Common use of Repayment Terms Clause in Contracts

Repayment Terms. Interest on the Principal at the rates aforesaid shall be due and payable monthly in arrears on the last day of each month beginning on the month in which Holder funds the first Advance hereunder in SEPTEMBER, 1997 to and including the earlier of: (a) SEPTEMBER, 1997; or (b) the date on which a prepayment is required under Section 4(b) hereof; or (c) the final Rent Commencement Date for the final Schedule under, and as defined in, the Master Equipment Lease Agreement dated as of May 12, 1997 between the Maker, as lessee, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules from time to time executed in connection therewith, are hereinafter collectively referred to as, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available funds.

Repayment Terms. Interest on 2.1 The Company and the Principal Holder each agrees that the last sentence of the introductory paragraph of the First Note is hereby amended and restated to read in its entirety as set forth below: “The amount of principal and interest due hereon as of July 3, 2012, shall be payable at the rates aforesaid principal office of the Company or by mail to the registered address of the Holder in two equal payments simultaneously with the second and third funding tranches of the proposed debt financing between the Company and ASYM Energy Opportunities LLC, but in no event later than December 31, 2014 (the “Repayment Date”), except that no payment will be required to the extent that such principal and interest are or have been paid or converted pursuant to the terms hereof or under the Agreement. Notwithstanding anything in this Note to the contrary, the interest accruing on this Note after and including July 3, 2012, shall be due and payable monthly in arrears on via cashier’s check, wire of immediately available funds, or cash, by the last 15th day of each month beginning with July 15, 2012.” 2.2 The Company and the Holder each agrees that the last sentence of the introductory paragraph of the Second Note is hereby amended and restated to read in its entirety as set forth below: “The amount of principal and interest due hereon as of July 3, 2012, shall be payable at the principal office of the Company or by mail to the registered address of the Holder in two equal payments simultaneously with the second and third funding tranches of the proposed debt financing between the Company and ASYM Energy Opportunities LLC, but in no event later than December 31, 2014 (the “Repayment Date”), except that no payment will be required to the extent that such principal and interest are or have been paid or converted pursuant to the terms hereof or under the Agreement. Notwithstanding anything in this Note to the contrary, the interest accruing on this Note after and including July 3, 2012, shall be due and payable by the 15th day of each month in which beginning with July 15, 2012.” 2.3 The Company and the Holder funds each agrees that upon the funding of the first Advance hereunder in SEPTEMBER$1,000,000 tranche of debt financing from ASYM Energy Opportunities LLC, 1997 to and including or its affiliates (“ASYM”), as contemplated by the earlier of: (a) SEPTEMBER, 1997; Purchase Agreement dated on or (b) about the date on which a prepayment is required under Section 4(b) hereof; or hereof (c) the final Rent Commencement Date for the final Schedule under, and as defined in, the Master Equipment Lease Agreement dated as of May 12, 1997 between the Maker, as lessee“Purchase Agreement”), and the Holder, as lessor (such Master Equipment Lease Company’s issuance of a press release regarding the terms of the Purchase Agreement, together with Equipment Schedules from time including disclosure of the aggregate of $10,000,000 of financing to time executed in connection therewith, are hereinafter collectively referred to asbe provided by ASYM, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge interest rate in effect on each of five the Prior Notes shall be reduced to an annual interest rate of ten percent (510%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available funds).

