Exhibit 10.2
REVOLVING CREDIT NOTE
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$40,000,000.00
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Boston, Massachusetts
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December 12, 2005
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FOR VALUE RECEIVED, the undersigned
(the “Borrower”) promises to pay to the order of Wells
Fargo Retail Finance, LLC (with any subsequent holder, the
“Lender”), One Boston Place, 19th Floor, Boston,
Massachusetts 02108, the maximum principal sum of Forty Million and
00/100 Dollars ($40,000,000.00) or, if less, the aggregate unpaid
principal balance of loans and advances made by the Lender to or
for the account of the Borrower pursuant to the revolving credit
established pursuant to the Loan and Security Agreement dated of
even date herewith (as such may be amended, modified, supplemented
or restated hereafter, the “Loan Agreement”) by and
between the Borrower and the Lender, with interest at the rate and
payable in the manner stated therein.
This “Revolving Credit
Note” is subject to all terms and provisions of the Loan
Agreement. The principal of, and interest on, this Revolving
Credit Note shall be payable as provided in the Loan Agreement and
shall be subject to acceleration as provided therein.
Capitalized terms used herein and not defined herein shall have the
meanings assigned to such terms in the Loan Agreement.
The Lender’s books and records
concerning loans and advances pursuant to the Loan Agreement, the
accrual of interest thereon, and the repayment of such loans and
advances, shall be prima facie evidence of the indebtedness
hereunder.
No delay or omission by the Lender
in exercising or enforcing any of the Lender’s powers,
rights, privileges, remedies, or discretions hereunder shall
operate as a waiver thereof on that occasion nor on any other
occasion. No waiver of any default hereunder shall operate as
a waiver of any other default hereunder, nor as a continuing
waiver.
The Borrower, and each endorser and
guarantor of this Revolving Credit Note, waives presentment,
deman
