Form Of Term Note Sample Contracts

Form of Term Note (May 1st, 2015)

ELECTRONIC CIGARETTES INTERNATIONAL GROUP, LTD., a Nevada corporation ("Borrower"), for value received, hereby unconditionally promises to pay to ____________________ or its registered assigns ("Lender"), the principal sum of [*] MILLION DOLLARS ($[*].00) of Term Loans under the Credit Agreement described below, together with all accrued and unpaid interest thereon at the time and manner specified therein. Terms are used herein as defined in the Credit Agreement, dated as of April 27, 2015 (as amended, supplemented, replaced or otherwise modified from time to time, the "Credit Agreement"), by and among the Borrower and Lender.

Calpian Inc. – Form of Term Note (April 8th, 2013)

FOR VALUE RECEIVED, the undersigned Calpian, Inc., a Texas corporation ("Borrower") promises to pay to the order of [Lender], an individual ("Lender"), at [Address], on the Term Loan Maturity Date, the principal sum of [Principal Amount] Dollars ($[Principal Amount]) or, if less, the aggregate unpaid principal amount of the Term Loan made by Lender pursuant to Section 2.1 of that certain Loan and Security Agreement, dated as of November 9, 2012 (as mended, restated or otherwise modified from time to time, the "Loan Agreement"), among Borrower, Granite Hill Capital Ventures, LLC, a Delaware limited liability company ("Granite Hill") and each of the other financial institutions which are now or hereafter become a party thereto (collectively, together with Granite Hill and Lender, the "Lenders"), and Granite Hill, as agent for the Lenders (in such capacity, "Agent"). Agent is hereby authorized to record the amount of the Term Loan made under this Term Note, and the information so record

Form of Term Note (Qualified Foreign Currency) (August 2nd, 2012)

Reference is made to the Unsecured Term Credit Agreement dated as of March 30, 2012 among Borrower, Administrative Agent and the Banks, as amended by that certain First Amendment to Unsecured Term Credit Agreement dated as of August 2, 2012 (as it may have been or may hereafter be amended, amended and restated, modified, supplemented or renewed from time to time, the Credit Agreement). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings ascribed to those terms in the Credit Agreement. This is one of the Term Notes referred to in the Credit Agreement, and any holder hereof is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified.

Form of Term Note (April 5th, 2012)

FOR VALUE RECEIVED, BIOMED REALTY, L.P., a Maryland limited partnership (Borrower), promises to pay to the order of (Bank) the principal amount of AND NO/100 DOLLARS ($ ), or such lesser aggregate amount of Advances as may be made and outstanding pursuant to Banks Commitment under the Credit Agreement hereinafter described, payable as hereinafter set forth. Borrower promises to pay interest on the principal amount hereof remaining unpaid from time to time from the date hereof until the date of payment in full, payable as hereinafter set forth.

EasyLink Services International Corporation – Date Amount and Type of Loan Payments of Principal Unpaid Principal Balance of Note Name of Person Making Notation (October 22nd, 2010)
Form of Term Note (August 17th, 2010)

FOR VALUE RECEIVED, the undersigned (the Borrower), hereby promises to pay to or registered assigns (the Lender), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of the Term [A][B] Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of [ ], 2010 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Agreement; the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.

Exhibit B Form of Term Note (May 5th, 2010)

FOR VALUE RECEIVED, the undersigned, Matthews International Corporation, a Pennsylvania corporation (the "Borrower"), hereby promises to pay to the order of _________________________ ("BANK"), as provided for in the Loan Agreement (as defined below), the original principal amount of [___________________ and __/100 Dollars ($_____________)], together with interest on the unpaid principal amount of this Term Note (this "Term Note") at the rate or rates per annum determined pursuant to Article II of, or as otherwise provided in, that certain Loan Agreement, by and among the Borrower, BANK and other financial institutions listed on the signature pages thereof (BANK and such other financial institutions are each, a "Bank" and collectively, the "Banks"), and Citizens Bank of Pennsylvania, a Pennsylvania banking institution, as agent for the Banks (in such capacity, the "Agent"), dated December 3, 2001, as amended by that certain First Amendment to Loan Agreement, dated __________, 2004, by

LGL Group, Inc. – Form of Term Note (August 25th, 2009)

This Term Note is executed pursuant to that certain Amended & Restated Loan Agreement, of even date herewith, between Borrowers and Bank (the Loan Agreement). All capitalized terms not otherwise defined in this Term Note shall have the meanings provided in the Loan Agreement.