Repayment Terms. Interest on (a) The Participating Member shall, and shall cause each Eligible Small Business that receives Recoverable Assistance to, execute a Loan Agreement completed by the Principal Participating Member in accordance with the terms set forth in the Manual. Without in any way limiting the foregoing, the Participating Member agrees that, in completing the Loan Agreement, it shall use the loan amortization schedule provided by FHLB-PGH unless FHLB-PGH has agreed otherwise in writing. (b) The Participating Member hereby authorizes FHLB- PGH to debit the Participating Member’s DDA at the rates aforesaid shall be due and payable monthly in arrears FHLB-PGH on the last business day of each month beginning for the amount currently due to FHLB-PGH from each Eligible Small Business under the terms of its Loan Agreement. The amount collected will represent 12 months of payments made by the business and will be collected on the month anniversary date the BOB loan was granted by the Participating Member; provided, however, if the Participating Member experiences (i) a material adverse change in which Holder funds financial condition, (ii) a default under its Advances, Collateral Pledge and Security Agreement with the first Advance hereunder in SEPTEMBERFHLB-PGH, 1997 to and including the earlier of: (a) SEPTEMBER, 1997; or (biii) a reduction in its internal credit rating (as determined by the FHLB-PGH) to less than satisfactory (each hereinafter, a “ Material Adverse Change”), then FHLB-PGH, at its option and in its sole discretion, may, but in no event be required to adjust the frequency of the collection schedule from an annual schedule to a quarterly or monthly schedule. It is the responsibility of the Participating Member to make certain that sufficient funds are in its DDA on the due date. FHLB-PGH shall send the Participating Member notice of the amount(s) to be debited from the DDA at least fifteen (15) days prior to the date the funds are to be debited. The Participating Member must inform FHLB-PGH at least two (2) business days prior to the date the funds are to be debited if the Participating Member believes that any amount to be debited is incorrect. FHLB-PGH shall make a reasonable effort to reconcile any discrepancy, however, the Participating Member agrees that FHLB- PGH’s final determination as to any amount due shall in all cases be conclusive and binding on which a prepayment is required under Section 4(b) hereof; or the Participating Member. (c) The Participating Member shall notify FHLB-PGH immediately if it becomes aware of any Material Adverse Change. (d) The Participating Member shall notify FHLB-PGH immediately if: (i) an Eligible Small Business has defaulted under the final Rent Commencement Date terms of its Loan Agreement or any other documents between it and the Participating Member related to the Small Business Transaction; (ii) the Participating Member receives any notice from an Eligible Small Business pursuant to its Loan Agreement; (iii) an Eligible Small Business uses all or any portion of the Recoverable Assistance it received for a purpose that is not an Eligible Use; (iv) an Eligible Small Business no longer satisfies the requirements to be an “ Eligible Small Business” hereunder; (v) an Eligible Small Business refinances its Participating Member Financing with another financial institution or otherwise prepays all or any portion thereof; (vi) an Eligible Small Business is the subject of any Bankruptcy Event; or (vii) the Participating Member becomes aware of any fraud on the part of an Eligible Small Business in obtaining, or otherwise in relationship to, the Recoverable Assistance it received. (e) If an Eligible Small Business: (i) defaults under the terms of its Loan Agreement or any other documents between it and the Participating Member related to the Small Business Transaction; (ii) uses all or any portion of the Recoverable Assistance it received for a purpose which is not an Eligible Use; (iii) no longer satisfies the requirements to be an “ Eligible Small Business” hereunder; (iv) is the subject of any Bankruptcy Event; or (v) commits any fraud in obtaining, or otherwise in relationship to, the Recoverable Assistance it received; then, upon the occurrence of any such event, FHLB- PGH may require the Participating Member to immediately recover the Recoverable Assistance and return it to FHLB-PGH. (f) If an Eligible Small Business refinances the Participating Member Financing with another financial institution or otherwise prepays the Participating Member Financing in full, the Participating Member shall cause the Eligible Small Business to prepay the Recoverable Assistance in full. In the event that the Eligible Small Business fails to so prepay the Recoverable Assistance, the Participating Member shall remit a portion of the prepayment on a pro rata basis to FHLB-PGH as payment for the final Schedule underRecoverable Assistance. (g) If the Eligible Small Business prepays a portion, and as defined inbut less than all, of the Participating Member Financing, the Master Equipment Lease Participating Member shall remit a portion of the payment on a pro rata basis to FHLB-PGH as payment for the Recoverable Assistance. (h) If an Eligible Small Business shall fail to repay its Recoverable Assistance to the Participating Member in accordance with the terms set forth in its Loan Agreement dated as of May 12, 1997 between the Maker, as lessee, and the Holder, as lessor (such Master Equipment Lease or this Agreement, together the Participating Member shall use all reasonable collection efforts to recover the Recoverable Assistance from such Eligible Small Business. (i) Failure by the Participating Member to remit any principal or interest received from an Eligible Small Business to FHLB-PGH in accordance with Equipment Schedules from time to time executed the terms set forth in connection therewith, are hereinafter collectively referred to as, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge this Agreement shall result in suspension of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available fundsfurther Committed Funding.

