OTHER CAUSE. PECO II, INC. By /s/ Xxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======================================================================================= $10,000,000.00 Galion, Ohio October 22, 1999 FOR VALUE RECEIVED, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK (hereinafter called the "Bank," which term shall include any holder hereof) at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten Million Dollars ($10,000,000.00) or so much thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as "Principal Sum") together with interest as hereinafter provided and payable at the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall from time to time prescribe. The Bank shall be entitled to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereunder, which shall be received by it in good faith from anyone reasonably believed by the Bank to be the undersigned, or the undersigned's authorized agent. The undersigned agrees that all advances made by the Bank will be evidenced by entries made by the Bank into its electronic data processing system and/or internal memoranda maintained by the Bank. The undersigned further agrees that the sum or sums shown on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount of the Principal Sum and of the amount of any accrued interest.
Appears in 1 contract
OTHER CAUSE. PECO II, INC. By /s/ Xxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance and Treasurer ----------------------------------------------- By: -------------------------------------- Its: ------------------------------------- By: -------------------------------------- Its: ------------------------------------- COLUMBUS/750681 v.03 EXHIBIT A-2 THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ========COMMERCIAL LOAN NOTE Business Purpose =============================================================================== City Office _____________ Division ______________ Branch __________ [X] Secured ------------------------- ---- ---------------- Account No. ____________________ Note No. _______________________ [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- ------------------------------------------------------------------ [Xx] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ========Other____________________________________________________________________ =============================================================================== $10,000,000.00 1,215,000.00 Galion, Ohio October 22May 15, 1999 1998 FOR VALUE RECEIVED, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK (hereinafter called the "Bank," which term shall include any holder hereof) ), at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten One Million Two Hundred Fifteen Thousand Dollars ($10,000,000.001,215,000.00) or so much thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as called the "Principal Sum") ), together with interest as hereinafter provided provided. The undersigned promises to pay the Principal Sum and payable the interest thereon at the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced provided in partial amounts during the term of this revolving note (this "Note") ). This Note is executed and prior the advances contemplated hereunder are to maturity. Each such advance shall be made pursuant to an Amended and Restated Loan and Security Agreement by and between the undersigned upon receipt by and the Bank of the undersigned's application therefor and disbursement instructionsdated May 15, which shall be in such form 1998 (as the Bank shall amended, restated, modified or otherwise supplemented from time to time prescribetime, herein the "Loan Agreement"), to which reference is hereby made for a more complete statement of the terms and conditions contained therein. The Bank shall be entitled Terms defined in the Loan Agreement and not otherwise defined herein are used herein with the meanings ascribed to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereundersuch terms in the Loan Agreement. Prior to maturity, which shall be received by it in good faith from anyone reasonably believed by the Bank to be the undersigned, or the undersigned's authorized agent. The undersigned agrees that all advances made by the Bank interest will be evidenced by entries made by the Bank into its electronic data processing system and/or internal memoranda maintained by the Bank. The undersigned further agrees that the sum or sums shown accrue on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount unpaid balance of the Principal Sum and at a variable rate of interest per annum, as selected by the amount of any accrued interest.undersigned in accordance with this Note (hereinafter called the "Contract Rate"), which shall change in the manner set forth below, equal to:
Appears in 1 contract
OTHER CAUSE. PECO IISYMIX COMPUTER SYSTEMS, INC. By SYMIX SYSTEMS, INC. By: /s/ Xxxxxxx Lawrxxxx X. Xxxxx ----------------------------------------------- Its President XxXxxx By: /s/ Lawrxxxx X. XxXxxx ------------------------------------------- ------------------------------------------- Name: Lawrxxxx X. XxXxxx Name: Lawrxxxx X. XxXxxx Xxx: Vice President, Chief Financial Officer Its: Vice President, Chief Financial Officer and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance Secretary and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ =======Secretary ================================================================================ $10,000,000.00 Galion2,000,000 Columbus, Ohio October 22May 18, 1999 FOR VALUE RECEIVED2000 ================================================================================ On or before July 1, 2001, for value received, the undersigned promises undersigned, SYMIX SYSTEMS, INC., an Ohio corporation ("SSI"), SYMIX COMPUTER SYSTEMS, INC., an Ohio corporation ("SCSI"), SYMIX SYSTEMS ONTARIO, INC., an Ontario corporation ("SSO") and VISUAL APPLICATIONS SOFTWARE, INC., an Ontario corporation ("VAS") (individually, a "Borrower" and, collectively, the "Borrowers") hereby promise to pay to the order of THE HUNTINGTON NATIONAL BANK Bank One, NA, a national association (hereinafter called the "Bank," which term shall include any holder hereof") at such place or its assigns, as the Bank may designate or, in the absence of such designation, at any of the Bank's officesfurther provided herein, the sum principal amount of Ten Two Million Dollars ($10,000,000.002,000,000) or so much thereof as shall have been advanced or, if such principal is less, the aggregate unpaid principal amount of all loans made by the Bank at to the Borrowers pursuant to the Credit Commitment less any time amounts loaned to SSI and not thereafter repaid SCSI (hereinafter the "Companies") under the $13,000,000 Second Amended and Restated Revolving Credit Note dated as of the date hereof under the Agreement referred to as "Principal Sum") in Section 1 hereof, together with interest as hereinafter provided and payable at on the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall unpaid principal balance from time to time prescribeoutstanding hereunder until paid in full at the rates determined in accordance with the provisions of Section 1.1.4 of the Agreement, payable as set forth in the Agreement. The Bank shall Both principal and interest are payable in federal funds or other immediately available money of the United States of America at the Main Office of the Bank, 100 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000. Xxoceeds from borrowings under this Amended and Restated Revolving Credit Note are to be entitled used solely to rely on any oral fund the operations of SSO and VAS, whether borrowed by VAS, SSO or telephonic communication requesting an advance and/or providing disbursement instructions hereunderthe Companies. This Amended and Restated Revolving Credit Note amends and restates in its entirety the Revolving Credit Note dated as of June 1, which shall be received by it in good faith from anyone reasonably believed 1998 issued by the Bank Borrowers to be the undersigned, or the undersigned's authorized agent. The undersigned agrees that all advances made by the Bank will be evidenced by entries made by the Bank into its electronic data processing system and/or internal memoranda maintained by the Bank. The undersigned further agrees that the sum or sums shown on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount of the Principal Sum and of the amount of any accrued interest.
Appears in 1 contract
Samples: Loan Agreement (Symix Systems Inc)
OTHER CAUSE. PECO IISymix Systems, INC. By /s/ Xxxxxxx Inc. By: --------------------------------------- Xxxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- XxXxxx, Its Vice President of Finance President, Chief Financial Officer and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx Secretary Date: ----------------------------------- Symix Computer Systems, Inc. By: --------------------------------------- Xxxxxxxx X. XxXxxxxxxx ----------------------------------------------- XxXxxx, Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended President, Chief Financial Officer and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======================================================================================= Secretary Date: ------------------------------------- Exhibit "B-2" AMENDED AND RESTATED TERM NOTE $10,000,000.00 Galion___________ Columbus, Ohio October 22_________, 1999 199_ FOR VALUE RECEIVED, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK Bank One, NA (hereinafter called the "Bank," which term shall include any holder hereofBank One") at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten Million _________________________________ Dollars ($10,000,000.00) or so much thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as "Principal Sum") together ______________), with interest as hereinafter provided and payable at (computed on the time and in the manner hereinafter provided. The proceeds basis of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during actual number of days elapsed divided by a year of 360 days) before maturity on the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall balance from time to time prescriberemaining unpaid at a rate as provided in the Loan Agreement dated as of May 20, 1996 between the undersigned and Bank One, as amended from time to time (the "Loan Agreement"). Interest shall be payable on _________________, 199__ and quarterly intervals thereafter. Both principal and interest are payable in lawful money of the United States at the Main Office, Corporate Banking Division, Bank One, NA, 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000. The Bank principal hereof shall be entitled to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereunderpayable in consecutive quarterly installments of _________________ Dollars ($_____________) each, the first of which shall be received by it in good faith from anyone reasonably believed by due on December 31, 1999, and continuing on the Bank same day of each succeeding calendar quarter thereafter until October 31, 2004, at which time any remaining balance of principal, together with all interest accrued thereon, shall be due and payable. The undersigned hereby authorize(s) any Attorney-at-Law to be appear for the undersigned, in an action on this promissory note, at any time after the same becomes due, as herein provided, in any court of record in or of the undersigned's authorized agentState of Ohio, or elsewhere, to waive the issuing and service of process against the undersigned and to confess judgment in favor of the legal holder of this promissory note against the undersigned for the amount that may be due, with interest at the rate herein mentioned and costs of suit, and to waive and release all errors in said proceedings and judgment, and all petitions in error, and right of appeal from the judgment rendered. This promissory note evidences a borrowing under and is entitled to the benefits of the