Secured Promissory Notes. The Term Loans shall be evidenced by a Secured Promissory Note or Notes in the form attached as Exhibit D hereto (each a “Secured Promissory Note”), and shall be repayable as set forth in this Agreement. Borrower irrevocably authorizes each Lender to make or cause to be made, on or about the Funding Date of any Term Loan or at the time of receipt of any payment of principal on such Lender’s Secured Promissory Note, an appropriate notation on such Lender’s Secured Promissory Note Record reflecting the making of such Term Loan or (as the case may be) the receipt of such payment. The outstanding amount of each Term Loan set forth on such Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of Borrower under any Secured Promissory Note or any other Loan Document to make payments of principal of or interest on any Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender as to the loss, theft, destruction, or mutilation of its Secured Promissory Note, Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.
Secured Promissory Notes. At the election of any Lender made as to each Credit Facility for which it has made Credit Extensions, each Credit Facility shall be evidenced by one or more secured promissory notes in form and substance satisfactory to Agent and Lenders (each a “Secured Promissory Note”). Upon receipt of an affidavit of an officer of a Lender as to the loss, theft, destruction, or mutilation of its Secured Promissory Note, Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.
Secured Promissory Notes. Each Lender’s Additional Growth Capital Amount and Existing Growth Capital Advances shall be evidenced by a Secured Promissory Note or Notes (or, as elected by any Lender, amended and restated Notes) in substantially the form attached as Exhibit D hereto (each of the foregoing, a “Secured Promissory Note”), and shall be repayable as set forth herein. Notwithstanding the foregoing, if any Lender elects to replace any promissory note relating to the Existing Growth Capital Advances and entered into prior to the Effective Date (each, an “Existing Note”) with a Secured Promissory Note made in favor of such Lender as of the Effective Date, such Lender shall within ten (10) Business Days following the Effective Date, return to Borrower the previously issued Existing Note marked “cancelled” or shall provide satisfactory evidence to Borrower of such cancellation (and deliver an electronic version of such cancelled Existing Note to Borrower on the Effective Date). Borrower irrevocably authorizes each Lender to, and subject to the terms and conditions set forth herein, Lender shall make or cause to be made, on or about the funding date of each Growth Capital Advance or at the time of receipt of any payment of principal on such Lender’s Secured Promissory Note, an appropriate notation on such Lender’s Secured Promissory Note Record reflecting the making of such Lender’s portion of such Growth Capital Advance or (as the case may be) the receipt of such payment, which payment shall be applied ratably among each Lender’s Secured Promissory Notes if there are more than one in favor of such Lender. The outstanding amount of the Growth Capital Advances set forth on such Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of Borrower hereunder or under any Secured Promissory Note to make payments of principal of or interest on any Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender as to the loss, theft, destruction, or mutilation of its Secured Promissory Note. Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.
Secured Promissory Notes. The Term Loan shall be evidenced by a Secured Promissory Note in the form attached as Exhibit D hereto (“Secured Promissory Note”) and shall be repayable as set forth in this Agreement.
Secured Promissory Notes. Section 2.4 is amended in its entirety and replaced with the following:
Secured Promissory Notes. Buyer shall issue to Seller three secured promissory notes as follows: BCInet - APA
Secured Promissory Notes. Section 2.5 of the Loan Agreement hereby is amended and restated in its entirety to read as follows:
Secured Promissory Notes. All Cash Consideration not to be paid at the First Closing shall be evidenced by a separate, non-negotiable secured promissory notes of Buyer payable to the order of Seller in the form of Exhibit B attached hereto (“First Closing Note”). To secure Buyer’s performance under the First Closing Note and under any other notes that may be delivered by Buyer under this Agreement or upon exercise of the First Option, if exercised, (collectively, the “Secured Promissory Notes”), Guarantor shall execute and deliver to Seller a guaranty in the form of Exhibit C attached hereto (“Guaranty”), and Buyer shall execute and deliver to Seller a security agreement in the form of Exhibit D attached hereto (“Security /s/ PJM Agreement”). Seller may assign the Secured Promissory Notes to an affiliate of Seller in satisfaction of sums, if any, due it from Seller.
Secured Promissory Notes. Secured Promissory Notes made and acknowledged by Buyer in the amount required hereunder for such closing in the form attached hereto as Exhibit B;
Secured Promissory Notes. With regard to those two separate Secured Promissory Notes issued by the Executive to North Atlantic Trading Company, Inc. on March 31, 2002 in the original principal amounts of $958,499.02 and $475,071.30, respectively, the Company agrees that the interest payments due on March 31, 2006 and March 31, 2007 may be deferred and paid by the Executive upon the maturity of such Secured Promissory Notes on March 31, 2008.