Repayment Terms. Interest on During the Principal at Commitment Period, Borrower shall pay to Lender the rates aforesaid shall be due and payable monthly in arrears on the last day of each month beginning on the month in which Holder funds the first Advance hereunder in SEPTEMBER, 1997 to and including the earlier of: following: (a) SEPTEMBEROn each Payment Date, 1997; or Borrower will pay all accrued but unpaid interest outstanding under the Loan. (b) On each Payment Date, Borrower shall pay to Lender the Minimum Principal Repayment. In the event that Borrower is not able to pay to Lender the Minimum Principal Repayment on a particular Payment Date, the due date on which a prepayment is required under Section 4(b) hereofof such Minimum Principal Repayment shall be extended to the next Payment Date; or PROVIDED HOWEVER, that in no event shall the due date of any Minimum Principal Repayment be extended beyond the next Payment Date. (c) In the final Rent Commencement Date event Borrower receives a New Capital Infusion, Borrower shall apply such funds in the following order: (i) upon approval of the Borrower's Board of Directors, for payment of accrued benefits and accounts payable existing as of the final Schedule underdate of the Initial Advance, in an aggregate amount not to exceed $185,000; and (ii) one half of any amounts remaining after payment of (i) above shall be paid to Lender within two (2) Business Days of Borrower's receipt thereof and shall be applied in accordance with Section 2.5(f). (d) Borrower shall repay in full all principal, any unpaid interest, and as defined inother charges outstanding under the Loan no later than the Maturity Date. (e) Payments by Borrower to Lender will be made at 2425 East Camelback Road, Suite ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇d by Lender from time to time, and made in immediately available funds, or such other type of funds selected by Lender. (f) Unless otherwise provided in this Agreement, payments received by Lender with respect to the Master Equipment Lease Agreement dated as Loan shall be applied first to the Commitment Fee, next to the Quarterly Facility Fees, next to accrued and unpaid interest, next to additional sums or other costs or charges provided for herein or in any of May 12, 1997 between the Maker, as lesseeRelated Documents, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules from time remainder to time executed in connection therewith, are hereinafter collectively referred to as, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available fundsprincipal amount outstanding.

Repayment Terms. Interest on the Principal at the rates aforesaid Outstanding Obligations shall be due repaid from accumulated proceeds received by the Lender in respect of the Royalty Collateral in accordance with the following: (a) At any time prior to the Availability Termination Date and payable monthly in arrears on at any time following the last day of each month beginning the last Monthly Period (as defined in Section 1.4(b) below), the Lender shall apply all proceeds of the Royalty Collateral received by the Lender on the month Business Day immediately following the receipt of such proceeds in which Holder funds the first Advance hereunder in SEPTEMBER, 1997 to and including the earlier offollowing order of priority: (ai) SEPTEMBERfirst, 1997to the payment of all Expenses due to Lender; or (ii) second, the remainder, if any, to the payment of all accrued and unpaid interest on the Obligations until such accrued and unpaid interest has been paid in full; (iii) third, the remainder, if any, to the payment of all other outstanding Obligations due to Lender in any order determined by Lender until all outstanding Obligations due Lender have been paid in full in cash; and (iv) thereafter, the remainder, if any, to the Borrower, which application pursuant to this clause (iv) shall be made within 5 Business Days of the Lender’s receipt of the related proceeds. (b) At any time on and following the Availability Termination Date through the last day of the last Monthly Period, the Lender shall apply all proceeds of the Royalty Collateral received by the Lender on the Business Day immediately following the receipt of such proceeds in the following order of priority: (i) first, to the payment of all accrued and unpaid