Amended And Restated Promissory Note Sample Contracts

Cryo-Cell International – Second Amended and Restated Promissory Note (June 15th, 2018)

FOR VALUE RECEIVED, CRYO-CELL INTERNATIONAL, INC., a Delaware corporation (Borrower), having an address at 700 Brooker Creek Blvd., Suite 1800, Oldsmar, FL 34677, hereby promises to pay to the order of TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns and any subsequent holders of this Note, Lender), as hereinafter provided, the principal sum of FIFTEEN MILLION FOUR HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE AND 81/100 DOLLARS ($15,499,999.81), or such lesser amount as has been advanced hereunder, together with interest thereon at the Note Rate (as hereinafter defined), and otherwise in strict accordance with the terms and provisions hereof.

GTJ REIT, Inc. – Consolidated, Amended and Restated Promissory Note (May 11th, 2018)

WHEREAS, THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, a New York corporation (together with each subsequent holder hereof, individually or collectively as the case may be, "Holder"), having an address at c/o AIG Investments, 777 S. Figueroa Street, 16th Floor, Los Angeles, California 90017-5800, or at such other address as may be designated from time to time hereafter by any Holder, is the holder of the Prior Notes (as defined below), evidencing obligations made by one or more of the parties set forth on Schedule I attached hereto, each having an address at c/o GTJ REIT Inc., 60 Hempstead Avenue, Suite 718, West Hempstead, New York 11552 (collectively, jointly and severally, "Maker");

Asiya Pearls, Inc. – Amended and Restated Promissory Note Due: June 19, 2017 (April 17th, 2018)

This amended and restated promissory note (this "Note") is hereby issued by QPAGOS, a Nevada corporation (the "Company"), to GIBBS INTERNATIONAL, INC., with an address located at 9855 Warren H. Abernathy Highway, Spartanburg, South Carolina 29301 or its registered assigns (the "Holder" or "Holders"). This Note amends, restates-Cancels, replaces and supersedes in its entirety that certain promissory note previously issued to Holder on October 20, 2016.

Asiya Pearls, Inc. – Amended and Restated Promissory Note Due: June 29, 2017 (April 17th, 2018)

This amended and restated promissory note (this "Note") is hereby issued by QPAGOS, a Nevada corporation (the "Company"), to DELINVEST COMMERCIAL LTD, with an address located at P.O. Box 3321, Drake Chambers, Roadtown, Tortola, BVI or its registered assigns (the "Holder" or "Holders"). This Note amends, restates cancels, replaces and supersedes in its entirety that certain promissory note previously issued to Holder on October 31st, 2016.

Centerstate Banks of Florida, Inc. – Second Amended and Restated Promissory Note (April 5th, 2018)

Promise to Pay. For value received, Borrower promises to pay to Lender the sum of up to the Principal Amount, to the extent advanced by Lender, or, if less, the unpaid principal amount of the Loan, and interest from the date hereof on the balance of principal from time to time outstanding, in United States currency, at the rates and at the times hereinafter described.

Community Choice Financial Inc. – Amended and Restated Promissory Note (April 2nd, 2018)

FOR VALUE RECEIVED, CCFI FUNDING II, LLC, an Ohio limited liability company ("Debtor"), unconditionally promises to pay to the order of IVY FUNDING NINE, INC., a Delaware limited liability company (together with its successors and assigns, "Lender"), without setoff, at its offices at 22 W Bryan St, Suite 208, Savannah GA 31401, or at such other place as may be designated by Lender, the principal amount of FIFTY-FIVE MILLION AND NO/100 DOLLARS ($55,000,000.00), in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate (the "Rate"), and in accordance with the payment schedule indicated below. This AMENDED AND RESTATED PROMISSORY NOTE (this "Note") is executed pursuant to and evidences a Loan funded by Lender under that certain AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of even date herewith (the "Effective Date"), between Debtor and Lender (as amended, restated or otherwise modified f

Intrusion – AMENDED AND RESTATED PROMISSORY NOTE (Revolving Loan) (March 29th, 2018)

FOR VALUE RECEIVED, on or before March 31, 2020 ("Maturity Date"), INTRUSION INC., a Delaware corporation ("Borrower"), promises to pay to the order of G. WARD PAXTON, of Richardson, TX ("Payee"), at 1101 E. Arapaho Road, Suite 200, the principal amount of THREE MILLION AND NO/100 DOLLARS ($3,700,000.00), or such lesser amount as may have been advanced by Payee to Borrower pursuant to this Amended and Restated Promissory Note ("Note"), together with interest on the unpaid principal balance of this Note from time to time outstanding at a floating rate per annum equal to one percent (1%) above the Prime Rate (as hereinafter defined), calculated on the basis of actual days elapsed but computed as if each year consisted of 360 days. This Note amends, restates and replaces in full that certain Promissory Note dated March 2, 2017, in the original principal amount of $3,700,000.00, executed by Borrower and originally payable to the order of Payee on or before December 31, 2019. As used herein

Amended and Restated Promissory Note (March 12th, 2018)

THIS AMENDED AND RESTATED PROMISSORY NOTE (this Restated Note), dated as of March 11, 2018, amends, re-evidences, restates, and supersedes in full, but does not in any way satisfy nor discharge the outstanding indebtedness, if any, owed under that certain Amended and Restated Promissory Note, dated as of October 18, 2012 (which amended and restated that certain Promissory Note, dated as of August 10, 2010 (the 2010 Note)), as amended by that certain Acknowledgment and Agreement, dated as of October 31, 2013, made by the undersigned in favor of THE MANN GROUP LLC (the 2012 Note). The 2012 Note, as amended, re-evidenced, and restated by this Restated Note, is referred to herein as the Note.

KBS Growth & Income REIT, Inc. – Amended and Restated Promissory Note (March 12th, 2018)

This Note is an amendment, restatement and replacement of that certain Promissory Note dated as of November 14, 2016, in the principal amount of $65,000,000.00 executed by Greenhouse Borrower payable to the order of Lender (the "Original Note"), as joined into and assumed on joint and several basis by Von Karman Borrower pursuant to that certain Assumption and Joinder Agreement dated as of May 8, 2017 by and among Von Karman Borrower, Greenhouse Borrower, Administrative Agent and Lenders. In no event shall this Note be deemed to be or constitute a novation or release of Borrower's obligations under the Original Note.

Plymouth Industrial REIT Inc. – Amended and Restated Promissory Note (March 9th, 2018)

FOR VALUE RECEIVED, the undersigned ("Maker"), hereby promises to pay to KeyBank National Association, a national banking association ("Payee"), or order, in accordance with the terms of that certain Credit Agreement, dated as of August 11, 2017 and as amended by a certain First Amendment to Credit Agreement dated August 11, 2017, as from time to time in effect, among Plymouth Industrial OP, LP, Plymouth Industrial REIT Inc., the Subsidiary Guarantors, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the "Credit Agreement"), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the lesser of the principal sum of FORTY-FIVE MILLION AND 00/100 DOLLARS ($45,000,000.00), or such amount as may be advanced by the Payee under the Credit Agreement as a Revolving Credit Loan with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from

KBS Real Estate Investment Trust III, Inc. – Amended and Restated Promissory Note (March 8th, 2018)

FOR VALUE RECEIVED, each of KBSIII 60 SOUTH SIXTH STREET, LLC, a Delaware limited liability company ("RBC Plaza Borrower"), KBSIII PRESTON COMMONS, LLC, a Delaware limited liability company ("Preston Commons Borrower"), KBSIII STERLING PLAZA, LLC, a Delaware limited liability company ("Sterling Plaza Borrower"), KBSIII ONE WASHINGTONIAN, LLC, a Delaware limited liability company ("One Washingtonian Office Tower Borrower"), KBSIII TOWERS AT EMERYVILLE, LLC, a Delaware limited liability company ("Towers at Emeryville Borrower"), KBSIII TEN ALMADEN, LLC, a Delaware limited liability company ("Ten Almaden Borrower"), KBSIII LEGACY TOWN CENTER, LLC, a Delaware limited liability company ("Legacy Town Center Borrower"), and KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company ("500 West Madison Tower Borrower"; RBC Plaza Borrower, Preston Common Borrower, Sterling Plaza Borrower, One Washingtonian Office Tower Borrower, Towers at Emeryville Borrower, Ten Almaden Borrower, Legacy

