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PROMISSORY NOTE

Promissory Note

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This Promissory Note involves

ADVANCED PHOTONIX INC

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Title: PROMISSORY NOTE
Date: 9/29/2008
Industry: Semiconductors     Sector: Technology

PROMISSORY NOTE, Parties: advanced photonix inc
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Exhibit 10.2

 

PROMISSORY NOTE

(Term Loan-Prime)

 

$1,735,716.61

Chicago, Illinois

 

 

Maturity Date: September 25, 2012

Dated: September 25, 2008

 

FOR VALUE RECEIVED on or before the Maturity Date stated above (or such earlier Maturity Date as may apply in accordance with the provisions of the Loan Agreement referred to below), the undersigned (hereinafter referred to as “Borrower”), promises to pay to the order of The PrivateBank and Trust Company, an Illinois banking corporation (hereinafter referred to as “Lender”), at its offices located at 70 W. Madison Street, Chicago, Illinois 60602, or at such other place as Lender may designate in writing, the principal sum of One Million Seven Hundred Thirty Five Thousand Seven Hundred Sixteen and 61/100 Dollars ($1,735,716.61), plus interest as hereinafter provided, in lawful money of the United States. This Note is entered into pursuant to the terms of that certain Loan Agreement dated September 25, 2008 by and between Borrower and Lender, as may be amended, restated or replaced from time to time (the “Loan Agreement”). Capitalized terms in this Note and not otherwise defined herein shall have the meanings given to them in the Loan Agreement.

 

The unpaid principal balance outstanding from time to time under this Note shall bear interest at the Prime-based Rate. Interest shall be calculated on the basis of a 360 day year for the actual number of days elapsed. The Prime-based Rate shall be adjusted on the effective date of each change in the Prime Rate. Lender shall not be required to notify Borrower of any adjustment in the Prime-based Rate.

 

This Note shall be repaid by consecutive monthly installments of principal, each in the amount of Thirty Six Thousand One Hundred Sixty and 76/100 Dollars ($36,160.76) plus interest, commencing on the third day of November, 2008 and continuing on the first Business Day of each month thereafter, calculated using an original four (4) year amortization from the date of this Note. The unpaid principal balance and all accrued interest thereon shall be due and payable in full on the Maturity Date (or earlier upon acceleration). Amounts repaid may not be readvanced.

 

If any payment of principal or interest hereunder is not paid within ten (10) Business Days from the date same is due, then, at the option of Lender, in addition to all other sums due hereunder, the Borrower shall pay a late charge in an amount equal to the greater of: (a) $250 or (b) one cent (1¢) per dollar ($1.00) for each such payment that is delinquent ten (10) Business Days or more.

 

The sums advanced hereunder shall be charged to a loan account in Borrower’s name on Lender’s books (the “Loan Account”), and Lender shall credit to such account the amount of each repayment hereunder. Lender shall render Borrower, from time to time, or upon Borrower’s request, a statement of account setting forth the Borrower’s loan balance in said Loan Account which shall be presumed to be correct and accepted by and binding upon Borrower, unless Lender receives a written statement of exceptions within ten (10) Business Days after such statement has been rendered to Borrower. Such statement of account shall be prima facie evidence of the loan and amounts owing to Lender by Borrower hereunder.

 


 

Any payment made by mail will be deemed tendered and received only upon actual receipt (time being of the essence), at the address of Lender designated for such payment whether or not Lender has authorized payment by mail or any other manner. Borrower hereby expressly assumes all risk of loss or liability resulting from non-delivery or delay in delivery of any payment transmitted by mail or in any other manner.

 

No delay or failure of Lender in exercising any right, remedy, power or privilege hereunder shall affect such right, remedy, power or privilege, nor shall any single or partial exercise thereof preclude the exercise of any other right, remedy, power or privi


 
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