Loan Agreement. The undersigned agrees that all advances made by principal may become due or may be declared forthwith due and payable in the Bank will be evidenced by entries made by manner and upon the Bank into its electronic data processing system and/or internal memoranda maintained by terms and conditions and with the Bankeffect provided in the Loan Agreement. The undersigned further agrees that the sum or sums shown on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount of the Principal Sum and of the amount of any accrued interest.THE UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN BANK ONE AND THE UNDERSIGNED ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THE UNDERSIGNED AND BANK ONE IN CONNECTION WITH THIS PROMISSORY NOTE, THE LOAN AGREEMENT, OR ANY OTHER AGREEMENT OR DOCUMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR MODIFY BANK ONE'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THIS PROMISSORY NOTE OR ANY OTHER DOCUMENT RELATED HERETO. --------------------------------------------------------------------------------
Appears in 1 contract
Samples: Loan Agreement (Symix Systems Inc)
OTHER CAUSE. PECO IISymix Systems, INC. By /s/ Xxxxxxx Inc. By: ------------------------------------------- Xxxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- XxXxxx, Its Vice President of Finance President, Chief Financial Officer and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx Secretary Date: ----------------------------------------- Symix Computer Systems, Inc. By: ------------------------------------------- Xxxxxxxx X. XxXxxxxxxx ----------------------------------------------- XxXxxx, Its Vice President ----------------------------------------------- President, Chief Financial Officer and Secretary Date: ----------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======================================================================================= "B" TERM NOTE $10,000,000.00 Galion________________ Columbus, Ohio October 22__________, 1999 199__ FOR VALUE RECEIVED, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK ONE, COLUMBUS, NA (hereinafter called the "Bank," which term shall include any holder hereofBank One") at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten Million _______________________ Dollars ($10,000,000.00) or so much thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as "Principal Sum") together _______________), with interest as hereinafter provided and payable at (computed on the time and in the manner hereinafter provided. The proceeds basis of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during actual number of days elapsed divided by a year of 360 days) before maturity on the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall balance from time to time prescriberemaining unpaid at a rate as provided in the Loan Agreement dated as of May ____, 1996 between the undersigned and Bank One (the "Loan Agreement"). Interest shall be payable on _____________, 199__ and quarterly intervals thereafter. Both principal and interest are payable in lawful money of the United States at the Main Office, Corporate Banking Division, Bank One, Columbus, N.A., 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000- 0170. The Bank principal hereof shall be entitled to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereunderpayable in consecutive quarterly installments of ______________ Dollars ($______________) each, the first of which shall be received by it in good faith from anyone reasonably believed by due on June 30, 1998, and continuing on the Bank same day of each succeeding calendar quarter thereafter until April 30, 2003, at which time any remaining balance of principal, together with all interest accrued thereon, shall be due and payable. The undersigned hereby authorize(s) any Attorney-at-Law to be appear for the undersigned, in an action on this promissory note, at any time after the same becomes due, as herein provided, in any court of record in or of the undersigned's authorized agentState of Ohio, or elsewhere, to waive the issuing and service of process against the undersigned and to confess judgment in favor of the legal holder of this promissory note against the undersigned for the amount that may be due, with interest at the rate herein mentioned and costs of suit, and to waive and release all errors in said proceedings and judgment, and all petitions in error, and right of appeal from the judgment rendered. This promissory note evidences a borrowing under and is entitled to the benefits of the Loan Agreement. The undersigned agrees that all advances made by principal may become due or may be declared forthwith due and payable in the Bank will be evidenced by entries made by manner and upon the Bank into its electronic data processing system and/or internal memoranda maintained by terms and conditions and with the Bankeffect provided in the Loan Agreement. The undersigned further agrees that the sum or sums shown on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount of the Principal Sum and of the amount of any accrued interest.THE UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN BANK ONE AND THE UNDERSIGNED ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THE UNDERSIGNED AND BANK ONE IN CONNECTION WITH THIS PROMISSORY NOTE, THE LOAN AGREEMENT, OR ANY OTHER AGREEMENT OR DOCUMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR MODIFY BANK ONE'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THIS PROMISSORY NOTE OR ANY OTHER DOCUMENT RELATED HERETO. -------------------------------------------------------------------------------
Appears in 1 contract
Samples: Loan Agreement (Symix Systems Inc)