EasyLink Services International Corporation – Form of Term Note (May 21st, 2009)

FOR VALUE RECEIVED, the undersigned, EASYLINK SERVICES INTERNATIONAL CORPORATION, a Delaware corporation (the Borrower), hereby promises to pay to [NAME OF LENDER] (the Lender) or its registered assigns, at the office of , (i) on the Maturity Date (as defined in the Revolving Credit and Term Loan Agreement dated as of May 19, 2009, as the same may be amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), among the Borrower, the lenders from time to time party thereto and SunTrust, as administrative agent for the lenders, the aggregate unpaid principal amount of the Term Loan made by the Lender to the Borrower pursuant to the Credit Agreement, and (ii) on each date specified in the Credit Agreement prior to the Maturity Date, the principal amount of the Term Loan made to the Borrower by the Lender pursuant to the Credit Agreement and payable to the Lender on such date as specified therein, in each case in l

Clinical Data, Inc. – Form of Term Note (October 31st, 2008)

For Value Received, the undersigned Avalon Pharmaceuticals, Inc., a Delaware corporation (the Seller) promises to pay to the order of Clinical Data, Inc. (the Buyer), or its assigns, in lawful money of the United States of America and in immediately available funds, the principal sum of Three Million Dollars ($3,000,000), together with interest thereon as set out herein, at its offices or such other place as Buyer may designate in writing or wire transfer as set forth in Section 3.2 below.

Avalon Pharmaceuticals, Inc. – Form of Term Note (October 30th, 2008)

For Value Received, the undersigned Avalon Pharmaceuticals, Inc., a Delaware corporation (the Seller) promises to pay to the order of Clinical Data, Inc. (the Buyer), or its assigns, in lawful money of the United States of America and in immediately available funds, the principal sum of Three Million Dollars ($3,000,000), together with interest thereon as set out herein, at its offices or such other place as Buyer may designate in writing or wire transfer as set forth in Section 3.2 below.

Form of Term Note (May 22nd, 2008)

FOR VALUE RECEIVED, each of Merge Healthcare Incorporated, a Wisconsin corporation (Parent), Cedara Software (USA) Limited, a Delaware corporation, Merge eMed, Inc., a Delaware corporation, Cedara Software Corp., an Ontario corporation, Cedara Software Limited, an Ontario corporation, Merge Technologies Holdings Co., a Nova Scotia unlimited company, eFilm Medical, Inc., an Ontario corporation, Merge Cedara ExchangeCo. Limited, an Ontario corporation, each as subsidiaries of Parent (each, including Parent, an Issuer and together, including Parent, the Issuers), and each Person (as defined below) other than the Issuers which are parties hereto or which becomes a party hereto pursuant to the joinder provisions of Section 24 hereof (hereinafter each of the Issuers and such other Persons are collectively referred to as the Companies or individually referred to as a Company) hereby, jointly and severely, promises to pay to the order of Merrick RIS, LLC, a Delaware limited liability company,

Form of Term Note (September 14th, 2007)

This Note is one of the Notes referred to in the Credit Agreement dated as of September 14, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), by and among the Borrower, the financial institutions party thereto and their assignees under Section 11.5. thereof (the Lenders), the Agent, and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

[Form Of] TERM NOTE (June 28th, 2007)

