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$10,000,000.00
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Birmingham, Alabama
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September 4,2008
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FOR VALUE
RECEIVED, on the Maturity Date (defined below), the undersigned,
SUPERIOR BANCORP, a Delaware corporation
(“Borrower”), hereby promises to pay to the
order of COLONIAL BANK (“Lender”), the
principal sum of Ten Million Dollars ($10,000,000.00), or such
lesser sum as may then constitute the aggregate unpaid principal
amount of all loan advances (“ Advances ”) made
by Lender to Borrower hereunder and pursuant to the Loan Agreement
(defined below). The aggregate principal amount of Advances which
Lender shall be committed to have outstanding under this Revolving
Credit Note (this “Note”) at any one time shall not
exceed Ten Million Dollars ($10,000,000.00), which amount may be
borrowed, paid, reborrowed and repaid, in whole or in part, subject
to the terms and conditions of this Note and of the Loan
Agreement.
Borrower further
promises to pay to the order of Lender interest on the unpaid
principal balance from time to time outstanding under this Note at
the rate(s) as set forth the below and to pay all fees and expenses
as required by the Loan Agreement.
Interest on each
Advance and the principal balance hereof shall accrue at the
Colonial Bank Base Rate. Colonial Bank Base Rate shall mean the
interest rate announced from time to time by Lender as the
“Colonial Bank Base Rate”. The Colonial Bank Base Rate
is a reference rate established by Lender for use in computing and
adjusting interest. It is subject to increase, decrease or change,
and is only one of the reference rates or indices that the Lender
uses. The Lender may lend to others at rates of interest at, or
greater or less than the Colonial Bank Base Rate or the rate
provided herein. The Colonial Bank Base Rate may change as often as
daily. Any change in the interest rate resulting from a change in
the Colonial Bank Base Rate shall take effect upon the change in
the Colonial Bank Base Rate.
Interest from the
date of any Advance on the outstanding unpaid principal balance
shall be computed on the basis of a 360 day year by
multiplying the product of the principal amount outstanding and the
applicable rate by the actual amount of days elapsed and dividing
by 360. No Advance may extend beyond the Maturity Date and all
outstanding Advances, including principal, interest, and fees
related thereto, must be paid in full on the Maturity Date. Each
Advance shall be in a minimum principal amount of
$100,000.
Interest on each
Advance shall be payable quarterly in arrears on each
March 31, June 30, September 30 and
December 31, and on the Maturity Date, or earlier if maturity
is accelerated pursuant to the terms of this Note or the Loan
Agreement. If Borrower fails to make any payment of any principal
of or interest on any Advance within ten (10) days after the
same becomes due, whether by reason of maturity, acceleration or
otherwise, in addition to al
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