Promissory Notes Sample Contracts

PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED PURSUANT TO a REQUEST FOR CONFIDENTIAL TREATMENT BY NELNET, INC. UNDER RULES AND REGULATIONS PROMULGATED BY THE SECURITIES AND EXCHANGE COMMISSION. THE REDACTED PORTIONS ARE MARKED WITH [*****] AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION ALONG WITH SUCH REQUEST FOR CONFIDENTIAL TREATMENT. Enable Participant to Make Credit Decisions With Respect to Consumer Loans. Lender Shall Make Such Transfer and Shall Keep Its Interest in the Consumer Loans Free and Clear of All Security Interests, Liens or Encumbrances of Any Nature (May 8th, 2018)
Megawest Energy Kansas Corporation Modification of Promissory Notes (January 5th, 2018)

THIS MODIFICATION OF PROMISSORY NOTES (this "Modification") made as of the 29th day of December, 2017, by MEGAWEST ENERGY KANSAS CORPORATION, a Delaware corporation with an address of 45 Main Street, Brooklyn, NY 11201 ("Megawest").

AMENDMENT NO. 1 to PROMISSORY NOTES of ATRM HOLDINGS, INC. (F/K/A AETRIUM INCORPORATED) (November 15th, 2016)

THIS AMENDMENT NO. 1 to each of the Notes, dated as of August 12, 2016 (this "Amendment"), is made by and among ATRM Holdings, Inc. (f/k/a Aetrium Incorporated), a Minnesota corporation (the "Debtor"), and Lone Star Value Co-Invest I, LP, a Delaware limited partnership (the "Holder").

Pacific Office Properties Trust Inc. – Third Amendment to Subordinated Promissory Notes (October 6th, 2016)

THIS THIRD AMENDMENT TO SUBORDINATED PROMISSORY NOTES (this "Third Amendment") is made and entered into as of September 30, 2016, by and among the undersigned holders (the "Holders") of certain subordinated promissory notes issued by Pacific Office Properties, L.P., a Delaware limited partnership (the "Maker"), and the Maker.

Corning Natural Gas Holding Corp – (For Actual Balance Promissory Notes) (September 7th, 2016)

DEFINITIONS. The above-referenced Promissory Note is referred to herein as the "Note". As used in the Note and this Rider, each capitalized term shall have the meaning specified in the Note, and the following terms shall have the indicated meanings:

SANUWAVE Health, Inc. – Second Amendment to Promissory Notes (August 15th, 2016)

This SECOND AMENDMENT TO PROMISSORY NOTES (the "Amendment") is entered into as of June 28, 2016 by and among SANUWAVE, INC., a Delaware corporation (the "Borrower"), SANUWAVE HEALTH, INC., a Nevada corporation (the "Parent"), SANUWAVE SERVICES, LLC ("SANUWAVE Services"), and HEALTHTRONICS, INC., a Georgia corporation ("Healthtronics").

York Entertainment – AMENDMENT TO PROMISSORY NOTES Dated as of July 20, 2016 (July 26th, 2016)

This Amendment to Promissory Notes (this "Amendment") is executed and delivered as of the date first set forth above, (the "Effective Date"), by and between Carolco Pictures, Inc. (the "Company"), and Alexander Bafer (the "Bafer").

Bridgeline Digital, Inc. Amendment #2 to Promissory Notes (May 23rd, 2016)

THIS AMENDMENT #2 TO PROMISSORY NOTES (this "Amendment") is made as of May 17, 2016, by and among Bridgeline Digital, Inc., a Delaware Corporation (the "Company") and Robert Taglich ("Taglich").

Bridgeline Digital, Inc. Amendment #2 to Promissory Notes (May 23rd, 2016)

THIS AMENDMENT #2 TO PROMISSORY NOTES (this "Amendment") is made as of May 17, 2016, by and among Bridgeline Digital, Inc., a Delaware Corporation (the "Company") and Michael Taglich ("Taglich").

ARTICLE I DEFINITIONS 1 1.1 Definitions. 1 1.2 Rules of Interpretation. 14 ARTICLE II THE FACILITY 14 2.1 the Facility. 14 2.1.1 Loans. 14 2.1.2 Interest Provisions Applicable to All Loans. 15 2.1.3 Conversion of Loans. 16 2.1.4 Loan Principal Payment. 17 2.1.5 Promissory Notes. 17 2.1.6 Optional Prepayments. 17 2.2 [Reserved] 18 2.3 [Reserved] 18 2.4 Fees. 18 2.5 Other Payment Terms. 18 2.5.1 Place and Manner. 18 2.5.2 Date. 18 2.5.3 Late Payments. 18 2.5.4 Net of Taxes, Etc. 19 2.5.5 Application of Payments. 21 2.5.6 Failure to Pay Administrative Agent. 21 2.5.7 Withholding Exemption Certifi (March 14th, 2016)

CREDIT AGREEMENT (this "Agreement") dated as of March 14, 2016 among: TECO ENERGY, INC.; TECO FINANCE, INC.; the LENDERS party hereto; and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

Corning Natural Gas Holding Corp – (For Actual Balance Promissory Notes) (February 2nd, 2016)

DEFINITIONS. The above-referenced Promissory Note is referred to herein as the "Note". As used in the Note and this Rider, each capitalized term shall have the meaning specified in the Note, and the following terms shall have the indicated meanings:

Corning Natural Gas Holding Corp – (For Actual Balance Promissory Notes) (February 2nd, 2016)

DEFINITIONS. The above-referenced Promissory Note is referred to herein as the "Note". As used in the Note and this Rider, each capitalized term shall have the meaning specified in the Note, and the following terms shall have the indicated meanings:

Amendment #1 to Promissory Notes (December 24th, 2015)

THIS AMENDMENT #1 TO PROMISSORY NOTES (this "Amendment") is made as of December 23, 2015, by and among Bridgeline Digital, Inc., a Delaware Corporation (the "Company") and Michael Taglich ("Taglich").

Bridgeline Digital, Inc. Amendment #1 to Promissory Notes (December 24th, 2015)

THIS AMENDMENT #1 TO PROMISSORY NOTES (this "Amendment") is made as of December 23, 2015, by and among Bridgeline Digital, Inc., a Delaware Corporation (the "Company") and Robert Taglich ("Taglich").

American Boarding Co – Amendment to Promissory Notes (December 22nd, 2015)

WHEREAS, American Boarding Company, a Delaware corporation, ("Maker") has issued certain Promissory Notes to Reza Noorkayhani in the principal amounts, and on the dates, set forth below (collectively, the "Notes"):

Quantumsphere, Inc. – A Nevada Corporation Promissory Notes With Detachable Common Stock Purchase Warrants Subscription Booklet (September 21st, 2015)

THIS NOTE PURCHASE AGREEMENT (this "Agreement") is made and entered into as of the date set forth on the signature page hereto by and between QuantumSphere, Inc., a Nevada corporation (the "Company"), and the investor whose name appears on the signature page hereto (the "Investor").

Promissory Note (September 10th, 2015)

The substantive differences between the two Promissory Notes with the form filed as Exhibit 10.47 are set forth in this Exhibit. Each Promissory Note contains the following information and are both executed by the Company's CEO, Charles Allen:

Attitude Drinks Inc. – Form of Promissory Notes Additional Investment Right (August 18th, 2015)

THIS ADDITIONAL INVESTMENT RIGHT (the "AIR") certifies that, for value received, [RC](the "HOLDER"), may voluntarily purchase, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the "INITIAL EXERCISE DATE") and on or prior to the close of business twenty four (24) months after the date hereof ("EXPIRATION DATE") with respect to up to $[RC] of Stated Value of Series C Convertible Preferred Stock ("AIR PREFERRED STOCK") and corresponding amount of Warrants ("AIR WARRANTS"). One AIR Warrants to purchase Common Stock will be issued for each share of Common Stock that would be issued on the exercise date of the AIR assuming the complete conversion of the AIR Preferred Stock on such date at the Conversion Price of the AIR Preferred Stock then in effect. The AIR Preferred Stock and AIR Warrants will be identical to the Preferred Stock and Warrants issued pursuant to the Exchange Agreement except that all

Eventure Interactive, Inc. – Contract (July 1st, 2015)

THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT"), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT WITH A REGISTERED BROKER-DEALER OR OTHER LOAN WITH A FINANCIAL INSTITUTION THAT IS AN "ACCREDITED INVESTOR" AS DEFINED IN RULE 501(a) UNDER THE SECURITIES ACT OR OTHER LOAN SECURED BY SUCH SECURITIES.

