Exhibit 10.68
TERM LOAN PROMISSORY NOTE
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$600,000
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Santa Rosa, California
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June 30, 2009
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FOR VALUE RECEIVED, the undersigned,
ML MACADAMIA ORCHARDS, L.P., a Delaware limited partnership, and ML
RESOURCES, INC., a Hawaii corporation (collectively
“Borrower”), hereby jointly and severally promise to
pay to the order of AMERICAN AGCREDIT, PCA (“Lender”),
at the times, place and in the manner designated in the
“Credit Agreement” (as defined below), in lawful money
of the United States of America and in immediately available funds,
the principal amount of SIX HUNDRED THOUSAND DOLLARS ($600,000),
together with interest on the unpaid principal amount of this Term
Loan Promissory Note (the “Note”) outstanding from time
to time from the date of this Note at the rate provided in the
Credit Agreement. All capitalized terms, unless otherwise
defined herein, shall have the meanings ascribed to them in the
Third Amended and Restated Credit Agreement dated as of
June 30, 2009, between Borrower and Lender (as amended or
modified from time to time, the “Credit Agreement”)
between Borrower and Lender.
This Note is issued by Borrower to
Lender pursuant to the Credit Agreement, to which reference is
hereby made for a statement of all of the terms and conditions
under which the loan evidenced hereby is made. This Note is
subject