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As Of Filer Filing For·On·As Docs:Size Issuer Agent 11/07/06 Home Solutions of America Inc 8-K:1,9 11/01/06 12:498K E-Services LLC/FA |
Document/Exhibit Description Pages Size 1: 8-K Current Report HTML 35K 2: EX-10.1 Material Contract HTML 261K 11: EX-10.10 Material Contract HTML 86K 12: EX-10.11 Material Contract HTML 53K 3: EX-10.2 Material Contract HTML 11K 4: EX-10.3 Material Contract HTML 11K 5: EX-10.4 Material Contract HTML 11K 6: EX-10.5 Material Contract HTML 11K 7: EX-10.6 Material Contract HTML 10K 8: EX-10.7 Material Contract HTML 10K 9: EX-10.8 Material Contract HTML 11K 10: EX-10.9 Material Contract HTML 10K
| Exhibit 10.2 |
PROMISSORY NOTE
REVOLVING CREDIT COMMITMENT
FOR VALUE RECEIVED, HOME SOLUTIONS OF AMERICA, INC., a Delaware corporation (the "Borrower"), hereby promises to pay to the order of TEXAS CAPITAL BANK, NATIONAL ASSOCIATION (the "Lender") at the Principal Office of Texas Capital Bank, National Association, as administrative agent (the "Administrative Agent") at 2100 McKinney Avenue, Suite 900, Dallas, Texas 75201, the principal sum of TWENTY-TWO MILLION, FIVE HUNDRED THOUSAND No/100 Dollars ($22,500,000.00), or so much thereof as may be advanced and outstanding hereunder, in lawful money of the United States of America and in immediately available funds, on the dates and in the principal amounts provided in the Credit Agreement (defined below), and to pay interest, at such office, in like money and funds, at the rates per annum and on the dates provided in the Credit Agreement. Each payment made on account of the principal and interest hereof shall be recorded by the Lender on its books.
This Promissory Note (this "Note") is one of the promissory notes referred to in that certain Credit Agreement dated as of November 1, 2006 among the Borrower, the Lenders which are or become parties thereto (including the Lender) and the Administrative Agent, and evidences the Revolving Credit Commitment made by the Lender thereunder (as the same may be amended, restated, modified or otherwise supplemented from time to time, the "Credit Agreement"). Capitalized terms used in this Note have the respective meanings assigned to them in the Credit Agreement.
This Note is issued pursuant to the Credit Agreement and is entitled to the benefits provided for in the Credit Agreement and the other Loan Documents. The Credit Agreement provides for the acceleration of the maturity of this Note upon the occurrence of certain events, for prepayments of the Loans upon the terms and conditions specified therein and that, as more fully set forth in the Credit Agreement, the aggregate of all interest contracted for, charged or received under or otherwise in connection herewith shall under no circumstances exceed the Maximum Rate permitted by applicable law, and other provisions relevant to this Note.
This Note and the other Loan Documents embody the entire agreement and understanding between the parties and supersede all other agreements and understandings between such parties relating to the subject matter hereof and thereof. This Note and the other Loan Documents represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.
This Note and the other Loan Documents shall be construed in accordance with and governed by the laws of the state of Texas. The Borrower and the Administrative Agent agree that the state and federal courts of Texas shall have jurisdiction over proceedings in connection with this Note and the other Loan Documents.
IN WITNESS WHEREOF, the party hereto has caused this Note to be duly executed the date as first written herein.
| This ‘8-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
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| Filed on: | 11/7/06 | |||
| For Period End: | 11/1/06 | 8-K | ||
| List all Filings | ||||