EXHIBIT 10.2
TERM NOTE
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$3,000,000.00
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Chicago, Illinois
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September 4, 2009
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FOR VALUE RECEIVED, The Wood Energy Group, Inc.,
a Missouri corporation (“Maker”) promises to pay to the
order of Fifth Third Bank, a Michigan banking corporation
(“Bank”) at its offices at 222 South Riverside Plaza,
32 nd
Floor, Chicago, Illinois 60606 or at
such other place as the holder of this Note may designate in
writing to the Maker, on or before September 3, 2014, the principal
sum of Three Million and No/100 Dollars
($3,000,000.00). This Note represents the Term Loan made
to the Maker by the Bank pursuant to, and is governed by, a certain
Loan and Security Agreement made by and between the Maker and the
Bank dated as of even date herewith, as the same may be amended
from time to time (the “Loan Agreement”), the terms of
which are incorporated by reference and made a part of this Note as
though fully set out herein. Capitalized terms used and
not otherwise defined herein shall have the meanings ascribed to
such terms in the Loan Agreement. The outstanding amount
of the Term Loan as shown on the books and records of the Bank
shall be considered correct and conclusively binding on the Maker
absent manifest error.
The Maker shall repay the principal amount of
the Term Loan, and shall pay interest thereon, as provided in the
Loan Agreement. Principal amounts repaid on the Term
Loan may not be borrowed again.
All payments received from the Maker hereunder
shall be applied by the Bank in accordance with the terms of the
Loan Agreement.
This Note and any renewals and extensions
hereof, and any other Obligations of the undersigned to the Holder
hereof (the term “Holder” shall include the Bank and
any subsequent holder hereof) due or to become due, now existing or
hereafter contracted, and howsoever acquired by the Holder, are
secured in the manner described in the Loan Agreement.
This Note is issued under the Loan Agreement and
this Note and the Holder are entitled to all of the benefits
provided for by the Loan Agreement or referred to therein, to which
Loan Agreement reference is
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