OTHER CAUSE. PECO IIBANK ONE, NA By: /s/ Xxxxxxxxx X. Xxxxxx -------------------------------------- Name: Xxxxxxxxx X. Xxxxxx Its: Vice President Exhibit A-4 AMENDED AND RESTATED REVOLVING CREDIT NOTE ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- $13,000,000 Columbus, Ohio June 1, 1998 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- On or before March 31, 2001, for value received, the undersigned, SYMIX SYSTEMS, INC. By /s/ Xxxxxxx X. Xxxxx ----------------------------------------------- Its President ., an Ohio corporation and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO IISYMIX COMPUTER SYSTEMS, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======================================================================================= $10,000,000.00 GalionINC., an Ohio October 22corporation (individually, 1999 FOR VALUE RECEIVEDa "Company" and, collectively, the undersigned promises "Companies") hereby jointly and severally promise to pay to the order of THE HUNTINGTON NATIONAL BANK Bank One, NA, a national association (hereinafter called the "Bank," which term shall include any holder hereof") at such place or its assigns, as the Bank may designate or, in the absence of such designation, at any of the Bank's officesfurther provided herein, the sum principal amount of Ten Thirteen Million Dollars ($10,000,000.0013,000,000) or so much thereof as shall have been advanced or, if such principal is less, the aggregate unpaid principal amount of all loans made by the Bank at any time and not thereafter repaid (hereinafter to the Companies pursuant to the Credit Commitment under the Agreement referred to as "Principal Sum") in Section 1 hereof, together with interest as hereinafter provided and payable at on the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall unpaid principal balance from time to time prescribeoutstanding hereunder until paid in full at the rates determined in accordance with the provisions of Section 1.1.4 of the Agreement, payable as set forth in the Agreement. The Both principal and interest are payable in federal funds or other immediately available money of the United States of America at the Main Office of the Bank, 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000. This Amended and Restated Revolving Credit Note amends and restates in its entirety the Amended and Restated Revolving Credit Note issued to the Bank shall be entitled to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereunder, which shall be received by it in good faith from anyone reasonably believed by the Companies dated March 4, 1998, the Amended and Restated Revolving Credit Note issued to the Bank to be the undersigned, or the undersigned's authorized agent. The undersigned agrees that all advances made by the Companies dated August 13, 1997 and the Revolving Credit Note issued to the Bank will be evidenced by entries made by the Bank into its electronic data processing system and/or internal memoranda maintained by the Bank. The undersigned further agrees that the sum or sums shown on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount of the Principal Sum and of the amount of any accrued interestCompanies dated May 20, 1996.
Appears in 1 contract
Samples: Loan Agreement (Symix Systems Inc)
OTHER CAUSE. Borrower: PECO II, INC. By /s/ Xxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance and Treasurer ----------------------------------------------- Inc. By: -------------------------------------- Its: ------------------------------------- EXHIBIT A-3 THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======CAPEX NOTE Business Purpose ================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- ------------ ------------ ------------ Account No. Note No. [ ] Unsecured ------------------------- -------------------------- ---------------------- ---------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- -------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======----------------------------------------------------------------------- ================================================================================= $10,000,000.00 5,000,000.00 Galion, Ohio October 22, 1999 FOR VALUE RECEIVED, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK (hereinafter called the "Bank," which term shall include any holder hereof) ), at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten Five Million Dollars ($10,000,000.005,000,000.00) or so much thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as the "Principal Sum") ), together with interest as hereinafter provided provided. The undersigned promises to pay the Principal Sum and payable the interest thereon at the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced provided in partial amounts during the term of this revolving note (this "Note") ). This Note is executed and prior the advances contemplated hereunder are to maturity. Each such advance shall be made pursuant to a Second Amended and Restated Loan and Security Agreement by and between the undersigned upon receipt by and the Bank of the undersigned's application therefor and disbursement instructionsdated October 22, which shall be in such form 1999 (as the Bank shall amended, restated, modified or otherwise supplemented from time to time prescribetime, herein the "Loan Agreement"), to which reference is hereby made for a more complete statement of the terms and conditions contained therein. The Bank shall Terms defined in the Loan Agreement and not otherwise defined herein are used herein with the meanings ascribed to such terms in the Loan Agreement. This Note is given in substitution for, and replacement of, that certain Draw/Time Note dated as of May 15, 1998 in the original principal sum of $2,500,000.00 (the "Original Note") that was modified by a certain Note Modification Agreement - Draw/Time Note dated as of October 9, 1998, pursuant to which the maximum principal amount that could be entitled advanced under the Original Note was increased to rely on any oral or telephonic communication requesting an advance and/or providing disbursement instructions hereunder$5,000,000.00, which shall be received by it in good faith from anyone reasonably believed by the Bank and is not a novation thereof. INTEREST -------- Prior to be the undersignedmaturity, or the undersigned's authorized agent. The undersigned agrees that all advances made by the Bank interest will be evidenced by entries made by the Bank into its electronic data processing system and/or internal memoranda maintained by the Bank. The undersigned further agrees that the sum or sums shown accrue on the most recent printout from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount unpaid balance of the Principal Sum and at a variable rate of interest per annum, as selected by the amount of any accrued interest.undersigned in accordance with this Note (hereinafter called the "Contract Rate"), which shall change in the manner set forth below, equal to:
