Exhibit 10.2
REPLACEMENT SECOND AMENDED
AND
RESTATED REVOLVING CREDIT
NOTE
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$26,250,000.00
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Chicago, Illinois
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October 31, 2008
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On or before the Revolving Credit
Termination Date, FOR VALUE RECEIVED, the undersigned (
“Borrowers” ) promise to pay to the order of
BANK OF AMERICA, N.A. (as successor by merger to LaSalle
Bank National Association) ( “Lender” ) at the
Agent’s office at 135 South LaSalle Street, Chicago,
Illinois 60603, or such other place as the Agent may designate
from time to time hereafter, the principal sum of Twenty Six
Million Two Hundred Fifty Thousand and 00/100 Dollars
($26,250,000.00) or, if less, the aggregate unpaid principal amount
of all Loans made by Lender under the Revolving Credit Facility
pursuant to that certain Second Amended and Restated Loan and
Security Agreement dated as of October 31, 2005 by and among
Borrowers, Agent and the Lenders party thereto as amended by
(i) that certain First Amendment to Second Amended and
Restated Loan and Security Agreement dated as of October 29,
2006, (ii) that certain Second Amendment to Second Amended and
Restated Loan and Security Agreement dated as of January 9,
2007 and (iii) that certain Third Amendment to Second Amended
and Restated Loan and Security Agreement dated as of
October 31, 2007 and (iv) that certain Fourth Amendment
to Second Amended and Restated Loan and Security Agreement dated of
even date herewith (herein as so amended, and as the same may be
further amended, modified or supplemented from time to time, the
“Loan Agreement” ) as shown on a schedule
attached hereto or in the Agent’s records. All capitalized
terms used herein without definition shall have the same meanings
ascribed to such terms in the Loan Agreement.
This Note evidences certain Loans
under the Revolving Credit Facility made from time to time to
Borrowers by the Lender under the Loan Agreement, and the Borrowers
hereby promise to pay interest at the offices described above on
the Loans evidenced hereby at the rates and at the times and in the
manner specified therefor in the Loan Agreement.
Repayments of principal hereon,
shall be recorded by the Agent on a schedule to this Note or
recorded on the Agent’s books and records. Borrowers agree
that in any action or proceeding instituted to collect or enforce
collection of this Note, the entries so recorded on a schedule to
this Note or recorded on the books and records of the Agent shall,
absent demonstrable error be conclusive evidence of the amount of
the Loans made by Lender to Borrowers and the interest and payments
thereon.
This Note is issued by the
Bo
