Term Note Sample Contracts

EXHIBIT 4.20 AMENDED AND RESTATED TERM NOTE ------------------------------
Term Note • April 1st, 2005 • Crdentia Corp • Services-employment agencies

This Amended and Restated Term Note (this "Note") is delivered pursuant to that certain Loan and Security Agreement - Term Loan, dated as of August 31, 2004 as it may be amended from time to time, together with all exhibits thereto, between Lender and the Borrowers (the "Loan Agreement"). All terms which are capitalized and used herein (which are not otherwise defined herein) shall have the meaning ascribed to such term in the Loan Agreement. This Note is secured by the personal property described in and pursuant to the Loan Agreement and various Loan Documents referred to therein, and reference is made thereto for a statement of terms and provisions of such Collateral security, a description of Collateral and the rights of Lender in respect thereof.

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TERM NOTE
Term Note • November 24th, 2004 • Chase Corp • Electric lighting & wiring equipment • Massachusetts
TERM NOTE
Term Note • January 8th, 2024 • JP Outfitters, Inc. • Retail-apparel & accessory stores • Ohio
TERM NOTE B
Term Note • November 19th, 2003 • Opticare Health Systems Inc • Services-specialty outpatient facilities, nec • New York
TERM NOTE
Term Note • January 11th, 2010 • Energy Inc. • Natural gas distribution

FOR VALUE RECEIVED, NORTHEAST OHIO NATURAL GAS CORP., an Ohio corporation (“Borrower”), hereby promises to pay to the order of CITIZENS BANK, an Ohio banking corporation (“Bank”), which term shall include any holder hereof, the principal sum of Seven Million Seven Hundred Eighty Thousand Twelve and no/100 Dollars ($7,780,012.00), or so much thereof as may be advanced by Bank pursuant to the terms of the Credit Agreement of even date herewith, by and between Borrower and Bank, as the same may from time to time be amended, modified, revised, supplemented, substituted, renewed, extended or restated (the “Credit Agreement”), together with interest on and from the date of advance, at the interest rate and in the manner as described below.

TERM NOTE
Term Note • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

TERM NOTE
Term Note • August 16th, 1999 • Safeguard Scientifics Inc Et Al • Wholesale-computers & peripheral equipment & software
TERM NOTE --------- ("Note")
Term Note • April 14th, 2000 • Unified Financial Services Inc • Services-management consulting services
SECOND AMENDED AND RESTATED TERM NOTE
Term Note • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").

TERM NOTE
Term Note • October 26th, 2010 • Unilife Corp • Surgical & medical instruments & apparatus • Pennsylvania

FOR VALUE RECEIVED, UNILIFE CROSS FARM LLC (the “Borrower”), promises to pay to the order of METRO BANK (“Lender”) at its address at 3801 Paxton Street, Harrisburg, PA 17111 or at such other place as Lender may from time to time designate in writing, the principal sum of Three Million Seven Hundred Fifty Thousand and 00/100 Dollars ($3,750,000.00) or, if less, such amount as may be the aggregate unpaid principal amount of all loans or advances made by Lender to Borrower pursuant hereto with interest, on the terms and conditions described below.

TERM NOTE
Term Note • July 31st, 2008 • Meadowbrook Insurance Group Inc • Fire, marine & casualty insurance

FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to RBS CITIZENS, NATIONAL ASSOCIATION, D/B/A CHARTER ONE or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of the Term Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of July 31, 2008 (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 and L/C Issuer.

AMENDED AND RESTATED TERM NOTE
Term Note • January 28th, 2015 • Highwater Ethanol LLC • Industrial organic chemicals

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

TERM NOTE
Term Note • March 8th, 2002 • Meristar Hotels & Resorts Inc • Hotels & motels • New York
TERM NOTE
Term Note • November 15th, 1999 • Safeguard Scientifics Inc Et Al • Wholesale-computers & peripheral equipment & software
TERM NOTE
Term Note • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products

This Term Note is one of the Term Notes issued pursuant to that certain Credit Agreement dated as of August 30, 2002, by and among the Borrowers, Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents referred to therein. Reference is hereby made to the Credit 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 Agent on its books; provided that the failure of Agent to make any such recordation shall not affect the obl

TERM NOTE
Term Note • May 13th, 2014 • Balchem Corp • Chemicals & allied products

FOR VALUE RECEIVED, the undersigned (the “Parent”), hereby promises to pay to KEYBANK NATIONAL ASSOCIATION or its registered assigns (the “Lender”), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of the Term Loan made by the Lender to the Parent under that certain Credit Agreement (as amended, modified, supplemented, increased, extended or otherwise modified from time to time, the “Credit Agreement”), dated as of May 7, 2014, by and among the Parent, the Subsidiaries of the Parent from time to time party thereto, the Lenders from time to time party thereto and Bank of America, N.A., as a Lender and as administrative agent for all Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.

TERM NOTE
Term Note • April 1st, 2015 • ONE Group Hospitality, Inc. • Retail-eating places

FOR VALUE RECEIVED, the undersigned, THE ONE GROUP, LLC, a Delaware limited liability company, ONE 29 PARK MANAGEMENT, LLC, a New York limited liability company, STK-LAS VEGAS, LLC, a Nevada limited liability company, STK ATLANTA, LLC, a Georgia limited liability company, CA ALDWYCH LIMITED, a private limited company organized under the laws of the United Kingdom, HIP HOSPITALITY LIMITED, a private limited company organized under the laws of the United Kingdom, STK CHICAGO LLC, an Illinois limited liability company, STK-LA, LLC, a New York limited liability company, STK MIAMI, LLC, a Florida limited liability company, STK MIAMI SERVICE, LLC, a Florida limited liability company, STK MIDTOWN HOLDINGS, LLC, a New York limited liability company, STK MIDTOWN, LLC, a New York limited liability company, STK ORLANDO LLC, a Florida limited liability company, T.O.G. (ALDWYCH) LIMITED, a private limited company organized under the laws of the United Kingdom, T.O.G. (UK) LIMITED, a private limited

TERM NOTE
Term Note • September 27th, 2012 • Point.360 • Services-allied to motion picture production

This Note is entered into in connection with one or more certain Loan and Security Agreements or Loan Agreements, dated August 13, 2012 (each a "Loan Agreement" and collectively, the "Loan Agreements") between the Borrower and the Lender, and any capitalized terms not defined herein shall have the meanings given to them in the Loan Agreements.

TERM NOTE (THIRD LOAN)
Term Note • March 12th, 2015 • Dixie Group Inc • Carpets & rugs

This Note is being issued pursuant to that certain Term Loan Agreement dated as of November 7, 2014, among the Maker, the Bank and certain guarantors therein mentioned and described, as said agreement has been and may be amended or modified (the "Loan Agreement"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Loan Agreement.

TERM NOTE
Term Note • March 11th, 2013 • Truett-Hurst, Inc. • Beverages

This Note is entered into in connection with one or more certain Loan and Security Agreements or Loan Agreements, dated of even date herewith (each a "Loan Agreement" and collectively, the "Loan Agreements") between the Borrower and the Lender, and any capitalized terms not defined herein shall have the meanings given to them in the Loan Agreements.

TERM NOTE DATE: September 22, 2006 PRINCIPAL: Up to and Including $3,000,000.00 INTEREST: Six (6) Months LIBOR plus 165 BPS per annum.
Term Note • June 1st, 2011 • Cadista Holdings Inc. • New York

ON DEMAND AND FOR VALUE RECEIVED, JUBILANT PHARMACEUTICALS INC. (the “Borrower”), a corporation organized and existing under the laws of the State of Delaware, and having its principal place of business at 207 Kiley Drive, Salisbury, Maryland, hereby promises to pay to the order of BANK OF BARODA, at its office at 1 Park Avenue, New York, N.Y. 10016, (“Lender”), or at such other place as Lender may from time to time designate in writing, in lawful money of the United States and in immediately available funds, the principal sum of $3,000,000.00, or if different from such amount, the unpaid principal balance of the Term Loan Advances as may be due and owing to Lender under the Agreement, as defined below payable in accordance thereof, together with accrued interest outstanding thereon, at a rate of SIX (6) months LIBOR plus 165 bps, per annum, subject to change at Lender’s discretion. LIBOR shall mean the British Bankers’ Association interbank offered rates for deposits, which appear on

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TERM NOTE
Term Note • May 30th, 2003 • Woodworkers Warehouse Inc • Retail-catalog & mail-order houses • Minnesota

FOR VALUE RECEIVED, Woodworkers Warehouse, Inc., a corporation organized under the laws of the State of Delaware (the “Borrower”), promises to pay to the order of Porter-Cable Corporation, a Delaware Corporation, (the “Lender”), the principal sum of Two Million dollars ($2,000,000) (the “Principal Sum”), together with interest thereon at the rate hereinafter provided, in accordance with the following:

TERM NOTE
Term Note • January 6th, 2010 • Gulfport Energy Corp • Crude petroleum & natural gas

FOR VALUE RECEIVED, the undersigned (“Borrower”), hereby promises to pay to the order of Bank of America, N.A. or registered assigns (“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined) the principal amount of the Term Loan in an amount equal to Two Million, Twenty Thousand and Five Hundred Twenty Five Dollars ($2,020,525.00) made by Lender to Borrower under that certain Amended and Restated Credit Agreement, dated as of December 31, 2009 (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 Borrower, Lenders from time to time party thereto, and Bank of America, N.A., as Agent.

TERM NOTE PNC Bank, National Association
Term Note • June 28th, 2012 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York

This Term Note (this “Note”) is executed and delivered under and pursuant to the terms of that certain Revolving Credit, Term Loan and Security Agreement dated as of the date hereof (as amended, supplemented, restated or modified from time to time, the “Loan Agreement”) by and among HUDSON TECHNOLOGIES COMPANY., a corporation of the State of Tennessee (the “Borrower”), and PNC BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America (“PNC”), the various financial institutions named therein or which hereafter become a party thereto (together with PNC collectively, “Lenders”), and PNC as agent for Lenders (in such capacity, “Agent”). Capitalized terms not otherwise defined herein shall have the meanings provided in the Loan Agreement.

TERM NOTE
Term Note • November 16th, 2009 • Intricon Corp • Electronic components & accessories

FOR VALUE RECEIVED, the undersigned, INTRICON CORPORATION, a Pennsylvania corporation, INTRICON, INC. (formerly known as Resistance Technology, Inc.), a Minnesota corporation, RTI ELECTRONICS, INC., a Delaware corporation, INTRICON TIBBETTS CORPORATION (formerly known as TI Acquisition Corporation), a Maine corporation, and JON BARRON, INC. (d/b/a Datrix), a California corporation (each a “Borrower” and collectively, the “Borrowers”), hereby JOINTLY AND SEVERALLY promise to pay to the order of THE PRIVATEBANK AND TRUST COMPANY, a an Illinois state banking corporation (the “Bank”), the principal sum of THREE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($3,500,000), payable in periodic installments on the dates and in the amounts set forth in Loan Agreement (as hereinafter defined), with one final balloon payment on the Term Loan Maturity Date. The actual amount due and owing from time to time hereunder shall be evidenced by Bank’s records of receipts and disbursements with respect

SECOND MODIFICATION AND AMENDMENT
Term Note • February 26th, 2010 • Baron Energy Inc. • Crude petroleum & natural gas

THIS SECOND MODIFICATION AND AMENDMENT OF TERM NOTE (this “Modification”) is entered into as of the 2nd day of January 2009, by and between PERMIAN LEGEND PETROLEUM, LP, a Texas limited partnership, whose address is 3327 West Wadley Avenue, Suite 3, No. 267 (the “Maker”); and AMERICAN STATE BANK, a Texas banking association, whose address is 620 North Grant, Odessa, Texas 79764-4797 (the “Bank”).

THIRD AMENDMENT TO TERM NOTE
Term Note • December 10th, 2015 • Cherokee Inc • Women's, misses', and juniors outerwear • California

THIS THIRD AMENDMENT TO TERM NOTE (this “Amendment”) dated as of October 13, 2015, is by and between Cherokee Inc., a Delaware corporation (the “Borrower”), and JPMorgan Chase Bank, N.A. (the “Bank”).

TERM NOTE
Term Note • May 6th, 2013 • Global Telecom & Technology, Inc. • Telephone communications (no radiotelephone)

FOR VALUE RECEIVED, the undersigned (individually, a “Borrower” and collectively, the “Borrowers”), hereby promises to pay to Webster Bank, N.A., or registered assigns (the “Lender”), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of the Term Loan from time to time made by the Lender to the Borrowers under that certain Credit Agreement, dated as of April 30, 2013 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among the Borrowers, the Lenders from time to time party thereto, and Webster Bank, N.A., as Administrative Agent.

TERM NOTE
Term Note • October 10th, 2008 • Manitex International, Inc. • Special industry machinery, nec

FOR VALUE RECEIVED, MANITEX INTERNATIONAL, INC. (“Manitex”), a Michigan corporation, having an address at 7402 West 100th Place, Bridgeview, Illinois 60455, (formerly known as Veri-Tek International, Corp.) (the “Borrower”), unconditionally promises to pay to the order of TEREX CORPORATION, a Delaware corporation (“Terex”), the original principal sum of TWO MILLION DOLLARS AND NO CENTS ($2,000,000.00) in lawful money of the United States of America in immediately available funds.

SECOND AMENDED AND RESTATED TERM NOTE
Term Note • March 18th, 2013 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products

FOR VALUE RECEIVED, the undersigned CRYSTAL ROCK HOLDINGS, INC., a Delaware corporation, formerly known as Vermont Pure Holdings, Ltd. (“Holdings”), individually and as successor by merger to its former Subsidiary, Crystal Rock Holdings, Inc., a Delaware corporation (“CRH”), and CRYSTAL ROCK LLC, a Delaware limited liability company (“Crystal Rock LLC”, and together with Holdings collectively, the “Borrowers”), hereby jointly and severally promise to pay to the order of BANK OF AMERICA, N.A. (the “Lender”) at the Administrative Agent’s Office (as such term is defined in the Credit Agreement referred to below):

AMENDED AND RESTATED TERM NOTE
Term Note • October 6th, 2015 • Duluth Holdings Inc. • Retail-apparel & accessory stores

This Note is the Term Note referred to in the Amended and Restated Loan Agreement between Borrowers and Lender dated as of the date hereof (the Loan Agreement, as amended, modified, supplemented or restated from time to time being the “Loan Agreement”).

TERM NOTE
Term Note • May 24th, 2010 • Renewable Energy Group, Inc. • Industrial organic chemicals
TERM NOTE
Term Note • April 16th, 2003 • Stockeryale Inc • Optical instruments & lenses

FOR VALUE RECEIVED, the undersigned (the "Borrower"), a corporation formed and duly existing and in good standing under the laws of the Commonwealth of Massachusetts, and having its principal place of business at 32 Hampshire Road, Salem NH 03079, hereby unconditionally promises to pay to the order of TJJ Corporation, having an address at 50 Salem Street, Lynnfield, Massachusetts 01940 (the "Lender"), the principal sum of

AMENDMENT No. 8 TO TERM NOTE
Term Note • October 17th, 2016 • Softech Inc • Services-computer integrated systems design

This Amendment to the Term Note (“Amendment No. 8”) is dated August 30, 2016 by and among SofTech, Inc., a Massachusetts corporation with offices at 650 Suffolk Street, Suite 415, Lowell, MA 01854 (the “Borrower”) and EssigPR, Inc., a Puerto Rico corporation and Joe Daly (the “Lender”).

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