KBS Real Estate Investment Trust III, Inc. – Amended and Restated Promissory Note (March 8th, 2018)

FOR VALUE RECEIVED, each of KBSIII 60 SOUTH SIXTH STREET, LLC, a Delaware limited liability company ("RBC Plaza Borrower"), KBSIII PRESTON COMMONS, LLC, a Delaware limited liability company ("Preston Commons Borrower"), KBSIII STERLING PLAZA, LLC, a Delaware limited liability company ("Sterling Plaza Borrower"), KBSIII ONE WASHINGTONIAN, LLC, a Delaware limited liability company ("One Washingtonian Office Tower Borrower"), KBSIII TOWERS AT EMERYVILLE, LLC, a Delaware limited liability company ("Towers at Emeryville Borrower"), KBSIII TEN ALMADEN, LLC, a Delaware limited liability company ("Ten Almaden Borrower"), KBSIII LEGACY TOWN CENTER, LLC, a Delaware limited liability company ("Legacy Town Center Borrower"), and KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company ("500 West Madison Tower Borrower"; RBC Plaza Borrower, Preston Common Borrower, Sterling Plaza Borrower, One Washingtonian Office Tower Borrower, Towers at Emeryville Borrower, Ten Almaden Borrower, Legacy

KBS Real Estate Investment Trust III, Inc. – Amended and Restated Promissory Note (March 8th, 2018)

FOR VALUE RECEIVED, each of KBSIII 60 SOUTH SIXTH STREET, LLC, a Delaware limited liability company ("RBC Plaza Borrower"), KBSIII PRESTON COMMONS, LLC, a Delaware limited liability company ("Preston Commons Borrower"), KBSIII STERLING PLAZA, LLC, a Delaware limited liability company ("Sterling Plaza Borrower"), KBSIII ONE WASHINGTONIAN, LLC, a Delaware limited liability company ("One Washingtonian Office Tower Borrower"), KBSIII TOWERS AT EMERYVILLE, LLC, a Delaware limited liability company ("Towers at Emeryville Borrower"), KBSIII TEN ALMADEN, LLC, a Delaware limited liability company ("Ten Almaden Borrower"), KBSIII LEGACY TOWN CENTER, LLC, a Delaware limited liability company ("Legacy Town Center Borrower"), and KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company ("500 West Madison Tower Borrower"; RBC Plaza Borrower, Preston Common Borrower, Sterling Plaza Borrower, One Washingtonian Office Tower Borrower, Towers at Emeryville Borrower, Ten Almaden Borrower, Legacy

Censtar Energy Corp. Amended and Restated Promissory Note (January 16th, 2018)

For value received, CenStar Energy Corp., a New York corporation ("CenStar" or the "Issuer"), promises to pay to the order of Woden Holdings, LLC (fka Verde Energy USA Holdings, LLC) (the "Holder"), the principal sum of Twenty Million and No/100 US Dollars ($20,000,000.00). This amended and restated promissory note (this "Note") amends and restates in its entirety, and is being issued as a replacement to, the Note originally issued pursuant to that certain Membership Interest and Stock Purchase Agreement dated as of May 5, 2017 among Holder, CenStar, and Spark Energy, Inc. (the "MIPA") and is subject to the following terms and conditions. Capitalized terms not otherwise defined herein shall have the meanings given to such terms in the MIPA.

Amended and Restated Promissory Note (January 5th, 2018)

For value received, the undersigned, FRIENDSWOOD TRS, LLC (the "Borrower"), promises to pay to the order of SUMMIT HEALTHCARE OPERATING PARTNERSHIP, L.P. (formerly known as CORNERSTONE OPERATING PARTNERSHIP, LP), its successors and assigns (together with its successors and assigns, "Lender"), in lawful money of the United States of America, the principal sum of ONE MILLION SIXTY-SEVEN THOUSAND EIGHT HUNDRED SEVENTY-FOUR and 00/100 DOLLARS ($1,067,874.00) (the "Principal") (this "Note" including any amendments, modifications, replacements, substitutions, extensions, renewals, or refinances thereof).

