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Grid Demand Promissory Note

 

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Title:

Grid Demand Promissory Note

Entities:

AMCON Distributing Co.

Date:

2006

Size:

Preview shows 5KB of 24KB total

Price:

$43

ID:

#1236561

 

 

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GRID Demand Promissory Note, dated June 13, 2005, by and between JPMorgan Chase Bank, N.A. and Draupnir, LLC

 


 

(JPMorgan Private Bank)
GRID DEMAND PROMISSORY NOTE
(LIBOR/PRIME)
$10,000,000   Dated as of June 13, 2005
     For value received, Draupnir, LLC (the Borrower) hereby promises to pay to the order of JPMorgan Chase Bank, N.A. (the Bank) at its office at 345 Park Avenue, New York, New York 10154-1002 for the account of the lending office of the Bank, the principal amount of Ten Million Dollars ($10,000,000) or, if less, the aggregate unpaid principal amount of all loans made to the undersigned by the Bank and outstanding under this Note (the Loans) on the earlier of April 15, 2007 or DEMAND.
     The Borrower promises to pay interest on each Interest Payment Date on the unpaid balance of the principal amount of each such Loan from and including the date of such Loan to such Maturity Date at either (i) a floating rate per annum equal to the Prime Rate minus 0.50% (such Loan a Prime Loan), or (ii) a fixed rate per annum equal to the Adjusted Libor Rate applicable to such Loan plus 0.50% (such Loan a Libor Loan). Any principal not paid when due shall bear interest from and including such date until paid in full at a rate per annum equal to the Default Rate, such interest to be payable on demand. Interest shall be payable on the relevant Interest Payment Date and shall be calculated on the basis of a year of 360 days for the actual number of days elapsed in the case of Libor Loans, and a year of 365 days for the actual number of days elapsed in the case of Prime Loans.
     All payments hereunder shall be made in lawful money of the United States and in immediately available funds. Any extension of time for the payment of the principal of this Note resulting from the due date falling on a non-Banking Day shall be included in the computation of interest. The date, amount, type and Maturity Date of, and the interest rate with respect to, each Loan evidenced hereby and all payments of principal thereof shall be recorded by the Bank on its books and, at the discretion of the Bank prior to any transfer of this Note at any other time, may be endorsed by the Bank on a schedule. Any such endorsement shall be conclusive absent manifest error. The Bank may (but shall not be obligated to) debit the amount of any payment under this Note that is not made when due to any deposit account of the Borrower with the Bank. The Borrower waives presentment, notice of dishonor, protest and any other notice or formality with respect to this Note.
     This Note does not create, and shall not be construed to create, any contractual or other commitment to lend by the Bank. This Note is executed and delivered to the Bank to evidence any Loans that the Bank may extend to the Borrower in the Banks sole discretion.
     1. Definitions. The terms listed below shall be defined as follows:
     Adjusted Libor Rate shall mean the Libor Rate for such Loan divided by one minus the Reserve Requirement.
     Banking Day shall mean any day on which commercial banks are not authorized or required to close in New York City and whenever such day relates to a Libor Loan or notice with respect to any Libor Loan, a day on which dealings in U. S. dollar deposits are also carried out in the London interbank market.

 

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