Exhibit 10.1
LOAN EXTENSION
AGREEMENT
This Loan Extension Agreement is
dated as of this 28th day of December, 2005, by and between
Wachovia Bank, National Association , a national
banking association with a place of business at One Boston Place,
Boston, Massachusetts (the “Lender”), ALLTX, LLC
, a Delaware limited liability company with an office at One Boston
Place, Boston, Massachusetts 02108 (the
“Borrower”), in consideration of the mutual covenants
contained herein and the benefits to be derived
herefrom.
W I T N E S S E T
H:
WHEREAS , the Lender and the Borrower have entered into
a certain loan arrangement (the “Loan Arrangement”),
which Loan Arrangement is evidenced by, among other documents and
instruments, a certain Loan Agreement dated as of
September 15, 2005 (the “Loan Agreement”;
capitalized terms used herein shall have the meanings given in the
Loan Agreement) and that certain Promissory Note dated as of
September 15, 2005 made by the Borrower payable to the Lender
in the original principal amount of $5,556,347.50 (the
“Note”); and
WHEREAS , the Borrower has requested that the Lender
extend the maturity date of the Note as set forth herein and the
Lender has agreed to do so upon the terms and conditions set forth
herein.
NOW, THEREFORE
, it is agreed by and between the
Lender and the Borrower as follows:
1.
The Lender and the Borrower hereby agree that the maturity date of
the Note is extended until July 3, 2006. Until the
Maturity Date, the Borrower shall continue to pay, as and when due,
all principal and accrued and unpaid interest required pursuant to
the terms of the Loan Agreement and the Note.
2. &n
