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Principal
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Loan Date
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Maturity
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Loan No.
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Officer
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$500,000.00
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10-22-2008
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10-22-2009
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6824
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Call/Coll
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Account
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BLD
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Initials
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References in the boxes above are
for Lender’s use only and do not limit the applicability of
this document to any particular loan or item. Any item above
containing “***” has been omitted due to text length
limitations.
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RBC Life
Sciences USA, Inc.
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Lender:
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Independent
Bank of Texas
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2301 Crown
Court
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Independent
Bank of Texas — Irving
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Irving, TX
75038-4305
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P. O. Box
167099
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Irving, TX
75016
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(972) 870-9300
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Principal
Amount: $500,000.00
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Date of Note: October 22,
2008
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PROMISE TO
PAY. RBC Life Sciences USA, Inc. (“Borrower”) promises
to pay to Independent Bank of Texas (“Lender”), or
order, in lawful money of the United Stales of America, the
principal amount of Five Hundred Thousand & 00/100 Dollars
($500,000.00) or so much as may be outstanding, together with
interest on the unpaid outstanding principal balance of each
advance, calculated as described in the “INTEREST CALCULATION
METHOD” paragraph using an interest rate of 5.050% per annum
based on a year of 360 days. Interest shall be calculated from
the date of each advance until repayment of each advance or
maturity, whichever occurs first. The interest rate may change
under the terms and conditions of the “POST MATURITY
RATE” section.
CHOICE OF
USURY CEILING AND INTEREST RATE. The
interest rate on this Note has been implemented under the
“Weekly Ceiling” as referred to in
Sections 303.002 and 303.003 of the Texas Finance Code.
However, Lender reserves the right to implement a different
interest rate and to renew such rate, provided Lender complies with
the requirements of Sections 303.101, 102 and 103 of the Texas
Finance Code.
PAYMENT.
Borrower will pay this loan in full immediately upon Lender’s
demand. If no demand is made, Borrower will pay this loan in one
payment of all outstanding principal plus all accrued unpaid
interest on October 22, 2009. In addition, Borrower will pay
regular monthly payments of all accrued unpaid interest due as of
each payment date, beginning November 22, 2008, with all
subsequent interest payments to be due on the same day of each
month after that. Unless otherwise agreed or required by applicable
law, payments will be applied first to any accrued unpaid interest;
then to principal; and then to any unpaid collection costs.
Borrower will pay Lender at Lender’s address shown above or
at such other place as Lender may designate in writing.
Notwithstanding any other provision of this Note, Lender will not
charge interest on any undisbursed loan proceeds. No scheduled
payment, whether of principal or interest or both, will be due
unless sufficient loan funds have been disbursed by the scheduled
payment date to justify the payment.
MAXIMUM
INTEREST RATE. Under no
circumstances will the interest rate on this Note exceed (except
for any higher default rate shown below) the lesser of 18.000% per
annum or the maximum rate allowed by applicable law.
INTEREST
CALCULATION METHOD. Interest on this Note is computed on a 365/360
basis; that is, by applying the ratio of the interest rate over a
year of 360 days, multiplied by the outstanding principal
balance, multiplied by the actual number of days the principal
balance is outstanding, unless such calculation would result in a
usurious rate, in which case interest shall be calculated on a per
diem basis of a year of 365 or 366 days, as the case may be.
All interest payable under this Note is computed using this method.
This calculation method results in a higher effective interest rate
than the numeric interest rate stated in this Note. (Initial here
SEB)
PREPAYMENT.
Borrower
may pay without penalty all or a portion of the amount owed earlier
than it is due. Prepayment in full shall consist of payment of the
remaining unpaid principal balance together with all accrued and
unpaid interest and all other amounts, costs and expenses for which
Borrower is responsible under this Note or any other agreement with
Lender pertaining to this loan, and in no event will Borrower ever
be required to pay any unearned interest. Early payments will not,
unless agreed to by Lender in writing, relieve Borrower of
Borrower’s obligation to continue to make payments of accrued
unpaid interest. Rather, early payments will reduce the principal
balance due. Borrower agrees not to send Lender payments marked
“paid in full”, “without recourse”, or
similar language. If Borrower sends such a payment, Lender may
accept it without losing any of Lender’s rights under this
Note, and Borrower will remain obligated to pay any further amount
owed to Lender. All written communications concerning disputed
amounts, including any check or other payment instrument that
indicates that the payment constitutes “payment in
full” of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed
amount must be mailed or delivered to: Independent Bank of Texas,
P. O. Box 167099, Irving, TX 75016-7099.
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Loan No:
6824
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(Continued)
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Page 2
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POST
MATURITY RATE. The Post
Maturity Rate o
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