EX-1.1
from 8-K
12 pages
Borrower Covenants That So Long as Any Obligation Is Owed to Lender or Lender Has Any Outstanding Commitment to Lend to Borrower, Under the Terms and Conditions of Any Promissory Note From Borrower to Lender Under the Revolving Loan(s), in the Aggregate Principal Amount of $15,000,000.00 (The “Revolving Credit Limit”) Dated April 3, 2009, a Promissory Note From Borrower to Lender Under the Term Loan #1, in the Aggregate Principal Amount of $55,000,000.00 Dated March 31, 2008, a Promissory Note From Borrower to Lender Under the Term Loan #2 (A “Subordinated Term Note”), in the Aggregate Principal Amount of $15,000,000.00 Dated March 31, 2008; or Under Any Note(s) Evidencing a Loan, (The “Note(s)”) and All Extensions, Renewals or Modifications of the Note(s), and Any Other Obligation of Borrower to Lender, Including but Not Limited to All Obligations, Indebtedness and Liabilities Arising Pursuant to or in Connection With Any Interest Rate Swap Transaction, Basis Swap, Forward Rate Transaction, Interest Rate Option, Price Risk Hedging Transaction or Any Similar Transaction Between the Borrower and Lender (Collectively, the Foregoing Obligations Are Referred to Herein as the “Obligations”): 1. Lender Shall Have Received the Following Security Documents (The “Security Documents”) in Form and Substance Satisfactory to Lender: (I) Promissory Note(s); (II) Commercial Pledge Agreement; (III) 100% of Midwest Bank and Trust Company Stock; and (IV) Irrevocable Stock or Bond Power. (Subsections (II), (III) and (IV) Above Shall Not Apply to the Term Loan #2
12/34/56
