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Exhibit 10.3
PROMISSORY NOTE
(this “ Note ”)
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$15,000,000.00
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Houston, Texas
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February 13, 2009
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FOR VALUE RECEIVED and WITHOUT GRACE
(except to the extent, if any, provided in the Amended and Restated
Credit Agreement referred to hereinafter), the undersigned
(“Maker”) promises to pay to the order of Texas Capital
Bank, N.A. (“Payee”), at the Principal Office (as such
term is defined in the Credit Agreement referred to hereinafter) of
Payee, FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00) or so
much thereof as may be advanced against this Note and remains
unpaid pursuant to the Amended and Restated Credit Agreement dated
February 13, 2009 by and between Maker and Payee (as amended,
supplemented, restated or otherwise modified from time to time, the
“Credit Agreement”), together with interest at the
rates and calculated as provided in the Credit
Agreement.
Reference is hereby made to the
Credit Agreement for matters governed thereby, including, without
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