Replacement Promissory Note. Upon receipt of an affidavit of an officer of a Lender as to the loss, theft, destruction or mutilation of a Note issued to such Lender or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note or other security document, Borrowers will issue, in lieu thereof, a replacement note or other security document in the same principal amount thereof and otherwise of like tenor.
Replacement Promissory Note. Borrower shall execute and deliver to Lender a Revolving Promissory Note in the form attached as Exhibit A to this Amendment to replace the Note executed by Borrower pursuant to the original Loan Agreement. Such replacement note shall constitute the Note described in the Loan Agreement, as amended hereby.
Replacement Promissory Note. (a) Borrower shall execute and deliver to Lender on the date hereof the Replacement Promissory Note in substitution for and not satisfaction of, the issued and outstanding Revolving Promissory Note and the Replacement Promissory Note shall be the "Revolving Promissory Note" for all purposes of the Loan Documents. The Replacement Promissory Note shall not operate as a novation of the Obligations of Borrower, or nullify, discharge, or release any such Obligations or the continuing contractual relationship of the Borrower in accordance with the provisions of the Loan Documents. All references in the Loan Documents to the "Revolving Promissory Note" shall be deemed to refer to the Replacement Promissory Note. This Loan Modification Agreement is executed as of the date first written above. BORROWER: ODIMO INCORPORATED By: /s/ Xxxx Xxxxxx -------------------------------------- Name: Xxxx Xxxxxx Title: CEO XXXXXXX.XXX, INC. By: /s/ Xxxx Xxxxxx -------------------------------------- Name: Xxxx Xxxxxx Title: President
Replacement Promissory Note. Borrower shall execute and deliver to Lender the $5,500,000 Cognovit Promissory Note Demand Line of Credit attached to this Amendment as Exhibit A (the “Replacement Note”) which shall replace the Existing Note and shall evidence the Line of Credit on and after the date of this Amendment.
Replacement Promissory Note. (a) Borrower shall execute and deliver to Lender on the date hereof the Replacement Promissory Note in substitution for and not satisfaction of, the issued and outstanding Revolving Promissory Note and the Replacement Promissory Note shall be the "Revolving Promissory Note" for all purposes of the Loan Documents. The Replacement Promissory Note shall not operate as a novation of the Obligations of Borrower, or nullify, discharge, or release any such Obligations or the continuing contractual relationship of the Borrower in accordance with the provisions of the Loan Documents. All references in the Loan Documents to the "Revolving Promissory Note" shall be deemed to refer to the Replacement Promissory Note. This Loan Modification Agreement is executed as of the date first written above. BORROWER: ODIMO INCORPORATED By: /s/ ALAN LIPTON --------------- Name: Title: ASHFORD.COM, IXX. Xx: /s/ ALAN LIPTON ----------------- Naxx: Xxxle:
Replacement Promissory Note. A Replacement Promissory Note dated as of July 15, 2003 in the maximum principal amount of Twenty-One Million Dollars and 00/100 Cents ($21,000,000.00), executed by the Borrower and made payable to the order of each of the Banks, in the form of Exhibit A attached hereto.
Replacement Promissory Note executed by Borrower under the 98-2 Agreement (in the form attached as Exhibits E to this Omnibus Amendment Agreement).
Replacement Promissory Note. The Revolving Promissory Note issued pursuant to the Loan Agreement in connection with the Committed Revolving Line is being replaced in its entirety with Exhibit E attached hereto. Borrower shall execute and deliver to Bank on the date hereof its Second Amended and Restated Revolving Promissory Note in the form of Exhibit E attached hereto and incorporated herein by reference (the “Replacement Revolving Promissory Note”), in substitution for and not satisfaction of, the issued and outstanding Revolving Promissory Note, and the Replacement Revolving Promissory Note shall be one of the Loan Documents. The promissory note being substituted pursuant to this Agreement shall be marked
Replacement Promissory Note. A second replacement promissory note duly executed by the Borrowers and Front Royal in favor of the Lender dated as of the date hereof, substantially in the form of Exhibit A to this Amendment.
Replacement Promissory Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of this Promissory Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower or, in the case of any such mutilation, upon surrender and cancellation of this Promissory Note, Borrower will execute and deliver to Lender in lieu thereof, a replacement note dated as of the date of this Promissory Note, identical in form and substance to this Promissory Note and upon such execution and delivery all references in the Loan Documents to this Promissory Note shall be deemed to refer to such replacement note.
