HomeMy WebLinkAbout0921 100681
EXHIBIT "A"
PROMISSORY NOTE
U.S.$12,500,000.00 At2anta, Georgia
. rVc;,+h~:~ ~~c~ ~ 19d I
ON APRIL 30, 1983, for value received, the undersigned hereby
promises to pay to the order of THE TORONTO-DOMINION BANK, a bank
chartered under the Bank Act of Canada ("T-D Bank"), at its
offices in Atlanta, Georgia, or at such other place or places as
T-D Bank or the holder hereof may designate in writing, from time
to t i me , or ord er , the principal s-i.mi of ~~1ELVE MLLLIoN FIVE IiU:v'DRID Tf~(J[35A'~m
NO/100's DOLLARS ($12,500,000.00), in lawful money of the un~ted
States of America, together with interest acrruing thereon from
the date hereof on sums advanced hereunder, at the rates and times
hereinafter provided, calculated on the daily outstanding
principal balances from time to time.
All payments hereunder will be made in such coin or currency
of the United States of America as at~the time af payment shall be
~egal tender far the payment of public and private debts, upon
presentation hereof for notation of each payment or upon surrender
hereof on payment in full, and the Maker promises to pay interest
~computed on the basis of -a 360-day year for the actual number of
days elapsed) on the daily outstanding pri~cipal balance, from
time to time, from the date hereof at a rate equal to one percent
(1$) per annum greater than the rate published, quoted and known
as The Toronto-Dominion Bank in New York's prime rate (hereinafter
"T-D Bank's New York prime rate"), each change in such rate to
become effective on the effective date of such change in the T-D
Bank's New York prime rate announced by T-D Bank, in like coin or
currency, upon presentation hereof for notation of payment at the
Atlanta, Georgia office of T-D Bank or the holder of this Note,
. such interest to be paid on such day of each month that the T-D
Bank may designate during the term of this Note, commencing in
~-~Fr;l;.~ , 1981, until the obligation of the Maker with respect
I~ to payment hereunder shall be discharged. Such rate oL interest ~
shall never exceed the maximum legal rate of interest which is ;
legally permitted under applicable law; and if such rate of
~ interest, computed in the amaunt herein provided for, should
~ exceed said maximum legal rate, then the rate of interest shall be
, automatically reduced to such maximum legal rate. -
~
R
€ All delinquent interest shall bear interest from the due date
~ at the same rate as set forth above ar.d shall be paid on the
` first day of_ each month during the term of delinquency.
~ i i ntai o a t sa }
; Noth ng here n co ned, n r ny ~ran ction related ..here-
~ to, sha11 be construed or so operate as to require the Maker to
pay interest at a greater rate than is new lawful in such case to
` contract for, or to make any payment, or to do any act contrary to
` applicable law. Should any ir~terest or other charges paid by the ~
k Maker, or parties liable for the payment•of this Note, in connec- ~
~ tion with the loan evidenced by this Ncte, or the Mortgage sec~r- ;
~ ing the payment of this Note, or any other document delivered in
connection wi~h said loan, result in the computation or earning of
~ interest in excess of the maximum legaZ r~te of interest which is
legally-permitted under applicable law, then any and all such
excess shall be and the same is hereby waived by T-D Bank and
•holder hereof, and any and all such excess shall be automatically
credited against and in reduction of the balance due under this
~ indebtedness, and the portion of said excess which exceeds the~~
` balance due under this indebtedness shall be paid by T-D Bank to
e
the Maker and parties liable for the pay~nent of this Note.
3~1~1K',~~ F.".GE ~~O
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