Common use of Amended and Restated Note Clause in Contracts

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note dated on or about , , in the original principal amount of $ , given by Xxxxxxxx in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s obligations to the Bank under this Note, with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this This Note is given in replacement assumption, amendment, renewal and restatement of the terms and in substitution forprovisions governing the repayment of the indebtedness evidenced by that certain Restated and Amended Revolving Promissory Note dated June 16, but not in payment of, a prior note dated on or about , , 2004 in the original principal amount of $ , given by Xxxxxxxx in favor of $7,000,00.00 ( the Bank (or its predecessor-in-interest"First Amended Note"), as which renewed, extended and modified that certain Revolving Promissory Note dated November 19, 2002 in the same may have been amended or modified from time to time original principal amount of $5,000,000.00 (“Prior "Original Note”"), executed by Borrower, payable to the order of Lender. In accordance with such amendment, renewal and furtherrestatement, that: (a) Borrower acknowledges and agrees that the obligations of the Borrower as indebtedness evidenced by the Prior Original Note and First Amended Note shall continue be renewed by and continued in full force and effecteffect in accordance with the terms and conditions of this Note (and shall not be extinguished) and this Note and the indebtedness evidenced thereby shall be secured by the liens security interest of the Loan Documents as heretofore, as amended concurrently herewith or hereafter amended. The Original Note and First Amended Note are being retained by Lender with a notation placed on their face thereof indicating that the obligations evidenced by such notes have been amended, renewed and restated by this Note, all of such obligations being hereby ratified Note and confirmed by the Borrower; (b) any do not represent separate and all liens, pledges, assignments and security interests securing the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s obligations to the Bank under this Note, with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the continuing obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligationshaving been superseded by terms hereof.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note dated on or about ____________, ____, in the original principal amount of $ $__________, given by Xxxxxxxx Borrower in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s 's obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s 's obligations to the Bank under this Note, with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note Replacement Daily Adjusting LIBOR Grid Note dated on or about December 24, 2012, in the original principal amount of $ $25,000,000.00, given by Xxxxxxxx Hardinge Inc. in favor of the Bank (or its predecessor-in-interest)Bank, as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower Hardinge Inc. as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the BorrowerHardinge Inc.’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the BorrowerHardinge Inc., and are hereby acknowledged by the Borrower to now secure, among other things, all of the Borrower’s obligations to the Bank under this Note, and for purposes of Hardinge Inc., with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower Hardinge Inc. with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note dated on or about August 26, 2011, in the original principal amount of $ $10,000,000, given by Xxxxxxxx GTJ REIT, INC. in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower GTJ as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this NoteNote and as joined by FARM SPRINGS ROAD, LLC, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s obligations to the Bank under this Note, with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in In payment of, a prior note dated on or about August 26, , 2011 in the original principal amount of $ $10,000,000, given by Xxxxxxxx GTJ REIT, INC, in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower GTJ as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this NoteNote and as joined by FARM SPRINGS ROAD, LLC, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s obligations to the Bank under this Note, with the same priority, operation and effect as that relating relating, to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, discharge or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note dated on or about May 9, 2013, in the original principal amount of $ $23,000,000.00, given by Xxxxxxxx Borrower in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“Prior Note”), and further, that: (a) the obligations of the Borrower as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s obligations to the Bank under this Note, with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note dated on or about , , ______ in the original principal 'amount of $ $_________, given by Xxxxxxxx Borrower in favor of the Bank (or its predecessor-in-interest), as the same may have been amended or modified from time to time (“"Prior Note”"), and further, that: (a) the obligations of the Borrower as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of .of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s 's obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s 's obligations to the Bank under this Note, with the same priority, operation and effect as that relating to to.. the obligations under the Prior Note; and (c) nothing herein contained shall be construed .construed to extinguish, release, or discharge, or constitute, ; create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.

Amended and Restated Note. The Borrower acknowledges, agrees and understands that this Note is given in replacement of and in substitution for, but not in payment of, a prior note Replacement Daily Adjusting Libor Revolving Line Note dated on or about December 16, 2011, in the original principal amount of $ $25,000,000.00, given by Xxxxxxxx Borrower in favor of the Bank (or its predecessor-in-interest)Bank, as the same may have been amended or modified from time to time (“Prior Note”),, and further, that: (a) the obligations of the Borrower as evidenced by the Prior Note shall continue in full force and effect, as amended and restated by this Note, all of such obligations being hereby ratified and confirmed by the Borrower; (b) any and all liens, pledges, assignments and security interests securing the Borrower’s obligations under the Prior Note shall continue in full force and effect, are hereby ratified and confirmed by the Borrower, and are hereby acknowledged by the Borrower to secure, among other things, all of the Borrower’s obligations to the Bank under this Note, with the same priority, operation and effect as that relating to the obligations under the Prior Note; and (c) nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of the Borrower with respect to the indebtedness originally described in the Prior Note or any of the liens, pledges, assignments and security interests securing such obligations.