Common use of Restated Note Clause in Contracts

Restated Note. Concurrently with the execution and delivery of this Amendment, the Company shall execute and deliver to the Agent a Third Amended and Restated Promissory Note (the “Restated Note”), evidencing the Revolving Commitment in the principal amount of $15,000,000, in form and substance satisfactory to the Agent. Upon receipt by the Agent of the Restated Note, the existing Second Amended and Restated Promissory Note dated as of July 11, 2011, made by the Company to the Agent in the original principal amount of $21,000,000 (the “Existing Note”) shall be canceled and the Revolving Commitment and all accrued and unpaid interest on the Existing Note shall thereafter be evidenced by the Restated Note. Without duplication, the Restated Note shall not constitute a novation and shall in no way extinguish the Company’s unconditional obligation to repay all indebtedness, including accrued and unpaid interest, evidenced by the Existing Note.