This Note is one of the Notes referred to in the Credit Agreement dated as of May [ ], 2007 (as amended, amended and restated, supplemented or otherwise modified from time to time, the Credit Agreement), among BearingPoint, Inc., a Delaware corporation (Parent), BearingPoint, LLC a Delaware limited liability company (BE LLC and, together with Parent, the Borrowers), the Guarantors, the Lenders, UBS SECURITIES LLC, as lead arranger, documentation agent and syndication agent, WELLS FARGO FOOTHILL, LLC and UBS AG, STAMFORD BRANCH, each as an issuing bank, and UBS AG, STAMFORD BRANCH, as administrative agent for the Lenders and collateral agent for the Secured Parties and Issuing Banks is subject to the provisions thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. Terms used herein which are defined in the Credit Agreement shall have such defined meanings unless otherwise defined herein or unless the context otherwise requires.

Form of Term Note (November 28th, 2006)

This Note is one of the Notes referred to in the Credit Agreement dated as of November 21, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), by and among the Borrower, the financial institutions party thereto and their assignees under Section 13.5. thereof (the Lenders), the Agent, and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

Net Perceptions – Form of Term Note (October 10th, 2006)

FOR VALUE RECEIVED, the undersigned, SIG ACQUISITION CORP., a Delaware corporation ("Borrower") promises to pay to the order of [_________] ("Lender") at the main office of LaSalle Bank National Association, as Administrative Agent, as hereinafter defined, at 135 South LaSalle Street, Chicago, Illinois 60603, the principal sum of

FORM OF TERM NOTE MD BEAUTY, INC. [**Issuance Date**] (June 30th, 2006)

Company also promises to pay interest on the unpaid principal amount hereof, until paid in full, at the rates and at the times which shall be determined in accordance with the provisions of that certain Credit Agreement dated as of February 18, 2005, by and among Company, STB Beauty, Inc., a Delaware corporation, the financial institutions from time to time party thereto as Lenders, and BNP Paribas, as Administrative Agent (said Credit Agreement, as it may be amended, supplemented or otherwise modified from time to time, being the Credit Agreement; the terms defined therein and not otherwise defined herein being used herein as therein defined).

Form of Term Note Md Beauty, Inc. (June 30th, 2006)

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIEN AND SECURITY INTEREST GRANTED TO THE ADMINISTRATIVE AGENT PURSUANT TO THIS NOTE AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE ADMINISTRATIVE AGENT HEREUNDER ARE SUBJECT TO THE PROVISIONS OF THE INTERCREDITOR AGREEMENT, DATED AS OF FEBRUARY 18, 2005 (AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE INTERCREDITOR AGREEMENT), BY AND AMONG BNP PARIBAS, AS FIRST LIEN ADMINISTRATIVE AGENT, AND BNP PARIBAS, AS SECOND LIEN ADMINISTRATIVE AGENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE INTERCREDITOR AGREEMENT AND THIS NOTE, THE TERMS OF THE INTERCREDITOR AGREEMENT SHALL GOVERN AND CONTROL.

Sirenza Microdevices, Inc. – Form of Term Note Promissory Note (April 6th, 2006)

FOR VALUE RECEIVED, Sirenza Microdevices, Inc., a Delaware corporation, (together with its successors and assigns, Company), hereby promises to pay to the order of ____________ (together with [his][her] successors and assigns, Lender), in lawful money of the United States of America, the principal amount of Three Million Dollars ($3,000,000.00) and to pay interest on the unpaid principal amount hereof, all as provided in this Promissory Note. This Promissory Note is issued in connection with the Agreement and Plan of Merger, dated as of February 4, 2006, by and among Company, Penguin Acquisition Corporation, Premier Devices, Inc., Phillip Chuanze Liao, and Yeechin Shiong Liao (the Merger Agreement) and the transactions contemplated therein. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement.

Contract (June 3rd, 2005)

EXHIBIT 10.5 FORM OF TERM NOTE $_________________ May 31, 2005 FOR VALUE RECEIVED, BIOMED REALTY, L.P., a Maryland limited partnership ("Borrower"), promises to pay to the order of ___________________________________ ("Bank") the principal amount of _________________________________ AND NO/100 DOLLARS ($___________), or such lesser aggregate amount of Advances as may be made and outstanding pursuant to Bank's Term Commitment under the Credit Agreement hereinafter described, payable as hereinafter set forth. Borrower promises to pay interest on the principal amount hereof remaining unpaid from time to time from the date hereof until the date of payment in full, payable as hereinafter set forth. Reference is made to the Unsecured Credit Agreement dated as of May 31, 2005 among Borrower, Administrative Agent and the Banks (as it may have been or may hereafter be amended, amended and restate

SunLink Health Systems, Inc. – Form of Term Note B (October 21st, 2004)

This note is one of the Term Note(s) B referred to in the Credit Agreement dated as of October [ ], 2004 (as the same may hereafter be from time to time amended, restated or otherwise modified, the Credit Agreement) between the undersigned and the Lender. This note is secured, it is subject to certain mandatory prepayments and its maturity is subject to acceleration, in each case upon the terms provided in said Credit Agreement.

Prospect Medical Holdings, Incorporated – Form of Term Note (October 21st, 2004)

This Term Note is issued pursuant to that certain Loan and Security Agreement dated as of September 27, 2004 by and among Borrowers, the other Persons named therein as Credit Parties and Lender (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified from time to time, the "Loan Agreement"), and is entitled to the benefit and security of the Loan Agreement and all of the other Loan Documents referred to therein. Reference is hereby made to the Loan Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The principal balance of the Term Loan, the rates of interest applicable thereto and the date and amount of each payment made on account of the principal thereof, shall be recorded by Lender on its books; provided that the failure of Lender to make any such recordation shall not affect the obligations of Borrowers to make a payment when

Sync Research – Form of Term Note (October 8th, 2004)

FOR VALUE RECEIVED, the undersigned, ENTRADA NETWORKS, INC., a Delaware corporation (the "Borrower"), HEREBY UNCONDITIONALLY PROMISES TO PAY to the order of HONG KONG LEAGUE CENTRAL CREDIT UNION (the "Lender"), without offset or counterclaim, the principal sum of Seven Hundred and Fifty Thousand U.S. Dollars (U.S.$750,000) on or before March 31, 2005. The Borrower further promises to pay interest on the Term Loan outstanding hereunder from time to time at the interest rates, and payable on the dates, set forth in the Credit Agreement referred to below. This Term Note may be prepaid at any time prior to the Maturity Date without premium or penalty.

Citizens, Inc. – Contract (October 6th, 2004)

EXHIBIT 10.11(d) FORM OF TERM NOTE $30,000,000.00 October 1, 2004 FOR VALUE RECEIVED, the undersigned, CITIZENS, INC., a Colorado corporation ("Maker"), hereby unconditionally promises to pay to the order of REGIONS BANK, an Alabama banking association ("Bank"), at the Principal Office specified in the hereinafter defined Loan Agreement, the principal amount of THIRTY MILLION AND NO/100 DOLLARS ($30,000,000.00) or so much thereof as may be disbursed and outstanding hereunder, under the Loan Agreement or under the other Loan Documents, such amount being due and payable in the amounts and at such times as are specified in the Loan Agreement. Maker further agrees to pay interest at the Principal Office of Bank on the unpaid principal amount hereof from time to time at the applicable rate per annum and on the dates set forth in the Loan Agreement until such principal amount is paid in full (bo

Form of Term Note (August 10th, 2004)

Reference is made to the Credit Agreement dated as of June 10, 2004, by and among the undersigned, as Borrower, the Lenders which are parties thereto from time to time and , as Administrative Agent (Administrative Agent) (as amended, extended, renewed, supplemented or otherwise modified from time to time, the Credit Agreement). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings given those terms in the Credit Agreement. This is one of the Term Notes referred to in the Credit Agreement, and any holder hereof is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified.