Senior Secured Term Note Sample Contracts

Biohitech Global, Inc. – Senior Secured Term Note (February 6th, 2018)

This Note is being executed and delivered pursuant to that certain Note Purchase and Security Agreement, dated as of the date hereof, by the Borrowers and Holder (the "Agreement"). This Note is subject to, and qualified by, the terms and conditions of the Agreement, a copy of which may be examined during normal business hours at the Borrowers' offices. Holder is entitled to the benefits of the Agreement and all schedules and exhibits thereto, and reference is made thereto for a description of all rights and remedies thereunder. Neither reference to the Agreement, nor any provision thereof or security for the other obligations evidenced hereby, shall affect or impair the absolute and unconditional obligation of the Borrowers to pay the principal amount hereof, together with all interest accrued thereon and expenses owed hereunder, when due. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.

American Access Technologies – DATE OF ISSUANCE: March 23, 2017 AMERICAN ELECTRIC TECHNOLOGIES, INC., M&I ELECTRIC INDUSTRIES, INC. AND SOUTH COAST ELECTRIC SYSTEMS, LLC SENIOR SECURED TERM NOTE (March 27th, 2017)

This Senior Secured Term Note (the Note) is jointly issued by American Electric Technologies, Inc., a Florida corporation, M&I Electric Industries, Inc., a Texas corporation, and South Coast Electric Systems, LLC, a Delaware limited liability company (each a Borrower; collectively, the Borrowers), pursuant to that certain Note Purchase Agreement (the NPA) entered into concurrently herewith by and among the Borrowers and HD Special-Situations III, LP (the Lender). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the NPA.

Senior Secured Term Note (February 19th, 2016)

FOR VALUE RECEIVED, SOCIAL REALITY, INC., a Delaware corporation ("Social"), Steel Media, a California corporation ("Steel", together with Social and each other Person that becomes a Borrower under the Financing Agreement (as defined below), collectively, the "Borrowers") hereby promise to pay to VPC SBIC I, LP or its registered assigns (the "Holder") the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of October 30, 2014, by and among the Borrowers, the Guarantors from time to time party thereto, Social, as the Borrower Representative, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the "Agent"), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the "Financing Agreement"). The Borrowers hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any

Senior Secured Term Note (February 1st, 2016)

FOR VALUE RECEIVED, SOCIAL REALITY, INC., a Delaware corporation ("Social"), Steel Media, a California corporation ("Steel", together with Social and each other Person that becomes a Borrower under the Financing Agreement (as defined below), collectively, the "Borrowers") hereby promise to pay to VPC SBIC I, LP or its registered assigns (the "Holder") the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of October 30, 2014, by and among the Borrowers, the Guarantors from time to time party thereto, Social, as the Borrower Representative, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the "Agent"), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the "Financing Agreement"). The Borrowers hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any

Elevate Credit, Inc. – FINANCING AGREEMENT Dated as of July 1, 2015 by and Among Elastic SPV, Ltd., as the Borrower (The Borrower), THE GUARANTORS FROM TIME TO TIME PARTY HERETO, THE LENDERS PARTY HERETO and VICTORY PARK MANAGEMENT, LLC as Agent $50,000,000 SENIOR SECURED TERM NOTES (November 9th, 2015)

This FINANCING AGREEMENT (as modified, amended, extended, restated, amended and restated and/or supplemented from time to time, this Agreement), dated as of July 1, 2015 is being entered into by and among (a) Elastic SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the Borrower), (b) Elevate Credit, Inc., a Delaware corporation as a Guarantor (as defined herein) and the other Guarantors from time to time party hereto, (c) the lenders listed on the Schedule of Lenders attached hereto (each individually, a Lender and collectively, the Lenders) and (d) Victory Park Management, LLC, as administrative agent and collateral agent (the Agent) for the Lenders and the Holders (as defined herein).

Senior Secured Term Note (October 30th, 2015)

FOR VALUE RECEIVED, SOCIAL REALITY, INC., a Delaware corporation (Social), Steel Media, a California corporation (Steel, together with Social and each other Person that becomes a Borrower under the Financing Agreement (as defined below), collectively, the Borrowers) hereby promise to pay to VPC SBIC I, LP or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of October 30, 2014, by and among the Borrowers, the Guarantors from time to time party thereto, Social, as the Borrower Representative, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). The Borrowers hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any, on the Pr

Elevate Credit, Inc. – FINANCING AGREEMENT Dated as of July 1, 2015 by and Among Elastic SPV, Ltd., as the Borrower (The Borrower), THE GUARANTORS FROM TIME TO TIME PARTY HERETO, THE LENDERS PARTY HERETO and VICTORY PARK MANAGEMENT, LLC as Agent $50,000,000 SENIOR SECURED TERM NOTES (October 6th, 2015)

This FINANCING AGREEMENT (as modified, amended, extended, restated, amended and restated and/or supplemented from time to time, this Agreement), dated as of July 1, 2015 is being entered into by and among (a) Elastic SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the Borrower), (b) Elevate Credit, Inc., a Delaware corporation as a Guarantor (as defined herein) and the other Guarantors from time to time party hereto, (c) the lenders listed on the Schedule of Lenders attached hereto (each individually, a Lender and collectively, the Lenders) and (d) Victory Park Management, LLC, as administrative agent and collateral agent (the Agent) for the Lenders and the Holders (as defined herein).

Senior Secured Term Note (July 13th, 2015)

FOR VALUE RECEIVED, SOCIAL REALITY, INC., a Delaware corporation (Social), Steel Media, a California corporation (Steel, together with Social and each other Person that becomes a Borrower under the Financing Agreement (as defined below), collectively, the Borrowers) hereby promise to pay to VPC SBIC I, LP or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of October 30, 2014, by and among the Borrowers, the Guarantors from time to time party thereto, Social, as the Borrower Representative, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). The Borrowers hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any, on the Pr

Senior Secured Term Note (November 4th, 2014)

FOR VALUE RECEIVED, SOCIAL REALITY, INC., a Delaware corporation (Social, Social, together with each other Person that becomes a Borrower under the Financing Agreement (as defined below), collectively, the Borrowers) hereby promise to pay to VPC SBIC I, LP or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of October 30, 2014, by and among the Borrowers, the Guarantors from time to time party thereto, Social, as the Borrower Representative, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). The Borrowers hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner prov

Calpian Inc. – Date of Issuance: [ ], 2011 Calpian, Inc. 16% Senior Secured Term Note (May 4th, 2011)

This 16% Senior Secured Term Note (the Note) is issued by Calpian, Inc., a Texas corporation (the Company), pursuant to that certain Note Purchase Agreement (the Agreement) entered into concurrently herewith by and between the Company and HD Special-Situations II, LP. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.

Senior Secured Term Note (December 16th, 2010)

FOR VALUE RECEIVED, Wave2Wave Communications, Inc., a Delaware corporation ( Borrower) hereby promises to pay to the order of Victory Park Special Situations, L.P. or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of September 8, 2009, by and among the Borrower, RNK, Inc., Wave2Wave VOIP Communications, LLC, Wave2Wave Data Communications, LLC, Wave2Wave Communications Mid-West Region, LLC, RNK VA, LLC, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). Borrower hereby promises to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner provided for in the Financing Agreement. This Senior Secured Term Note

Senior Secured Term Note (December 16th, 2010)

FOR VALUE RECEIVED, Wave2Wave Communications, Inc., a Delaware corporation ( Borrower) hereby promises to pay to the order of Victory Park Credit Opportunities, L.P. or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of September 8, 2009, by and among the Borrower, RNK, Inc., Wave2Wave VOIP Communications, LLC, Wave2Wave Data Communications, LLC, Wave2Wave Communications Mid-West Region, LLC, RNK VA, LLC, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). Borrower hereby promises to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner provided for in the Financing Agreement. This Senior Secured Term Not

Senior Secured Term Note (February 8th, 2010)

FOR VALUE RECEIVED, Wave2Wave Communications, Inc., a Delaware corporation ( Borrower) hereby promises to pay to the order of Victory Park Credit Opportunities, L.P. or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of September 8, 2009, by and among the Borrower, RNK, Inc., Wave2Wave VOIP Communications, LLC, Wave2Wave Data Communications, LLC, Wave2Wave Communications Mid-West Region, LLC, RNK VA, LLC, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). Borrower hereby promises to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner provided for in the Financing Agreement. This Senior Secured Term Not

Senior Secured Term Note (February 8th, 2010)

FOR VALUE RECEIVED, Wave2Wave Communications, Inc., a Delaware corporation ( Borrower) hereby promises to pay to the order of Victory Park Special Situations, L.P. or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of September 8, 2009, by and among the Borrower, RNK, Inc., Wave2Wave VOIP Communications, LLC, Wave2Wave Data Communications, LLC, Wave2Wave Communications Mid-West Region, LLC, RNK VA, LLC, Victory Park Management, LLC, as administrative agent and collateral agent (in such capacity, the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). Borrower hereby promises to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner provided for in the Financing Agreement. This Senior Secured Term Note

Unigene Laboratories – Senior Secured Term Note (May 29th, 2009)

FOR VALUE RECEIVED, Unigene Laboratories, Inc. and each other Person which becomes a party hereto pursuant to the terms of the Financing Agreement (defined below) (collectively the Borrowers or individually a Borrower) hereby, jointly and severally, promises to pay to the order of or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of September 30, 2008, by and among the Borrowers, Victory Park Management, LLC, as administrative agent and collateral agent (the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). The Borrowers also hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner provided for in the Financing Agreement. This Senior Secur

Senior Secured Term Note (November 24th, 2008)

This Senior Secured Term Note (including all Senior Secured Term Notes issued in exchange, transfer or replacement hereof, this "Note") is secured by and pursuant to that certain (a) Amended and Restated Securities Purchase Agreement, dated as of July 10, 2008 (as amended, modified, supplemented or restated, the "Amended Securities Purchase Agreement"), by and among the Companies, the investors listed on the Schedule of Buyers attached thereto (the "Buyers") and Victory Park Management, LLC, as administrative agent and collateral agent (the "Agent"); (b) Pledge and Security Agreement, dated as of June 5, 2008, by and among the Companies, the Buyers and the Agent; and (c) the other Transaction Documents (as defined in the Amended Securities Purchase Agreement).

Unigene Laboratories – Senior Secured Term Note (October 6th, 2008)

FOR VALUE RECEIVED, Unigene Laboratories, Inc. and each other Person which becomes a party hereto pursuant to the terms of the Financing Agreement (defined below) (collectively the Borrowers or individually a Borrower) hereby, jointly and severally, promises to pay to the order of Victory Park Special Situations Master Fund, Ltd. or its registered assigns (the Holder) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of September 30, 2008, by and among the Borrowers, Victory Park Management, LLC, as administrative agent and collateral agent (the Agent), and the Lenders party thereto (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the Financing Agreement). The Borrowers also hereby, jointly and severally, promise to pay accrued and unpaid interest and premium, if any, on the Principal on the dates, rates and in the manner provided for in the Financing

DRI Corporation – Contract (August 14th, 2008)

The payment of and security for the principal amount of the indebtedness evidenced by this instrument and the interest accruing thereon is subordinated to other indebtedness pursuant to, and to the extent provided in, and is otherwise subject to the terms of, the Intercreditor Agreement, dated as of June 30, 2008, between BHC Interim Funding III L.P., as Junior Creditor, and PNC Bank, National Association, as Agent under the Revolving Credit and Security Agreement, as Senior Creditor, as the same may be amended, restated, supplemented or otherwise modified or extended or renewed from time to time.

Senior Secured Term Note (June 6th, 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, or

Pacific Cma – Contract (July 27th, 2007)

This Note is subject to the terms of a Subordination and Intercreditor Agreement (the "Intercreditor Agreement") dated as of July 17, 2007 by and among BHC Interim Funding II, L.P. ("BHC"), Wells Fargo Bank, National Association ("Wells Fargo"), acting through its Wells Fargo Business Credit operating division, the Borrower and the Guarantors, which Intercreditor Agreement is incorporated herein by reference. Notwithstanding any statement to the contrary in this Note, (i) no payment on account of principal, interest, fees or other amounts shall become due or be paid except in accordance with the terms of the Intercreditor Agreement, and (ii) any security interest, lien, pledge or encumbrance granted to BHC shall be subordinate to the security interest, lien, pledge or encumbrance granted to Wells Fargo and shall be enforceable only in accordance with the terms of the Intercreditor Agreement until such t

Anchor Glass Container Corp – ANCHOR GLASS CONTAINER CORPORATION as Debtor and Debtor-In-Possession $125,000,000 Senior Secured Term Notes Due 2006 as of September 15, 2005 TO EACH OF THE PURCHASERS LISTED ON SCHEDULE 1.01(A) (September 21st, 2005)

ANCHOR GLASS CONTAINER CORPORATION, as debtor and-debtor-in-possession, a Delaware corporation (the Issuer) agrees with each of the purchasers whose names appear on Schedule 1.01(A) (each a Purchaser and, collectively, the Purchasers) and Wells Fargo Bank, N.A., as collateral agent for the Purchasers (in such capacity, together with its successors in such capacity, the Collateral Agent), and Wells Fargo Bank N.A., as administrative agent for the Purchasers (in such capacity, together with its successors in such capacity, the Administrative Agent and, together with the Collateral Agent, each an Agent and collectively, the Agents) as follows:

Sequiam – Amended, Restated and Consolidated Senior Secured Term Note (May 24th, 2005)

FOR VALUE RECEIVED, SEQUIAM CORPORATION, a California corporation (the "Borrower"), hereby promises to pay to Lee Harrison Corbin, Attorney in-Fact for the Trust Under the Will of John Svenningsen, c/o Kurzman Eisenberg Corbin Lever & Goodman, LLP, One North Broadway, White Plains, New York 10601, Fax: 914 285-9855 (the "Holder") or its registered assigns or successors in interest, on order, the sum of Three Million Six Hundred and Fifty Thousand Dollars ($3,450,000), together with any accrued and unpaid interest hereon, on May 17, 2007 (the "Maturity Date") if not sooner paid. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Securities Purchase Agreement dated as of the date hereof between the Borrower and the Holder (the "Purchase Agreement").