Exhibit 10.3
REPLACEMENT SECOND AMENDED
AND
RESTATED REVOLVING CREDIT
NOTE
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$18,750,000.00
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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
RBS CITIZENS, NATIONAL ASSOCIATION f/k/a Citizens Bank of
Massachusetts ( “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 Eighteen Million Seven Hundred
Fifty Thousand and 00/100 Dollars ($18,750,000.00) 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
Borrowers