Calpian Inc. – Amended and Restated Promissory Note (January 3rd, 2018)

FOR VALUE RECEIVED, MONEYONMOBILE, INC., a Texas corporation ("Maker" or "MoneyOnMobile"), does hereby promise to pay to the order of HALL MOM, LLC, a Texas limited liability company ("Payee" or "Hall"), at its office, 2323 Ross Ave, Ste. 200, Dallas, Texas 75201, or at such other place as the holder hereof may from time to time designate in writing, in lawful money of the United States, the principal sum of TWO MILLION AND NO/100THS DOLLARS ($2,000,000.00) or so much of such sum as may be outstanding, with interest thereon as provided in this Note.

Pyxis Tankers Inc. – Amended and Restated Promissory Note (January 2nd, 2018)

Whereas, pursuant to the Agreement and Plan of Merger by and among Maker, Maritime Technologies Corp., LookSmart Ltd. and LookSmart Group, Inc., dated April 23, 2015, as amended on September 22, 2015, Payee elected to receive the 2015 Note in lieu of $1,875,000 in the form of Maker's shares and the 2015 Note then with a principal balance of $2,500,000 combined with and replaced the Original Note;

Rick's Cabaret International, Inc. – Consolidated, Amended and Restated Promissory Note (December 19th, 2017)

This Note shall initially bear interest at a fixed interest rate of 5.75% per annum through December 14, 2022 (the "Adjustment Date"), at which time the interest rate shall adjust to a fixed rate equal to the weekly average yield on U.S. Treasury Securities adjusted to a constant maturity for a term of five (5) years, as made available by the Federal Reserve Board (Federal Reserve Board Release H.15) as most recently published prior to the Adjustment Date (rounded upwards to the nearest 1/8 of 1%) plus 350 basis points, provided in no event shall the interest rate be less than 5.75% per annum. The interest rate as adjusted following the Adjustment Date shall be in effect for the remaining five (5) years of the term of this Note. Monthly payments of principal and interest in the amount of $442,058.35 (based on a 20-year amortization period) shall initially be due and payable under this Note, with the first payment due and payable on the 14th day of January, 2018, with like payments of p

Rick's Cabaret International, Inc. – Amended and Restated Promissory Note (December 19th, 2017)

This Note shall initially bear interest at a fixed interest rate of 5.45% per annum. Monthly payments of principal and interest in the amount of $78,097.76 shall be due and payable, with the first payment due and payable on the 30th day of January, 2018, with like payments of principal and interest due and payable on the 30th day of each month thereafter through and including July 30, 2020 (the "First Adjustment Date"), whereupon the rate shall adjust to a fixed interest rate of 5.75% per annum which shall be the rate until December 14, 2022 (the "Second Adjustment Date"), at which time the interest rate shall adjust to a fixed rate equal to the weekly average yield on U.S. Treasury Securities adjusted to a constant maturity for a term of five (5) years, as made available by the Federal Reserve Board (Federal Reserve Board Release H.15) as most recently published prior to the Adjustment Date (rounded upwards to the nearest 1/8 of 1%) plus 350 basis points, provided in no event shall th

Rick's Cabaret International, Inc. – Amended and Restated Promissory Note (December 19th, 2017)

This Note shall initially bear interest at a fixed interest rate of 5.95% per annum. Monthly payments of principal and interest in the amount of $100,062.00 shall be due and payable, with the first payment due and payable on the 30th day of January, 2018, with like payments of principal and interest due and payable on the 30th day of each month thereafter through and including August 30, 2021 (the "First Adjustment Date"), whereupon the rate shall adjust to a fixed interest rate of 5.75% per annum which shall be the rate until December 14, 2022 (the "Second Adjustment Date"), at which time the interest rate shall adjust to a fixed rate equal to the weekly average yield on U.S. Treasury Securities adjusted to a constant maturity for a term of five (5) years, as made available by the Federal Reserve Board (Federal Reserve Board Release H.15) as most recently published prior to the Adjustment Date (rounded upwards to the nearest 1/8 of 1%) plus 350 basis points, provided in no event shall

Ourpets – Amended and Restated Promissory Note (December 6th, 2017)

This Note is issued pursuant to and in connection with a certain Loan and Security Agreement executed on even date herewith by and among Borrower and Lender (as it may be amended, restated or otherwise modified from time to time, the "Loan Agreement"), to which reference is hereby made for a statement of the rights of Lender and the duties and obligations of Borrower in relation thereto, but neither this reference to the Loan Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of Borrower to pay the principal of and interest on this Note when due. In the Loan Agreement, this Note is referred to as the Revolving Note. Capitalized terms used herein and not defined shall have the meaning given to them in the Loan Agreement. The headings of paragraphs of the Loan Agreement and the titles of any and all documents executed in conjunction therewith, including this Note, are for the convenience of reference only, and are not to be considered as

Bfc Financial – Second Amended and Restated Promissory Note (October 4th, 2017)

This Promissory Note (this "Note") is executed pursuant to a Second Amended and Restated Loan Agreement (Inventory Facility) dated as of September 28, 2017 between Borrower and Holder (together with any and all amendments, supplements and restatements thereof, the "Loan Agreement") and evidences the Advances under a revolving inventory loan (the "Loan"). This Note also evidences Borrower's obligation to repay, with interest, all additional monies advanced or expended from time to time by Holder to or for the account of Borrower or otherwise added to the principal balance of this Note, as provided in the Loan Agreement, whether or not the principal amount shall thereby exceed the principal amount stated above.

Imperial Holdings – Emergent Capital, Inc. Amended and Restated Promissory Note (August 25th, 2017)

FOR VALUE RECEIVED, EMERGENT CAPITAL, INC., a Florida corporation (the Company), hereby unconditionally promises to pay to the order of PJC INVESTMENTS, LLC, a Texas limited liability company (the Payee), 1404 New Road, Waco, TX 76711, on or before the Maturity Date (a) the principal amount of Three Million Three Hundred Thousand and 00/100 Dollars ($3,300,000.00), or, if less, the aggregate principal amount of all Advances made hereunder (Principal), and to pay interest (Interest) on the unpaid Principal hereof at the rate of 15% per annum; provided, however, that while an Event of Default (as defined in Section 4 hereof) has occurred and is continuing, Interest shall be payable upon demand at the rate per annum of 17% (the Default Rate). Interest shall accrue from the date each Advance is made and shall be computed on the basis of a year of 360 days and actual days elapsed.

FOURTH AMENDED AND RESTATED PROMISSORY NOTE (Revolving Loan) (August 25th, 2017)

For value received, Borrowers promise to pay to the order of Lender on the Maturity Date (or such earlier date as prescribed by and in accordance with the Loan Agreement referenced below) at Corporate Banking Group, One South Main, Suite 300, Salt Lake City, Utah 84133, the sum of FORTY MILLION DOLLARS ($40,000,000.00) or such other principal balance as may be outstanding hereunder in lawful money of the United States with interest thereon calculated and payable as provided in this Fourth Amended and Restated Promissory Note (Revolving Loan) (this "Note") and in that certain Third Amended and Restated Loan Agreement dated August 21, 2017, by and among Borrowers, the other Loan Parties from time to time party thereto, and Lender, together with any exhibits, amendments, addenda, and modifications (as amended, supplemented, restated, amended and restated, or otherwise modified from time to time and together with any exhibits, schedules and addendums thereto, the "Loan Agreement").

