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EXHIBIT 10.41
AMENDED AND RESTATED
INSTALLMENT NOTE
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$1,470,000.00
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October __, 2006
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Waukee, Iowa
For value received, NICHOLAS A. FEGEN
(“Maker”) hereby unconditionally promises to pay to the
order of GABRIEL TECHNOLOGIES CORPORATION (the
“Company”), as described in Paragraph 1 below, the
principal sum of ONE MILLION FOUR HUNDRED SEVENTY THOUSAND DOLLARS
($1,470,000) (the “Principal”), together with interest
on the unpaid principal balance from time to time outstanding at a
rate per annum equal to LIBOR plus 1% (the “Interest”).
All payments on this Note shall be due and payable in lawful money
of the United States of America at such place as Lender may from
time to time designate at the time provided in Section 1
below.
This Note amends, restates and replaces in all
respects that certain installment note in the principal amount of
$2,500,000 dated November 1, 2004, between Maker and the Company
(the “ Old Note ”) including, without
limitation, all of Maker’s obligations under the Old
Note.
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1.
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Payments . The entire Principal and Interest shall be due
and payable on December 1, 2006 (the “Maturity Date”);
provided, howeve
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