10.7
Promissory
Note, $122,500 between Champion Industries, Inc. and Community
Trust Bank dated as of January 9, 2003.
PROMISSORY NOTE
References in the shaded area 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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Borrower :
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CHAMPION
INDUSTRIES, INC.(TIN: 55-0717455)
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Lender :
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Community Trust
Bank Inc.
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P.O. Box
2968
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Main
Office
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Huntington, WV
25728-2968
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346 North Mayo
Trail
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P.O. Box
2947
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Pikeville, KY
41502-2947
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Principal Amount
: $122,500.00 Initial Rate :
4.250% Date of Note : January 9, 2003
PROMISE TO PAY. CHAMPION
INDUSTRIES, INC. (“Borrower”) promises to pay to
Community Trust Bank, Inc. (“Lender”), or order, in
lawful money of the United States of America, the principal amount
of One Hundred Twenty-two Thousand Five Hundred & 00/100
Dollars ($122,500.00), together with interest on the unpaid
principal balance from January 9, 2003, until paid in
full.
PAYMENT. Subject to any payment
changes resulting from changes in the Index, Borrower will pay this
loan in 36 payments of $3,633.48 each payment. Borrower’s
first payment is due February 9, 2003, and all subsequent
payments are due on the same day of each month after that.
Borrower’s final payment will be due on January 9, 2006,
and will be for all principal and all accrued Interest not yet
paid. Payments include principal and interest. Unless otherwise
agreed or required by applicable law, payments will be applied
first to accrued unpaid interest, then to principal, and any
remaining amount to any unpaid collection costs and late charges.
The annual interest rate for this Note is computed on a 365/360
basis; that is, by applying the ratio of the annual 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. Borrower will pay Lender at
Lender’s address shown above or at such other place as Lender
may designate in writing.
VARIABLE INTEREST RATE. The
interest rate on this Note is subject to change from time to time
based on changes in an independent index which is the Highest Prime
Rate most recently published in “The Wall Street
Journal’s money rates column” as the base rate on
corporate loans at large U.S. money center commercial banks. (the
“Index”). The Index is not necessarily the lowest rate
charged by Lender on its loans. If the Index becomes unavailable
during the term of this loan, Lender may designate a substitute
index after notice to Borrower. Lender will tell Borrower the
current Index rate upon Borrower’s request. The interest rate
change will not occur more often than each day, [Any change in the
Prime Rate shall be effective as of the day on which the change is
announced to become effective]. Borrower understands that Lender
may make loans based on other rates as well. The Index currently is
4.250% per annum. The Interest rate to be applied to the unpaid
principal balance of this Note will be at a rate equal to the
Index, resulting In an initial rate of 4.250% per annum. NOTICE:
Under no circumstances will the interest rate on this Note be more
than the maximum rate allowed by applicable law. Whenever increases
occur in the interest rate, Lender, at its option, may do one or
more of the following: (A) increase Borrower’s payments
to ensure Borrower’s loan will pay off by its original final
maturity date, (B) increase Borrower’s payments to cover
accruing interest, (C) increase the number of Borrower’s
payments, and (D) continue Borrower’s payments at the
same amount and increase Borrower’s final payment.
PREPAYMENT. Borrower may pay
without penalty all or a portion of the amount owed earlier than it
is due. Early payments will not, unless agreed to by Lender in
writing, relieve Borrower of Borrower’s obligation to
continue to make payments under the payment schedule. Rather, early
payments will reduce the principal balance due and may result in
Borrower’s making fewer payments. 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:
Community Trust Bank, Inc., P.O. Box 2947 Pikeville, KY
41502-2947.
LATE CHARGE. If a payment is
10 days or more late, Borrower will be charged 5.000 % of the
regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon
default, including failure to pay upon final maturity, Lender, at
its option, may, if permitted under applicable law, increase the
variable interest rate on this Note to 2.000 percentage points
over the Index. The interest rate will not exceed the maximum rate
permitted by applicable law.
DEFAULT. Each of the following
shall constitute an event of default (“Event of
Default”) under this Note: