreement dated as of September 27, 1996 (the "Ohio Mortgage") from ACT II to the Bank relating to premises of ACT II in Clinton County, Ohio, as affected by the First Loan Supplement (as so affected, the "Ohio Mortgage"); and (viii) that certain promissory note of even date herewith (the "1998 1997 Term Note") in the face principal amount of the $4,000,000 2,500,000 made by the Borrowers and payable to the order of the Bank. The Letter Agreement, the 1994 Note, the 1995 Note, the Ohio Term Note, the 1997 Term Note, the Security Agreement, the Pledge, the Ohio Mortgage and the 1998 1997 Term Note are hereinafter referred to collectively as the "Financing Documents". A copy of the form of the 1998 1997 Term Note is attached hereto as Exhibit 1. As used herein, the term "First Loan Supplement" will be deemed to refer to that certain Loan Supplement and Modification Agreement dated as of June 2, 1997 among the Borrowers and the Bank.
Appears in 1 contract
Sources: Loan Supplement and Modification Agreement (Alkermes Inc)
Reference to documents. Reference is made to (i) that certain letter agreement dated September 27, 1996 among the Borrowers and the Bank, as amended by the below-defined First Loan Supplement and the below-defined Second Loan Supplement (as so amended, the "Letter Agreement"); (ii) that certain $1,500,000 original principal amount promissory note dated December 19, 1995 made by Alkermes and payable to the order of Fleet Mass, as amended by Allonge to Note dated September 27, 1996 among Alkermes, ACT I and the Bank (said December 19, 1995 promissory note, as so amended, being hereinafter referred to as the "1995 Note"); (iii) that certain $5,000,000 original principal amount promissory note dated September 27, 1996 (the "Ohio Term Note") made by Alkermes and ACT II and payable to the order of the Bank; (iv) that certain $2,500,000 original principal amount promissory note dated June 2, 1997 (the "1997 Term Note") made by the Borrowers and payable to the order of the Bank; (v) that certain Security Agreement dated as of September 27, 1996 from the Borrowers to the Bank, as amended by the First Loan Supplement and the Second Loan Supplement (as so amended, the "Security Agreement"); (vi) that certain Pledge Agreement dated as of September 27, 1996 from Alkermes to the Bank, as affected by the First Loan Supplement and the Second Loan Supplement (as so affected, the "Pledge"); (vii) that certain Mortgage and Security Agreement dated as of September 27, 1996 from ACT II to the Bank relating to premises of ACT II in Clinton County, Ohio, as affected by the First Loan Supplement and the Second Loan Supplement (as so affected, the "Ohio Mortgage"); and (viii) that certain promissory note of even date herewith dated March 19, 1998 (the "March 1998 Term Note") in the face principal amount of the $4,000,000 made by the Borrowers and payable to the order of the Bank; (ix) that certain promissory note of even date herewith in the face principal amount of $9,000,000 (the "Tranche A September 1998 Term Note") made by the Borrowers and payable to the order of the Bank; and (x) that certain promissory note of even date herewith in the face principal amount of $11,000,000 (the "Tranche B September 1998 Term Note") made by the Borrowers and payable to the order of the Bank. The Letter Agreement, the 1995 Note, the Ohio Term Note, the 1997 Term Note, the Security Agreement, the Pledge, the Ohio Mortgage Mortgage, the March 1998 Term Note, the Tranche A September 1998 Term Note and the Tranche B September 1998 Term Note are hereinafter referred to collectively as the "Financing Documents". A copy Copies of the form forms of the Tranche A September 1998 Term Note is and the Tranche B September 1998 Term Note are attached hereto as Exhibit 1Exhibits 1 and 2, respectively. As used herein, the term "First Loan Supplement" will be deemed to refer to that certain Loan Supplement and Modification Agreement dated as of June 2, 1997 among the Borrowers and the Bank, and the term "Second Loan Supplement" will be deemed to refer to that certain Second Loan Supplement and Modification Agreement dated as of March 19, 1998.
Appears in 1 contract
Sources: Loan Agreement (Alkermes Inc)