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HomeMy WebLinkAbout2026 EXHIBIT 8 PROMISSORY NOTE J 52,500,000.00 Toronto, Canada - August 10, 1979 FOR VALUE ~tECEiVED the undersigned BURNAC PRODUCE INC.., a Florida corporation, (the "Maker") hereby promises to pay to the order of THE MERCANTILE BANK OF CANADA, a bank chartered under the Bank Act of Canada (the "Payee"), at the offices of Citibank, N.A. in New York, New York, or at such other place or places as the Payee or holder hereof may designate in writing, the principal sum of TWO MILLION. FIVE HUNDRED THOUSAND DOLLARS ($2;500,000.00) in lawful money of the United States of America, in annual instalments as follows: August 10, 1980 - $400,000 August 10, 1981 - $500,000 August 10, 1982 - $500,000 August 10 , 1983 - $500, 000 August 10, 1984 - $600,000 together with interest accruing thereon from the date hereof on sums advanced hereunder, at the rates and times hereinafter provided, calculated on the daily outstanding principal balances from time to time. All payments of principal hereunder will be made in such coin or money of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts, upon presentation hereof for notation of each payment or upon surrender hereof on payment in full; provided that any payment which is received by the Payee after 11:30 a. m. on any day shall be deemed to have been received on the next following day on which Citibank, N.A. is open for business at its offices in New York, New York and interest shall accrue on the amount of such payment until such date. .The Maker promises to pay interest, both before and after default and before and after maturity, on the principal amount hereof from time to time outstanding at a rate expressed as a percentage per annum (the "Loan Rate") equal to MBC Best US $ Lending Rate + 1-1/2. Interest as aforesaid shall be calculated and payable monthly on the 1st day of each calendar month in each year until all obligations of the Maker to the Payee have been satisfied in full. With each change in the MBC Best US $ Lending Rate there shall be a corresponding change in the Loan Rate. The Payee will promptly notify the Maker of each change in the MBC Best US $ Lending Rate. For the purposes hereof "MBC Best US $ Lending Rate" shall mean the per annum rate of interest published, quoted and known fn Toronto, Canada as the Payee's "MBC Best US ~ Lending Rate", and the Maker acknowledges that the MBC Best US $ Lending Rate in effect on the date hereof is ~ 13X. All delinquent interest shall bear interest-from due date at the same rate as set forth above and shall be paid on the first day of each month during the term of delinquency. Nothing herein contained, nor any transaction related hereto, shall be construed or so operate as to require the Maker to pay interest at a greater rate than is now lawful in such case to contract for, or to make any payment, or to do any act contrary aaoK 314 PaGE ~19 r j