Back to top

SECOND REPLACEMENT SECOND AMENDED AND RESTATED REVOLVING CREDIT NOTE

Promissory Note

SECOND REPLACEMENT SECOND AMENDED AND RESTATED REVOLVING CREDIT NOTE | Document Parties: MODUSLINK GLOBAL SOLUTIONS INC | MODUSLINK CORPORATION | PRIVATEBANK AND TRUST COMPANY | SALESLINK LLC | SALESLINK MEXICO HOLDING CORP You are currently viewing:
This Promissory Note involves

MODUSLINK GLOBAL SOLUTIONS INC | MODUSLINK CORPORATION | PRIVATEBANK AND TRUST COMPANY | SALESLINK LLC | SALESLINK MEXICO HOLDING CORP

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: SECOND REPLACEMENT SECOND AMENDED AND RESTATED REVOLVING CREDIT NOTE
Date: 3/5/2009
Industry: Misc. Financial Services     Sector: Financial

SECOND REPLACEMENT SECOND AMENDED AND RESTATED REVOLVING CREDIT NOTE, Parties: moduslink global solutions inc , moduslink corporation , privatebank and trust company , saleslink llc , saleslink mexico holding corp
50 of the Top 250 law firms use our Products every day

Exhibit 10.4

SECOND REPLACEMENT SECOND AMENDED AND

RESTATED REVOLVING CREDIT NOTE

 

$10,000,000.00

  

Chicago, Illinois

  

February 27, 2009

On or before the Revolving Credit Termination Date, FOR VALUE RECEIVED , the undersigned ( “Borrowers” ) promise to pay to the order of THE PRIVATEBANK AND TRUST COMPANY ( “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 Ten Million and 00/100 Dollars ($10,000,000.00) 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, (iii) that certain Third Amendment to Second Amended and Restated Loan and Security Agreement dated as of October 31, 2007, (iv) that certain Fourth Amendment to Second Amended and Restated Loan and Security Agreement dated as of October 31, 2008 and (v) that certain Fifth Amendment to 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 under the terms and provisions of the Loan Agreement and is secured by, among other things, the Collateral, the Amended and Restated ModusLink Pledge Agreement and this Note and the holder hereof is entitled to all of the benefits and security provided for thereby or referred to therein, to which reference is hereby made for a statement thereof. This Note may be declared to be, or be and become, due prior to its expressed maturity on the terms set forth in the Loan Agreement. Voluntary prepayments may


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more