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PROMISSORY NOTE

Promissory Note

PROMISSORY NOTE | Document Parties: TELKONET INC | THERMO CREDIT, LLC You are currently viewing:
This Promissory Note involves

TELKONET INC | THERMO CREDIT, LLC

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Title: PROMISSORY NOTE
Governing Law: Louisiana     Date: 9/10/2008
Industry: Communications Equipment     Sector: Technology

PROMISSORY NOTE, Parties: telkonet inc , thermo credit  llc
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EXHIBIT 4.1

 

PROMISSORY NOTE

 

Borrower:

Lender:

 

 

TELKONET, INC. and Subsidiaries

THERMO CREDIT, LLC

20374 Seneca Meadows Parkway

639 Loyola Avenue

Germantown, MD 20876

Suite 2565

 

New Orleans, LA  70113

 


 

Principal Amount:

Maturity Date of Note:

Date of Note:

U.S. $1,000,000.00

September 9, 2010

September 9, 2008

 

PROMISE TO PAY .  For value received, the undersigned makers (hereinafter referred to as “Borrower,” which term means individually, collectively, and interchangeably any, each and/or all of them), promises to pay to the order of THERMO CREDIT LLC (“Lender”), or its registered assigns, in lawful money of the United States of America the sum of One Million and No/100 ($1,000,000.00) Dollars, or such other or lesser amounts as may be reflected from time to time on the books and records of Lender as evidencing the aggregate unpaid principal balance of loan advances made to Borrower on a revolving line of credit basis as provided in the Loan Documents.

 

LOAN AGREEMENT .   This Note is made and executed pursuant to, and is subject to, that certain Loan Agreement among the Borrower and Lender, dated as of September 9, 2008 (as amended from time to time, the “Loan Agreement”).  All capitalized terms used in this Note (and not otherwise defined herein) shall have the meanings defined in the Loan Agreement.

 

INTEREST RATE .  The aggregate outstanding principal shall bear interest at the greater of (i) the Wall Street Journal Prime Rate plus nine (9%) percent per annum, adjusted on the date of any change in such prime or base rate or (ii) Sixteen percent (16%).  The term "Wall Street Journal Prime Rate" is and shall mean the variable rate of interest, on a per annum basis, which is announced and/or published in the Money Rates Section of The Wall Street Journal from time to time. All payments of interest shall be computed on the per annum basis of a year of 360 days for the actual number of days (including the first day, but excluding the last day) elapsed.  Interest shall accrue from date of advance.

 

 

 


 

 

MAXIMUM INTEREST RATE .  Anything to the contrary contained herein notwithstanding, no provision of this Note shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law ("the MAXIMUM RATE").  If interest in excess of the Maximum Rate is provided for in this Note or otherwise in connection with the loan transaction represented by this Note, or is adjudicated to be so provided, the provisions of this paragraph shall govern and prevail, and no Borrower or any guarantor shall be obligated to pay the excess amount of such interest or any other excess sum paid for the use, forbearance, or detention of advances made under the Loan Agreement.  In the event Lender ever receives, collects or applies, as interest due and payable under this Note, any sum in excess of the Maximum Rate, the amount of the excess shall be applied as a payment and reduction of   the principal of the indebtedness represented by this Note; and if the principal of the indebtedness represented by this Note has been fully paid, any remaining excess shall forthwith be paid to Borrowers.  In determining whether or not interest paid or payable exceeds the Maximum Rate, Borrower and Lender  shall, to the extent permitted by applicable law, (a) characterize any non-principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate and spread, in equal or unequal parts, the total amount of interest throughout the entire contemplated term of the indebtedness  represented by this Note so that interest for the entire term does not exceed the Maximum Rate.

 

MONITORING FEE.   Borrower will pay a monitoring fee on the amount of the Credit Facility for the period from and including the date of this Agreement to and including the Maturity Date, at the rate of ONE TWENTIETH OF ONE PERCENT (0.05%) of the Principal Amount per week or portion thereof.

 

ADVANCES .   This Note is a revolving commercial line of credit “master note.”  Advances under this Note may be requested only as provided in the Loan Agreement.  Borrower agrees to be liable for all sums, on the instructions of an authorized person, either advanced or credited to any deposit account of Borrower. The following party or parties are authorized to request advances under the line of credit until Lender receives from Borrower written notice of revocation of their authority:

 

Name                                                        Office/Position

 

Rick Leimbach                                     Chief Financial Officer

 

The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender’s internal records, including daily computer print-outs.  Lender will have no obligation to advance funds under this Note if: (a) a Default has occurred and is continuing; (b) Borrower or Guarantor cease doing business or are insolvent; (c) Guarantor seeks, claims or otherwise attempts to limit, modify or revoke Guarantor’s guarantee of this Note or any other loan with Lender; or (d) Borrower has applied funds


 
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