Prior Note. This note amends, restates and supersedes in its entirety the Purchase Note executed and delivered in connection with Amendment No. 2 to the Purchase Agreement (the “Prior Note”).
Prior Note. This Note supersedes and replaces in its entirety the Amended and Restated Secured Convertible Promissory Note dated June 19, 2014 (“Prior Note”), which Prior Note shall be automatically cancelled and of no further force and effect upon execution of this Note by the Company and delivery of the executed original of this Note to Holder.
Prior Note. This Note amends and supersedes the obligations of Borrower as evidenced by that certain Promissory Note dated December 13, 2013, in the original principal amount of $10,000,000, made payable by the Borrower to Holder, the original of which is attached hereto and shall not be negotiated separately from this Note (the "Prior Note"). It is the intention of Borrower and Holder that while this Note amends and supersedes the Prior Note, this Note is not in payment, satisfaction or novation of the Prior Note, but rather is the substitution of one evidence of debt for another, without any intent to extinguish the indebtedness of the Borrower to the Holder existing as of the effective date of this Note and evidenced by the Prior Note. The Prior Note shall be returned to Borrower only upon payment in full of this Note. [The remainder of this page is intentionally left blank.] [SIGNATURE PAGE FOR FIRST AMENDED AND RESTATED PROMISSORY NOTE (INVENTORY LOAN)]
Prior Note. This Note is given in renewal and extension and not in novation of the following described indebtedness: That certain Promissory Note dated June 16, 2000, in the amount of $500,000.00 executed by Borrower payable to Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, extensions and modifications thereof. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of the rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorse this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenxxx'x security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lenxxx xxy modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORXXXXX XXAD AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTICE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORXXXXX XXREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: CALIFORNIA BEACH RESTAURANTS, INC. By: /s/ ALAX XXXXXXX -------------------------------------------- ALAX XXXXXXX, XRESIDENT LENDER: U.S. BANK NATIONAL ASSOCIATION By: /s/ [Signature Illegible] -------------------------------------------- AUTHORIZED OFFICER =============================================================================== 10 [USBANK LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ---------------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call Collateral Account Officer Initials 500,000.00 06-22-2001 09-15-2002 2789-34 070 1705522447 R-B83 /s/[ILLEGIBLE} ---------------------------------------------------------------------------------------------------------- References i...
Prior Note. This Change in Terms is an amended and restated renewal of the Revolving Credit Note in the maximum original credit amount of $5,000,000.00 from Allin Communications Corporation, Allin Interactive Corporation, Allin Digital Imaging Corp., Kent Consulting Group, Inc., Netright, Inc., Allin Holdings Corporation, and KCS Computer Services, Inc., to S&T Bank dated October 1, 1998. This Change in Terms is intended to amend and restate, and is not intended to be in substitution for or a novation of the Revolving Credit Note dated October t, 1998.
Prior Note. This Revolving Note shall supersede, replace and continue, but shall not be considered a repayment or novation of, the note dated September 28, 1999, by the Borrower to the order of the Bank (the "Prior Note"). All obligations of the Borrower under the Prior Note shall be evidenced by, and continued pursuant to, this Revolving Note.
Prior Note. This Note is issued, not as a refinancing or refunding of or payment toward, but as a continuation of, the Obligations of Borrowers to Lender pursuant to that certain Fifth Amended and Restated Revolving Credit Promissory Note dated as of December 31, 2009 in the principal amount of $20,000,000 (as amended, and together with all prior amendments thereto or restatements thereof, the “Prior Note”), together with any and all additional Revolving Loans incurred under this Note; provided that the unpaid principal balance of such Indebtedness under the Prior Note, together with any and all such additional Revolving Loans incurred under this Note, shall not exceed the maximum principal amount of this Note (the “Principal Amount Cap”). Accordingly, this Note shall not be construed as a novation or extinguishment of the Obligations arising under the Prior Note, and its issuance shall not affect the priority of any Lien granted in connection with the Prior Note. Interest accrued under the Prior Note prior to the date of this Note remains accrued and unpaid under this Note and does not constitute any part of the principal amount of the Indebtedness evidenced hereby. The entire unpaid principal balance created or existing under, pursuant to, as a result of, or arising out of, the Prior Note shall, together with any and all additional Revolving Loans incurred under this Note, continue in existence under this Note up to the Principal Amount Cap, which Obligations Borrowers acknowledge, affirm, and confirm to Lender. The Indebtedness evidenced by this Note will continue to be secured by all of the collateral and other security granted to Lender under the Prior Note and the other Loan Documents.
Prior Note. This note is in renewal and replacement of a certain Promissory Note dated December 19, 2001, in the original principal amount of 250,000.00 executed and delivered by Borrower and Lender.
Prior Note. A Promissory Note from BAB Holdings, Inc. to Lender, dated December 31, 1998 in the principal amount of $1,750,000.00.
Prior Note. This Note is an amendment, extension and replacement of the Revolving Loan Note dated June 30, 2009 in the original principal amount of $25,000,000.00 (the “Prior Note") (but is not a payment of said Note).