interest on the Obligations until such accrued and unpaid interest has been paid in full; (ii) second, the remainder, if any, to the payment of all outstanding Monthly Amounts (as defined below in this Section 1.4(b)) for the Monthly Periods ending on or prior to the date on which a prepayment is required under Section 4(b) hereof; or (c) the final Rent Commencement Date for the final Schedule under, and as defined in, the Master Equipment Lease Agreement dated as of May 12, 1997 between the Maker, as lessee, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules from time to time executed in connection therewith, are hereinafter collectively referred to as, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available funds.of

Repayment Terms. Interest FOR VALUE RECEIVED, the undersigned, PROBEX CORP., a Delaware corporation (the "Borrower") HEREBY PROMISES TO PAY to the order of PENNZOIL-QUAKER STATE COMPANY (the "Lender") on November 28, 2000 the principal sum of FIVE MILLION FIVE HUNDRED FIFTY THOUSAND AND NO/ONE-HUNDREDTHS DOLLARS ($5,550,000), (less the amount of any principal payment made prior to such date) with interest (computed on the Principal basis of a 360-day year - 30-day month) on the unpaid principal balance of this Note (i) from the date hereof to, but not including, October 27, 2000, at a rate of 13% per annum and (ii) from and thereafter, at a rate of 18% per annum. Notwithstanding the foregoing, if any principal or interest hereunder is not paid when due, whether at stated maturity, upon acceleration or otherwise, such overdue amount shall bear interest, after as well as before judgment, at the rates aforesaid Maximum Rate, and shall be payable upon demand, calculated from the date each overdue payment was due until paid in full. On or before October 13, 2000, Borrower shall make a mandatory payment hereunder of $1,000,000, together with all unpaid accrued interest thereon. An additional $1,000,000 shall be mandatorily prepaid, together with unpaid accrued interest thereon, upon the earlier of (i) the execution of the Engineering, Procurement and Construction Contract with Bechtel and (ii) November 3, 2000. Borrower may at any time, and from time to time, prepay this Note in whole or in part, without penalty or premium. Accrued and unpaid interest on the unpaid principal balance of this Note shall be due and payable monthly in arrears on the last first day of each month beginning month, commencing November 1, 2000, and at maturity. Both principal and interest are payable in lawful money of the United States of America in immediately available funds, on or before 11:00 a.m. (Houston time) on the month in which Holder funds date when due, by wire transfer to account no. 323-021158, Acct. Name: Pennzoil-Quaker State Co.; Ref: Sale of SES at The Chase Manhattan Bank, N.A., New York, NY (ABA No. ▇▇▇▇▇▇▇▇▇), or such other location as Lender may designate. All payments shall be made without deduction, withholding, counterclaim, off-set or defense and shall be applied first to accrued interest, the first Advance hereunder in SEPTEMBER, 1997 balance to and including principal. This is the earlier of: (a) SEPTEMBER, 1997; or (b) the date on which a prepayment is required under Section 4(b) hereof; or (c) the final Rent Commencement Date for the final Schedule underNote referred to in, and secured by (i) that certain Pledge Agreement of even date herewith executed and delivered by Borrower in favor of ▇▇▇▇▇▇ (as defined in, the Master Equipment Lease Agreement dated as of May 12, 1997 between the Maker, as lessee, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules same may be amended from time to time executed in connection therewith, are hereinafter collectively referred to astime, the "LeasePledge Agreement") and (ii) that certain Security Agreement of even date herewith executed and delivered by Probex Fluids Recovery, Inc. ("PFR") in favor of ▇▇▇▇▇▇ (as the same may be amended from time to time, the "Security Agreement"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that Capitalized terms used herein and not otherwise defined herein shall have the same remains unpaid, computed from meaning set forth in the due date thereof through Pledge Agreement and the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available fundsSecurity Agreement.

Repayment Terms. Interest on the Principal at the rates aforesaid This Note shall be due and payable in consecutive monthly in arrears payments of accrued interest only on the last day first Business Day of each month, until fully paid. All outstanding principal will be repaid in accordance with the Loan Agreement, as hereinafter defined, and, if Borrower subscribes to Bank’s cash management services and such services are applicable to this line of credit, the terms of such services. In any event, this Note shall be due and payable in full, including all principal and accrued interest, on March 26, 2004, the “Maturity Date” of this Note. Provided Borrower is not in default under this Note or under any of the “Loan Documents” (as hereinafter defined), Borrower shall have the right and option to extend the Maturity Date for an additional twelve month beginning on period (“Term Option”) upon and in accordance with the month in which Holder funds the first Advance hereunder in SEPTEMBER, 1997 to following terms and including the earlier ofconditions: (a) SEPTEMBER, 1997Borrower shall give written notice to Bank at least 30 days prior to the Maturity Date of its intent to exercise the Term Option; or (b) Borrower shall execute and deliver to Bank all documentation as reasonably required by Bank in connection with the date on which a prepayment is required under Section 4(b) hereofTerm Option; or and (c) the final Rent Commencement Date for the final Schedule under, and as defined in, the Master Equipment Lease Agreement dated as of May 12, 1997 between the Maker, as lessee, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules from time Borrower shall pay to time executed Bank its reasonable attorneys’ fees in connection therewith, are hereinafter collectively referred to as. In the event Borrower exercises the Term Option, the "Lease")outstanding principal balance of this Note shall convert to a term loan and shall be due and payable in equal consecutive monthly installments of principal and interest in an amount determined by Bank which would allow the outstanding principal balance hereof to be repaid in twelve months, and shall be evidenced by, and Borrower hereby agrees to execute a note or other documentation reasonable required by Bank to evidence the same. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINNotwithstanding any term to the contrary herein, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDERor in any of the Other Agreements, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves Bank shall have the right to require demand payment of the entire remaining balance of this Note if, at any payment on this Promissory Note, whether such payment represents a regular installment time Borrower prepays the Term Loan in full or a prepayment, the Term Loan is terminated pursuant to be payable by wired federal funds the Loan Agreement or other immediately available fundsthe Other Agreements.

Repayment Terms. Interest The undersigned shall pay to Payee, Thirty-nine (39) monthly interest only payments, in the amount billed, beginning on November 01, 2006; and One (1) installment of interest in the Principal amount billed plus principal of any amount necessary to pay the note in full on February 1, 2010. Payments, other than those required as specified in this Section or in the Line of Credit Agreement, may be made at any time and in any amount during the rates aforesaid shall be term of this note, unless limited or prohibited herein or unless otherwise required by FCW in writing. This note is due and payable monthly in arrears full on February 1, 2010 (“Maturity Date”), at which time the undersigned shall pay the unpaid principal balance and all accrued interest in full. Any amount of principal hereof which is not paid when due, whether at stated maturity, by acceleration or otherwise, shall bear interest from the date when due until said principal is paid in full, payable on demand, at a rate per annum set forth in the Line of Credit Agreement. The makers or endorsers hereof hereby waive presentment for payment, demand, protest, and notice of dishonor and nonpayment of this note, and all defenses on the last day ground of each month beginning delay or of any extension of time for the payment hereof which may be hereafter given by the holder or holders hereof to them or either of them or to anyone who has assumed the payment of this note, and it is specifically agreed that the obligations of said makers or endorsers shall not be in anyway affected or altered to the prejudice of the holder or holders hereof by reason of the assumption of payment of the same by any other person or entity. The undersigned hereby promises to pay all costs and expenses of any rightful holder hereof incurred in collecting the undersigned’s obligations hereunder or in enforcing or attempting to enforce any of such holder’s rights hereunder, including reasonable attorneys’ fees and disbursements, whether or not an action is filed in connection therewith. THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA. REPRESENTATIVES OF FCW ARE NOT AUTHORIZED TO MAKE ANY ORAL AGREEMENTS OR ASSURANCES. DO NOT SIGN THIS NOTE IF YOU BELIEVE THAT THERE ARE ANY AGREEMENTS OR UNDERSTANDING BETWEEN YOU AND FCW THAT ARE NOT SET FORTH IN WRITING IN THIS NOTE, THE LINE OF CREDIT AGREEMENT OR OTHER LOAN DOCUMENTS EVIDENCING THE COMMITMENT. By /s/ A▇▇▇▇▇ ▇. ▇▇▇▇▇ A▇▇▇▇▇ ▇. ▇▇▇▇▇, Chief Operating Officer, Chief Financial Officer & Corporate Secretary By /s/ S▇▇▇▇ ▇. ▇▇▇▇▇ S▇▇▇▇ ▇. ▇▇▇▇▇, Treasurer INDORSEMENT — The within Note is hereby indorsed by the payee named in the body of said Note as if the name of the payee were actually executed under the indorsement. PAY TO THE ORDER OF U.S. AgBANK, FCB, Wichita, Kansas $12,000,000.00 October 5, 2006 FOR VALUE RECEIVED, on the month Maturity Date as set forth in which Holder funds that certain Line of Credit Agreement dated October 5, 2006, or in any amendments thereto (the first Advance hereunder in SEPTEMBER, 1997 to and including the earlier of: (a) SEPTEMBER, 1997; or (b) the date on which a prepayment is required under Section 4(b) hereof; or (c) the final Rent Commencement Date for the final Schedule under, and as defined in“Line of Credit Agreement”), the Master Equipment Lease Agreement dated as undersigned promises to pay to the order of May 12Farm Credit West, 1997 between PCA (the Maker“Payee”), as lesseeor order, at the place and in the Holder, as lessor (such Master Equipment Lease manner set forth in the Line of Credit Agreement, together with Equipment Schedules the principal amount of TWELVE MILLION DOLLARS ($12,000,000.00). The undersigned promises to pay interest on the principal amount hereof remaining unpaid from time to time executed in connection therewith, are hereinafter collectively referred to as, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through hereon until the date of receipt thereofpayment in full, payable as provided below under “Repayment Terms”. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, This note is given for advances to be payable made by wired federal funds or other immediately available fundsPayee to the undersigned from time to time in accordance with the terms and conditions of the Line of Credit Agreement, all the terms and conditions of which are incorporated herein by reference. Advances, accrued interest, and payments shall be posted by the Payee upon an appropriate accounting record, shall be prima facie evidence as to all such amounts and shall be binding on the undersigned absent manifest error. The total of such advances may not exceed the face amount of this note. This note is executed, delivered and accepted not in payment of but for the purpose of amending, restating and replacing the following described obligations, and renewing any unpaid balance(s) evidenced thereby: note dated August 17, 2005, in the principal amount of $12,000,000.00. Furthermore, this note also evidences an additional loan advance(s) to the extent the note under exceeds the renewed unpaid balance(s) referred to above.

Repayment Terms. Interest Accrued and unpaid interest on the Principal at the rates aforesaid outstanding principal amount of advances under Tranche A shall be due and payable monthly in arrears on December 1, 1998 and on the last first day of each month beginning thereafter. Accrued and unpaid interest on the outstanding principal amount of advances under Tranche B shall be due and payable on December 1, 1998, and on the first day of each month thereafter, unless prior to December 1, 1998 Borrower elects by written notice given to Lender to defer the Tranche B interest payments due on or after December 1, 1998 until February 28, 1999, and on or prior to December 1, 1998 all participants with respect to Tranche B consent in writing to such deferral, in which Holder funds event such Tranche B interest payment shall be so deferred. A principal payment on Tranche A in the first Advance hereunder amount of $1,500,000.00 shall be due and payable on December 18, 1998 unless on or prior to December 18, 1998, Lender and Borrower have agreed (by appropriate amendment to the Loan Agreement) that an amount (the "Additional Participation Amount") of principal outstanding under Tranche A equal to the difference between $1,500,000.00 and the amount paid on Tranche A on such date by Borrower shall be deemed paid through an advance under Tranche B and, simultaneously therewith, Lender shall have sold an additional participation in SEPTEMBERTranche B in the amount of the Additional Participation Amount, 1997 all upon such terms and conditions as may be reasonably satisfactory to and including Lender. The principal portion of the earlier of: (a) SEPTEMBER, 1997; or (b) the date on which a prepayment Note is required under subject to mandatory prepayments as set forth in Section 4(b5(c) hereof; or (c) the final Rent Commencement Date for the final Schedule under, and as defined in. For purposes of determining any principal prepayments required by Section 5(c), the Master Equipment Lease principal payment due December 18, 1998 (and, if applicable, the reduction of outstanding principal from Tranche A through an advance under Tranche B on December 18, 1998) shall not be deemed to reduce the outstanding indebtedness pursuant to the Credit Facility. The balance of unpaid principal and accrued and unpaid interest on the Note shall be due and payable on the Maturity Date. 6. Section 4(e) of the Loan Agreement dated as of May 12, 1997 between the Maker, as lesseeis deleted in its entirety, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules from time to time executed following is substituted in connection therewith, are hereinafter collectively referred to as, the "Lease"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves the right to require any payment on this Promissory Note, whether such payment represents a regular installment or a prepayment, to be payable by wired federal funds or other immediately available funds.its place:

Repayment Terms. Interest The following repayment provisions shall be in effect from the date hereof through the Ordinary Expiration Date: (1) If a Borrower so elects, all revenues of such Borrower shall be deposited into an account over which the Lender shall have control, and all amounts in such account at the end of each Business Day shall be transferred to Lender and applied as set forth in clause (4) below as of the next Business Day. (2) On or before the last day of each calendar quarter, commencing June 30, 2006, each Borrower shall pay to Lender, to be applied as set forth in clause (4) below, the amount, if any, by which the amount agreed by Lender and such Borrower pursuant to Section 2(b)(ii) hereof to be repaid to Lender hereunder during such quarter exceeds the amount repaid by such Borrower during such quarter pursuant to clause (1) above and clause (3) below. (3) If Ticketmaster (or any other ticketing agency with whom any Borrower has an arrangement or agreement concerning the sale of tickets to events promoted by such Borrower) transmits directly to Lender any funds due and owing by such ticketing agency to a Borrower, such sums shall be applied by Lender, effective as of the Business Day after receipt thereof by Lender in the manner described in clause (4) below. (4) All amounts received by Lender pursuant to this Section 3(c) shall be applied first to any unpaid fee, expense reimbursement or other amount (other than principal and interest) due hereunder, then to accrued and unpaid interest hereunder, and then to the unpaid principal amount of Advances. The Types of Advances to which interest and principal payments shall be applied will be determined by Lender, in its reasonable discretion after consultation with one or more of the Borrowers, to reflect the Types of the Projects from which the revenues generating such principal payments were derived. (5) The balance of unpaid principal and accrued and unpaid interest on the Principal at the rates aforesaid Revolving Credit Facility shall be due and payable monthly in arrears on the last day Termination Date, unless the Termination Date occurs as a result of each month beginning the occurrence of an Ordinary Expiration Date, in which event the provisions of Section 3(d) hereof shall thereafter become applicable to repayment of amounts outstanding under the Revolving Credit Facility. (6) If, on the month Termination Date (unless the Termination Date occurs as a result of the occurrence of an Ordinary Expiration Date, in which Holder funds event the first Advance hereunder in SEPTEMBERprovisions of this Section 3(c)(6) shall not apply), 1997 to and including the earlier of: (a) SEPTEMBER, 1997; or (b) the date on which a prepayment any Letter of Credit is required under Section 4(b) hereof; or (c) the final Rent Commencement Date for the final Schedule under, and as defined inoutstanding, the Master Equipment Lease Agreement dated Borrowers shall, on such date, deposit into an interest-bearing cash collateral account (the “Cash Collateral Account”) in the name of Lender, to be maintained by Lender as security for repayment of May 12, 1997 between the Maker, as lessee, and the Holder, as lessor (such Master Equipment Lease Agreement, together with Equipment Schedules from time to time executed in connection therewith, are hereinafter collectively referred to asindebtedness hereunder, the "Lease")aggregate maximum undrawn amount under the outstanding Letters of Credit. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINUpon any draw on any Letter of Credit, THE ENTIRE UNPAID BALANCE OF THE PRINCIPAL ADVANCED HEREUNDER, TOGETHER WITH ACCRUED AND UNPAID INTEREST THEREON AT THE APPLICABLE RATE AFORESAID, SHALL BE DUE AND PAYABLE ON THE EARLIER OF: (A) SEPTEMBER, 1997; OR (B) THE DATE ON WHICH A PREPAYMENT IS REQUIRED UNDER SECTION 4(B) HEREOF; OR (C) THE FINAL RENT COMMENCEMENT DATE FOR THE FINAL SCHEDULE UNDER, AND AS DEFINED IN, THE LEASE. In addition, Maker will pay a late payment charge of five percent (5%) of any payment due hereunder that is more than ten days late, for each month or part thereof that the same remains unpaid, computed from the due date thereof through the date of receipt thereof. Holder reserves Lender shall have the right to require any payment on this Promissory Notewithdraw the amount of such draw from such account and apply the same against the indebtedness due hereunder. On an approximately quarterly basis, Lender will determine whether the amount in the Cash Collateral Account exceeds the then aggregate maximum undrawn amount of all outstanding Letters of Credit. If such payment represents a regular installment an excess exists, Lender shall release to one or a prepayment, to be payable by wired federal funds or other immediately available fundsmore of the Borrowers the amount of such excess.