Substitution of Note. This Note evidences indebtedness created under the Credit Agreement, which indebtedness is in full force and effect on a continuing basis, unimpaired and undischarged, under the Credit Agreement. This Note is issued in substitution for and replacement of, but not in payment or satisfaction of, that certain Twelfth Amended and Restated Secured Revolving Note dated February 3, 2014, in the face amount of $70,000,000.00. Borrowers acknowledge that they have read and understood all the provisions of this Note, including the waiver of jury trial, and have been advised by counsel as necessary or appropriate.
Substitution of Note. Simultaneously with the delivery by any Lender to Borrowers of any Note which is the subject of a Loan Assignment and which is marked "canceled," Borrowers shall execute and deliver to such Lender for delivery to (i) the Assignee to which such Loan Assignment is made, a promissory note payable to the order of such Assignee in an amount equal to the amount assigned to such Assignee, and (ii) such Lender making such Loan Assignment, a promissory note payable to the order of such assigning Lender in an amount equal to the amount retained by such Lender, each such Note to be substantially in the form of the canceled Note.
Substitution of Note. Mortgagor will, if the Note is mutilated, destroyed, lost or stolen, deliver to Mortgagee, in substitution therefor, a new promissory note containing the same terms and conditions as the Note with a notation thereon of the unpaid principal and accrued but unpaid interest. Mortgagor shall be furnished with satisfactory evidence of the mutilation, destruction, loss or theft of the Note, and also such security or indemnity as may be reasonably requested by Mortgagor; provided, however, that if the original Mortgagee named herein is the then mortgagee under this Mortgage, an unqualified indemnity from the original mortgagee named herein shall be deemed to be satisfactory security or indemnification.
Substitution of Note. This Note evidences indebtedness created under the Credit Agreement, which indebtedness is in full force and effect on a continuing basis, unimpaired and undischarged, under the Credit Agreement. This Note is issued in substitution for and replacement of, but not in payment or satisfaction of, that certain Eighth Amended and Restated Secured Revolving Note dated as of October 31, 2006, in the face amount of $30,000,000.00. Borrowers acknowledge that they have has read and understood all the provisions of this Note, including the waiver of jury trial, and have been advised by counsel as necessary or appropriate. WITNESS the due execution of this Ninth Amended and Restated Secured Revolving Note as a document under seal, as of the date first written above, with the intent to be legally bound hereby. ATTEST: BIO-REFERENCE LABORATORIES, INC., a New Jersey corporation By: /S/ Xxx Xxxxxx By: /S/ Xxxx X. Xxxxxxx XXX XXXXXX, Secretary XXXX X. XXXXXXX, President ATTEST: BRLI NO. 2 ACQUISITION ‘CORP., a New Jersey corporation doing business as Gene DX, Inc. By: /S/ Xxx Xxxxxx By: /S/ Xxxx X. Xxxxxxx XXX XXXXXX, Secretary XXXX X. XXXXXXX, President CORPORATE RESOLUTION OF MEDILABS, INC. TO AMEND LOAN DOCUMENTS The undersigned, being the Chief Financial Officer of MEDILABS, INC. (the “Corporation”) does hereby certify that the following Resolution was duly adopted by unanimous consent of the Board of Directors of the Corporation, and in lieu of meeting:
Substitution of Note. Lender acknowledges receipt of the Amended and Restated Installment Note and confirms that the Amended and Restated Installment Note is in substitution for (and not in addition to) the Original Note. From and after the date hereof, all references in the Loan Documents to the “Note” or any similar reference shall mean the Amended and Restated Installment Note and all references to the “Loan” or similar reference contained in the Loan Documents are hereby amended to reflect the Loan in the principal amount of $35,370,000.
Substitution of Note. This Agreement is made in substitution of, and not in payment or novation of, the Pledged Note. A portion of the Pledged Note has been converted into Xxxxx Note II, and the remaining balance of the Pledged Note has been converted into the Conversion Shares and Xxxxx Note III pursuant to this Agreement.
Substitution of Note. This Note is issued in substitution and replacement for the Prior Note, the Payee hereby agrees that no interest or principal is payable under the Prior Note and hereby irrevocably waives payment of all accrued and unpaid interest thereunder.