Second Amended and Restated Promissory Note (August 14th, 2017)

WHEREAS, Maker (as defined below) previously executed that certain Promissory Note dated May 30, 2014 (the "Initial Note"), which Initial Note was amended and restated on December 31, 2015, in the principal amount of Eight Million Two Hundred Ninety-Six Thousand Seven Hundred Seventeen and 22/100 Dollars ($8,296,717.22) for the benefit of Lender (as defined below) (the "Amended and Restated Note");

Nexxus Lighting Inc – Amended and Restated Promissory Note (July 27th, 2017)

Revolution Lighting Technologies, Inc., a Delaware corporation (Maker), hereby promises to pay to the order of Aston Capital, LLC (Lender), its successors and assigns, in lawful money of the United States of America, the sum of NINE MILLION FIVE HUNDRED SIXTY FOUR THOUSAND NINE HUNDRED NINETY ONE DOLLARS AND SIXTY SIX CENTS ($9,564,991.66), together with accrued and unpaid interest thereon, at the rate or rates set forth below on April 1, 2019 (the Maturity Date).

Heavenstone Corp – First Amended and Restated Promissory Note (May 24th, 2017)
Heavenstone Corp – First Amended and Restated Promissory Note (May 24th, 2017)
Heavenstone Corp – First Amended and Restated Promissory Note (May 24th, 2017)
Mississippi Power Company Second Amended and Restated Promissory Note (May 3rd, 2017)

This Second Amended and Restated Promissory Note (this "Note") amends and restates in its entirety that certain amended and restated promissory note, dated December 22, 2015, issued by the Borrower to the Holder.

Mississippi Power Company Amended and Restated Promissory Note (May 3rd, 2017)

This Amended and Restated Promissory Note (this "Note") amends and restates in its entirety that certain promissory note, dated November 10, 2015, issued by the Borrower to the Hodler.

Mississippi Power Company Amended and Restated Promissory Note (May 3rd, 2017)

This Amended and Restated Promissory Note (this "Note") amends and restates in its entirety that certain promissory note, dated January 28, 2016, issued by the Borrower to the Holder.

Healthwarehouse.Com – Sixth Amendment to Amended and Restated Promissory Note (April 4th, 2017)

THIS SIXTH AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE (this "Amendment") is dated March 30, 2017, by and between HEALTHWAREHOUSE.COM, INC., a Delaware corporation, HWAREH.COM, INC., a Delaware corporation, and HOCKS.COM, INC., an Ohio corporation, jointly and severally (collectively, "Borrower"), and MELROSE CAPITAL ADVISORS, LLC, an Ohio limited liability company (together with its successors and assigns, "Lender").

ImmuCell Corporation – Amended and Restated Promissory Note ($2,560,000) Given by the Company in Favor of TD Bank N.A. Dated March 1, 2017. (March 30th, 2017)

An interest rate equal at all times to Two and One Quarter percent (2.25%) per annum in excess of the rate of interest per annum (rounded upwards, if necessary, to the nearest 1/100 of 1%) of the one (1) month LIBOR (as hereinafter defined). The Lender shall not be required to notify Borrower of adjustments in said interest rate.

Plymouth Industrial REIT Inc. – Amended and Restated Promissory Note (Ahac) (March 29th, 2017)

WHEREAS, AMERICAN HOME ASSURANCE COMPANY, a Texas corporation ("AHAC", and together with its successors and assigns, individually or collectively, as the context may require, "Holder"), having an address at c/o AIG Investments, 777 S. Figueroa Street, 16th Floor, Los Angeles, California 90017-5800, is the holder of the AHAC Prior Note (as defined below), evidencing obligations made by PLYMOUTH 8273 GREEN MEADOWS LLC, a Delaware limited liability company ("8273 Green Meadows Borrower"), PLYMOUTH 8288 GREEN MEADOWS LLC, a Delaware limited liability company ("8288 Green Meadows Borrower"), PLYMOUTH 7001 AMERICANA LLC, a Delaware limited liability company ("7001 Americana Borrower"), PLYMOUTH 3100 CREEKSIDE LLC, a Delaware limited liability company ("3100 Creekside Borrower"), PLYMOUTH SHELBY LLC, a Delaware limited liability company ("Shelby Borrower"), PLYMOUTH 3940 STERN LLC, a Delaware limited liability company ("3940 Stern Borrower"), PLYMOUTH 1875 HOLMES LLC, a Delaware limited liabi