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NINTH AMENDED AND RESTATED REVOLVING CREDIT NOTE

Revolving Credit Agreement

NINTH AMENDED AND RESTATED REVOLVING CREDIT NOTE | Document Parties: PIZZA INN INC /MO/ You are currently viewing:
This Revolving Credit Agreement involves

PIZZA INN INC /MO/

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Title: NINTH AMENDED AND RESTATED REVOLVING CREDIT NOTE
Governing Law: Texas     Date: 8/30/2005
Industry: Restaurants     Sector: Services

NINTH AMENDED AND RESTATED REVOLVING CREDIT NOTE, Parties: pizza inn inc /mo/
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                NINTH AMENDED AND RESTATED REVOLVING CREDIT NOTE

                ------------------------------------------------

 

$6,000,000.00      DALLAS,   TEXAS      TO   BE   EFFECTIVE   AS   OF   JUNE   26,   2005

 

 

     FOR   VALUE   RECEIVED,   the   undersigned,   PIZZA   INN,   INC.,   a   Missouri

corporation (the "BORROWER"), hereby promises to pay to the order of WELLS FARGO

BANK,   NATIONAL   ASSOCIATION   (successor   to   Wells Fargo Bank (Texas), National

Association,   herein   "BANK"),   at its office located at 4975 Preston Park Blvd,

Suite 280, Plano, Texas 75093 , on or before October 1, 2007, in lawful money of

the   United   States of America and in immediately available funds, the principal

sum   of   Six Million and No/100 Dollars ($6,000,000.00) or such lesser amount as

shall   equal the aggregate unpaid principal amount of the Revolving Credit Loans

and any additional Advances made by the Bank to the Borrower under Article II of

the   Loan Agreement referred to below, and to pay interest on the amount of each

such Advance, at such office, in like money and funds, for the period commencing

on   the   date   of   such Advance until such Advance shall be paid in full, at the

rates   per annum and on the dates provided in the Loan Agreement (as hereinafter

defined).

 

      The   Borrower   hereby   authorizes   the   Bank   to   record in Bank's internal

records the amount and Type of Advances made to the Borrower by the Bank and all

Continuations,   Conversions,   and   payments   of   principal   in   respect   of such

Advances,   which   records shall, in the absence of manifest error, be conclusive

as   to the outstanding principal amount of all such Advances; provided, however,

that   the   failure   to   make   such   notation with respect to any such Advance or

payment   shall   not   limit   or   otherwise affect the obligations of the Borrower

under   the   Loan   Agreement   or   this   Note.

 

     This   Note is the Ninth Amended and Restated Revolving Credit Note referred

to   in   the   Third   Amended and Restated Loan Agreement, dated as of January 22,

2003,   but   effective   as of December 29, 2002 (as amended by that certain First

Amendment   to   Third   Amended   and Restated Loan Agreement dated as of March 28,

2004, that certain Second Amendment to Third Amended and Restated Loan Agreement

and   Amendment   to   Real Estate Note effective as of December 26, 2004, and that

certain   Third   Amendment   to   Third   Amended   and   Restated   Loan Agreement and

Amendment   to   Real   Estate   Note   effective   as   of   June   26,   2005, the "LOAN

AGREEMENT"),   and   evidences   the   Revolving   Credit   Loans   and   all additional

Advances   made   by the Bank pursuant to Article II thereof.   The Loan Agreem


 
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