CREDIT AGREEMENT Dated as of June 29, 2015 Among KEURIG GREEN MOUNTAIN, INC. And CERTAIN SUBSIDIARIES, as Borrowers, CERTAIN SUBSIDIARIES IDENTIFIED HEREIN, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, U.S. Swing Line Lender and U.S. L/C Issuer, the Other Lenders Party Hereto, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A. RABOBANK NEDERLAND, NEW YORK BRANCH, HSBC BANK USA, N.A., HSBC BANK CANADA, And (July 1st, 2015)

This CREDIT AGREEMENT (the Agreement) is entered into as of June 29, 2015, among Keurig Green Mountain, Inc., a Delaware corporation (the Company), certain Subsidiaries of the Company party hereto pursuant to Section 2.17 (each, a Designated Borrower and, together with the Company, the Borrowers and each, a Borrower), the Lenders (defined herein), the Guarantors (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, U.S. Swing Line Lender and U.S. L/C Issuer.

SANUWAVE Health, Inc. – Amendment to Promissory Notes (June 18th, 2015)

This AMENDMENT TO PROMISSORY NOTES (the "Amendment") is entered into as of June 15, 2015 by and between SANUWAVE, INC., a Delaware corporation (the "Borrower"), SANUWAVE HEALTH, INC., a Nevada corporation (the "Parent"), and HEALTHTRONICS, INC., a Georgia corporation ("Healthtronics").

Pacific Office Properties Trust Inc. – Amendment to Subordinated Promissory Notes (March 13th, 2015)

THIS AMENDMENT TO SUBORDINATED PROMISSORY NOTES (this "Amendment") is made and entered into as of March 10, 2015, by and among the undersigned holders (the "Holders") of certain subordinated promissory notes issued by Pacific Office Properties, L.P., a Delaware limited partnership (the "Maker"), and the Maker.

BOSTON OMAHA Corp – Agreement Regarding Outstanding Promissory Notes (February 19th, 2015)

THIS AGREEMENT REGARDING OUTSTANDING PROMISSORY NOTES (the "Agreement") is made effective as of the 12th day of February 2015 by and among REO Plus, Inc., a Texas corporation ("REO"), Richard J. Church ("Church"), and Ananda Holding, LLC, a Texas limited liability company ("AHLLC").

Capstone Financial Group – Agreement to Reform Promissory Notes Due to Scrivener's Error (February 18th, 2015)
Cytodyn Inc – Warrant to Purchase Shares of Common Stock as Herein Described February 6, 2015 WARRANT TO PURCHASE COMMON STOCK OF CYTODYN INC. (February 11th, 2015)

This is to certify that, for value received, ALPHA VENTURE CAPITAL PARTNERS, L.P., or a proper assignee (the Holder), is entitled to purchase up to a total of 75,000 shares (Warrant Shares) of common stock, no par value per share (the Common Stock), of CytoDyn Inc., a Colorado corporation (the Company), subject to the provisions of this Warrant Number A-2, from the Company. This Warrant shall be exercisable at Fifty Cents ($0.50) per share (the Exercise Price). This Warrant also is subject to the following terms and conditions:

Cytodyn Inc – Cytodyn Inc. Subscription and Investor Rights Agreement for Convertible Promissory Notes and Warrants (February 11th, 2015)
Gilla Inc – To the Secured Promissory Notes (November 18th, 2014)

THIS AMENDMENT (this "Amendment") is entered into on this 10th day of November, 2014 (the "Effective Date") by and between Gilla Inc. ("Gilla" or the "Company"), and Gravitas Financial Inc. ("Gravitas") to amend the terms of the CAD$500K Secured Promissory Note (the "Secured CDN Note"), dated February 13, 2014, and the US$100K Secured Promissory Note (the "Secured USD Note"), dated July 15, 2014, (collectively, the "Secured Promissory Notes").

American Realty Capital Hospitality Trust, Inc. – First Amendment to Promissory Notes (November 14th, 2014)

THIS FIRST AMENDMENT TO PROMISSORY NOTES (this "Amendment"), is made as of the 25th day of August 2014, by and between American Realty Capital Hospitality Operating Partnership, L.P., a Delaware limited partnership ("Maker"), and Barcelo Crestline Corporation, a Maryland corporation ("BCC").

Numbeer Inc – Agreement to Convert Certain Promissory Notes (September 11th, 2014)

This Agreement (the "Agreement") dated as of [____], by and among Good Earth Energy Conservation, Inc. ("Good Earth"), eFleets Corp. (the "Company") and [_____] (the "Holder").

Numbeer Inc – Agreement to Convert Certain Promissory Notes (September 5th, 2014)

This Agreement (the "Agreement") dated as of [______] __, 2014, by and among Good Earth Energy Conservation, Inc. ("Good Earth"), eFleets Corp. (the "Company") and [______] (the "Holder").

Numbeer Inc – Agreement to Convert Certain Promissory Notes (September 4th, 2014)

This Agreement (the "Agreement") dated as of [______] __, 2014, by and among Good Earth Energy Conservation, Inc. ("Good Earth"), eFleets Corp. (the "Company") and [______] (the "Holder").

Lightning Gaming, Inc. – AMENDMENT TO OMNIBUS ALLONGE to PROMISSORY NOTES (July 30th, 2014)

This AMENDMENT TO OMNIBUS ALLONGE TO PROMISSORY NOTES, dated as of July 29, 2014 (this "Amendment"), is made and entered into by and between Lightning Gaming, Inc., a Nevada corporation, and Lightning Poker, Inc., a Pennsylvania corporation and the successor to PokerMatic, Inc., a Pennsylvania corporation, and Stewart J. Greenebaum, LLC, a Maryland limited liability company, and is attached to and made a part of each of the Notes (as defined below). All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Notes.

Lightning Gaming, Inc. – Second Amendment to OMNIBUS ALLONGE to PROMISSORY NOTES (July 30th, 2014)

This SECOND AMENDMENT TO OMNIBUS ALLONGE TO PROMISSORY NOTES, dated as of July 29, 2014 (this "Second Amendment"), is made and entered into by and between Lightning Gaming, Inc., a Nevada corporation, and Lightning Poker, Inc., a Pennsylvania corporation and the successor to PokerMatic, Inc., a Pennsylvania corporation, and The Co-Investment Fund, II, L.P., a Pennsylvania limited partnership, and is attached to and made a part of each of the Notes (as defined below). All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Notes.

Sonora Resources Corp. – Settlement and Release (July 23rd, 2014)

FINDER PLATA S.A. DE C.V., a company existing under the laws of Mexico having an address of Privada Orquideas No. 23, Los Geranios, Guadalupe, Zacatecas, Mexico Postal Code 98600

Sonora Resources Corp. – A. Conforme a Diversos Pagares Con Intereses De Fecha 19 De Febrero De 2013, 15 De Marzo De 2013 Y 5 De Febrero De 2014 (Los "Pagares"), Sonora Resources Corp. ("Sonora") Adeuda a First Majestic Silver Corp. ("FMSC") La Cantidad Total Principal De US$300,000 (Dicha Cantidad Junto Con Cualquier Interes Correspondiente O Cualquier Otra Cantidad Adeudada Por Sonora a FMSC, Sera Denominada Como El "Adeudo"). B. Sonora a Traves De Su Subsidiaria, Finder Plata, S.A. De C.V. ("Finder") Es Propietaria De Las Concesiones Mineras Denominadas Como Los Amoles, Segun Se Describen a Detalle en El Anexo 1 De (July 23rd, 2014)

I - Lote minero denominado "Los Amoles 2", titulo numero 236113, inscrito en el Registro Publico de Mineria en el Libro de Concesiones Mineras, Volumen 382 y bajo el Acta numero 13 a fojas 7; y