Appears in 1 contract
OTHER CAUSE. PECO II, INC. By /s/ Xxxxxxx X. Xxxxx ----------------------------------------------- Its President and Chief Executive Officer ----------------------------------------------- By /s/ Xxxxxx X. Xxxxxxxxxx ----------------------------------------------- Its Vice President of Finance and Treasurer ----------------------------------------------- THE HUNTINGTON NATIONAL BANK By /s/ Xxxxx X. XxXxxxxxxx ----------------------------------------------- Its Vice President ----------------------------------------------- EXHIBIT A-1 THE HUNTINGTON NATIONAL BANK Amended and Restated Revolving Note ======================================================================================= City Office Division Branch [X] Secured ------------------------- ---- ---------------- Account No. Note No. [ ] Unsecured ------------------------- -------------------------- Account Name PECO II, Inc. -------------------------------------------------------------------------- [X] Corporation [ ] Partnership [ ] Individual/Proprietorship [ ] Other ------------------------------------------------------------------------------ ======================================================================================= ARBOR HEALTH CARE COMPANY By:________________________________ Its:_______________________________ REVOLVING CREDIT NOTE $10,000,000.00 Galion1,000,000.00 Lima, Ohio October 22December 30, 1999 FOR VALUE RECEIVED1996 On or before July 1, 1998, for value received, the undersigned promises to pay to the order of THE HUNTINGTON NATIONAL BANK Bank One, Lima, NA (hereinafter called the "Bank," which term shall include any holder hereofBank One") at such place as the Bank may designate or, in the absence of such designation, at any of the Bank's offices, the sum of Ten One Million Dollars ($10,000,000.001,000,000.00) or so much such lesser portion thereof as shall have been advanced by the Bank at any time and not thereafter repaid (hereinafter referred to as "Principal Sum") together with interest as hereinafter provided and payable at the time and in the manner hereinafter provided. The proceeds of the loan evidenced hereby may be advanced, repaid and readvanced in partial amounts during the term of this revolving note (this "Note") and prior to maturity. Each such advance shall be made to the undersigned upon receipt by the Bank of the undersigned's application therefor and disbursement instructions, which shall be in such form as the Bank shall from time to time prescribe. The Bank shall be entitled to rely on any oral disbursed to, or telephonic communication requesting an advance and/or providing disbursement instructions hereunder, which shall be received by it in good faith from anyone reasonably believed by for the Bank to be benefit of the undersigned, with interest (computed on the basis of the actual number of days elapsed divided by a year of 360 days) before maturity on the balance from time to time remaining unpaid at the rate or rates provided for in that certain Amended and Restated Loan Agreement dated August 1, 1995 (the undersigned's authorized agent"Loan Agreement"). Both principal and interest are payable in lawful money of the United States at the Main Office of Bank One, 121 Xxxx Xxxx Xxxxxx, Xxxx, XX 00000. Xhis promissory note evidences a borrowing under and is entitled to the benefits of the Loan Agreement. The principal may become due or may be declared forthwith due and payable in the manner and upon the terms and conditions and with the effect provided in said Loan Agreement. THE UNDERSIGNED, TO THE EXTENT PERMITTED BY LAW, WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN BANK ONE AND THE UNDERSIGNED ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THE UNDERSIGNED AND BANK ONE IN CONNECTION WITH THIS PROMISSORY NOTE, THE LOAN AGREEMENT, OR ANY OTHER AGREEMENT OR DOCUMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR MODIFY BANK ONE'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY CONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THIS PROMISSORY NOTE OR ANY OTHER DOCUMENT RELATED HERETO. The undersigned agrees authorize(s) any attorney-at-law to appear for the undersigned in an action on this promissory note, at any time after the same becomes due, as herein provided, in any court of record in or of the State of Ohio, or elsewhere, to waive the issuing and service of process against the undersigned, and to confess judgment in favor of the legal holder of this promissory note against the undersigned, for the amount that may be due, with interest at the rate therein mentioned and cost of suit, and to waive and release all advances made by the Bank will be evidenced by entries made by the Bank into its electronic data processing system and/or internal memoranda maintained by the Bank. The undersigned further agrees that the sum or sums shown on the most recent printout errors in said proceedings and judgment, and all petitions in error, and right of appeal from the Bank's electronic data processing system and/or on such memoranda shall be rebuttably presumptive evidence of the amount of the Principal Sum and of the amount of any accrued interest.judgment rendered. ------------------------------------------------------------------------------
Appears in 1 contract
