Current Report — Form 8-K
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 8-K National Convenience Stores Inc. Form 8-K 9 44K
2: EX-99.1 Class Action Complaint - Crandon Capital Partners 10 32K
11: EX-99.10 Employment Agreement - V.H. Van Horn 28 117K
12: EX-99.11 Employment Agreement - A.J. Gallerano 25 111K
13: EX-99.12 Second Amend. Employmnt Agreemnt-Arnold Van Zanten 25 112K
14: EX-99.13 Employment Agreement - C. R. Wortham 25 110K
15: EX-99.14 Fourth Amend. Employment Agreement-Brian Fontana 25 113K
16: EX-99.15 Employment Agreement - Douglas B. Binford 25 108K
17: EX-99.16 Employment Agreement - Janice E. Bryant 5 28K
18: EX-99.17 Master Agreement for Atm Facilities 42 145K
19: EX-99.18 Order Providing for Closing Chaper 11 Cases 12 44K
20: EX-99.19 Promissory Note Dated 08/31/95 - V.H. Van Horn 3 17K
3: EX-99.2 Complaint - the Circle K Corporation 7 23K
4: EX-99.3 Complaint - the Circle K Corporation 6 22K
5: EX-99.4 Amended and Restated Ncs Officers' Retirement Plan 12 49K
6: EX-99.5 Amended and Restated Trust 15 48K
7: EX-99.6 Amended Directors' Retirement Plan 8 35K
8: EX-99.7 Amended Directors' Retirement Plan 15 48K
9: EX-99.8 Form of Twenty-Second Amendment to Profit Sharing 1 10K
10: EX-99.9 Form of Director Agreement 8 38K
EX-99.19 — Promissory Note Dated 08/31/95 – V.H. Van Horn
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EXHIBIT 99.19
$194,717.70 August 31, 1995
Houston, Texas
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned, V. H. Van Horn ("Maker"),
unconditionally promises to pay to the order of National Convenience Stores
Incorporated, a Delaware corporation ("Payee"), at 100 Waugh Drive, Houston,
Texas 77007 ("Holder"), the principal sum of One Hundred Ninety-Four Thousand
Seven Hundred Seventeen and 70/100 ($194,717.70) Dollars in legal and lawful
money of the United States of America, with interest on the unpaid balance from
the date hereof until maturity at the rate of nine percent (9%) per annum. The
principal of this Promissory Note is payable on August 31, 1996. Earned
interest then accrued and unpaid is due and payable beginning October 1, 1995,
and thereafter on the first day of each month until the principal amount of
this Promissory Note is paid in full. All earned interest then accrued and
unpaid on, and all principal of, this Promissory Note shall be due and payable
in full on August 31, 1996.
Each payment shall be credited first to the payment of accrued and
unpaid interest and the remainder on the unpaid principal. Maker reserves the
right to repay without penalty the entire principal of this Promissory Note at
any time prior to maturity by paying the entire principal balance hereof with
accrued interest to the date of prepayment.
Should default be made in payment of any installment of interest or
the payment of principal as the same becomes due and payable, the entire
indebtedness evidenced hereby shall become immediately due and payable at the
option of the Holder of this Promissory Note. Failure to exercise said option
shall not constitute a waiver on the part of Holder to exercise the same at any
other time. If default is made in the payment of this Promissory Note and it
is placed in the hands of an attorney for collection, or collected through
probate or bankruptcy proceedings, or if suit is brought on this Promissory
Note, Maker agrees to pay all reasonable out-of-pocket expenses incurred by
Holder in connection therewith, including at least ten (10%) percent of
interest and principal then owing as reasonable attorney's fees, all of which
shall become part of the principal hereof.
All past due principal and interest on this Promissory Note shall bear
interest at the rate per annum on a year of 365 or 366 days, as the case may
be, which shall be equal to the maximum rate permitted by applicable law.
No provisions of this Promissory Note shall require the payment or
permit the collection of interest in excess of the maximum permitted by
applicable law.
Maker and any and all endorsers, guarantors and sureties severally
waive grace, demand, presentment for payment, notice of dishonor or default,
notice of intention to accelerate, protest and notice of protest and diligence
in collecting and bringing of suit
PAGE 1 OF 3 PAGES
against any party hereto, and agree to all renewals, extensions or partial
payments hereon and to any release or substitution of security heretofore in
whole or in part, with or without notice, before or after maturity.
This Promissory Note is in renewal, replacement and rearrangement of
(i) that certain Promissory Note dated April 20, 1994, in the original stated
principal amount of $225,000.00 executed by Maker and payable to the order of
Payee, as amended by that certain Amendment to Promissory Note dated May 2,
1994 (such Promissory Note, as amended, being referred to herein as the
$225,000 Note"), and (ii) that certain Promissory Note dated May 2, 1994, in
the original stated principal amount of $75,000.00 executed by Maker and
payable to the order of Payee (such Promissory Note being referred to herein as
the "$75,000 Note" and the $225,000 Note and the $75,000 Note being
collectively referred to herein as the "Prior Notes"). Payee acknowledges and
states that all amounts of principal and interest, and all other amounts, due
and owing under the Prior Notes are now evidenced by the principal amount of
this Promissory Note and that the Prior Notes have been paid and cancelled.
Executed effective the 31st day of August, 1995.
/s/ V. H. VAN HORN
________________________________________
V. H. Van Horn
"MAKER"
NATIONAL CONVENIENCE STORES
INCORPORATED
By: /s/ A. J. GALLERANO
____________________________________
A. J. Gallerano
Senior Vice President -
General Counsel and Secretary
"PAYEE"
PAGE 2 OF 3 PAGES
THE STATE OF TEXAS )
)
COUNTY OF HARRIS )
BEFORE ME, the undersigned, a Notary Public, on this day personally
appeared V. H. Van Horn, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ___ day of
_________________, 1995.
(SEAL)
________________________________________
Notary Public in and for
the State of Texas
My commission expires _________________
THE STATE OF TEXAS )
)
COUNTY OF HARRIS )
BEFORE ME, the undersigned authority, a Notary Public, on this day
personally appeared A. J. Gallerano, Senior Vice President - General Counsel
and Secretary of National Convenience Stores Incorporated, a Delaware
corporation, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity therein set
forth, and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ___ day of
_________________, 1995.
(SEAL)
________________________________________
Notary Public in and for
the State of Texas
My commission expires _________________
PAGE 3 OF 3 PAGES
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
|---|
| This ‘8-K’ Filing | | Date | | First | | Last | | | Other Filings |
|---|
| |  |
| | 8/31/96 | | 1 |
| | 10/1/95 | | 1 |
| | 9/18/95 | | | | | | | 10-K/A |
| Filed on: | | 9/15/95 |
| | 8/31/95 | | 1 | | | | | 8-K |
| For Period End: | | 8/18/95 |
| | 5/2/94 | | 2 |
| | 4/20/94 | | 2 |
| List all Filings |
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