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- 10-K Annual report
- 4.60 Exhibit 4.60
- 4.61 Exhibit 4.61
- 4.62 Exhibit 4.62
- 4.63 Exhibit 4.63
- 10.169 Exhibit 10.169
- 10.170 Exhibit 10.170
- 10.171 Exhibit 10.171
- 10.210 Exhibit 10.210
- 10.211 Exhibit 10.211
- 10.212 Exhibit 10.212
- 10.213 Exhibit 10.213
- 10.214 Exhibit 10.214
- 10.260 Exhibit 10.260
- 10.261 Exhibit 10.261
- 10.262 Exhibit 10.262
- 10.263 Exhibit 10.263
- 10.264 Exhibit 10.264
- 10.265 Exhibit 10.265
- 10.266 Exhibit 10.266
- 10.267 Exhibit 10.267
- 10.268 Exhibit 10.268
- 10.269 Exhibit 10.269
- 10.270 Exhibit 10.270
- 10.271 Exhibit 10.271
- 10.272 Exhibit 10.272
- 10.273 Exhibit 10.273
- 10.274 Exhibit 10.274
- 10.275 Exhibit 10.275
- 10.276 Exhibit 10.276
- 10.277 Exhibit 10.277
- 10.278 Exhibit 10.278
- 10.280 Exhibit 10.280
- 10.281 Exhibit 10.281
- 10.282 Exhibit 10.282
- 10.283 Exhibit 10.283
- 10.284 Exhibit 10.284
- 10.285 Exhibit 10.285
- 10.286 Exhibit 10.286
- 10.287 Exhibit 10.287
- 10.288 Exhibit 10.288
- 10.289 Exhibit 10.289
- 10.290 Exhibit 10.290
- 10.291 Exhibit 10.291
- 10.292 Exhibit 10.292
- 10.293 Exhibit 10.293
- 10.294 Exhibit 10.294
- 10.295 Exhibit 10.295
- 10.296 Exhibit 10.296
- 10.297 Exhibit 10.297
- 10.298 Exhibit 10.298
- 10.299 Exhibit 10.299
- 10.300 Exhibit 10.300
- 10.301 Exhibit 10.301
- 10.302 Exhibit 10.302
- 10.303 Exhibit 10.303
- 10.304 Exhibit 10.304
- 10.305 Exhibit 10.305
- 10.306 Exhibit 10.306
- 10.307 Exhibit 10.307
- 10.308 Exhibit 10.308
- 10.309 Exhibit 10.309
- 10.310 Exhibit 10.310
- 10.311 Exhibit 10.311
- 10.312 Exhibit 10.312
- 10.313 Exhibit 10.313
- 10.323 Exhibit 10.323
- 10.324 Exhibit 10.324
- 10.325 Exhibit 10.325
- 10.326 Exhibit 10.326
- 10.327 Exhibit 10.327
- 10.328 Exhibit 10.328
- 10.329 Exhibit 10.329
- 10.330 Exhibit 10.330
- 10.331 Exhibit 10.331
- 10.332 Exhibit 10.332
- 10.333 Exhibit 10.333
- 10.334 Exhibit 10.334
- 10.335 Exhibit 10.335
- 10.336 Exhibit 10.336
- 10.337 Exhibit 10.337
- 10.338 Exhibit 10.338
- 10.339 Exhibit 10.339
- 10.340 Exhibit 10.340
- 10.341 Exhibit 10.341
- 10.342 Exhibit 10.342
- 10.343 Exhibit 10.343
- 10.344 Exhibit 10.344
- 10.345 Exhibit 10.345
- 10.346 Exhibit 10.346
- 10.347 Exhibit 10.347
- 10.348 Exhibit 10.348
- 10.349 Exhibit 10.349
- 10.350 Exhibit 10.350
- 10.351 Exhibit 10.351
- 10.352 Exhibit 10.352
- 10.353 Exhibit 10.353
- 10.354 Exhibit 10.354
- 10.355 Exhibit 10.355
- 10.356 Exhibit 10.356
- 10.357 Exhibit 10.357
- 10.358 Exhibit 10.358
- 10.359 Exhibit 10.359
- 10.360 Exhibit 10.360
- 10.361 Exhibit 10.361
- 10.362 Exhibit 10.362
- 10.363 Exhibit 10.363
- 10.364 Exhibit 10.364
- 10.365 Exhibit 10.365
- 23.1 Exhibit 23.1
- 31.1 Exhibit 31.1
- 31.2 Exhibit 31.2
- 32.1 Exhibit 32.1
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Exhibit 10.311
PROMISSORY NOTE
$38,130,000.00 | Date: December 16, 2015 |
THIS PROMISSORY NOTE, (the “Note”) is made in Atlanta, Georgia as of December ___, 2015 by CB OWNER, LLC, a Delaware limited liability company (“Borrower”) for the benefit ofTHE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank (“Lender”), in the original principal amount of THIRTY EIGHT MILLION ONE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($38,130,000.00), as provided herein and as provided in that certain Construction Loan and Security Agreement (the “Loan Agreement”) dated as of even date herewith by and among Borrower, The PrivateBank and Trust Company (“Administrative Agent”) and the other financial institutions identified therein.
Borrower promises to pay to the order of Lender at the principal office of Administrative Agent in Chicago, Illinois, on or before the Maturity Date (as defined in the Loan Agreement), the lesser of (i) THIRTY EIGHT MILLION ONE HUNDRED THIRTY THOUSAND SEVEN AND NO/100 DOLLARS ($38,130,007.00), or (ii) the aggregate principal amount of all Loans made to Borrower by the Lender under and pursuant to the Loan Agreement. Capitalized words and phrases not otherwise defined herein shall have the meanings assigned thereto in the Loan Agreement.
Borrower further promises to pay interest on the unpaid principal amount of all Loans outstanding from time to time, at the rate(s) and at the time(s) set forth in the Loan Agreement. The outstanding principal amount of all Loans shall be repaid by Borrower on the Maturity Date, unless payable sooner pursuant to the provisions of the Loan Agreement. Payments of both principal and interest are to be made in lawful money of the United States of America.
This Note evidences indebtedness incurred under, and is subject to the terms and provisions of, the Loan Agreement, to which Loan Agreement reference is hereby made for a statement of the terms and provisions under which this Note may or must be paid prior to the Maturity Date, or pursuant to which the Maturity Date may be accelerated. The holder of this Note is entitled to all of the benefits and security provided for in the Loan Agreement.
Except for such notices as may be expressly required under the Loan Documents, Borrower waives presentment, demand, notice, protest, and all other demands, or notices, in connection with the delivery, acceptance, performance, default, or enforcement of this Note, and assents to any extension or postponement of the time of payment or any other indulgence. No failure to exercise, and no delay in exercising, any rights under any of the Loan Documents by Administrative Agent of any holder of this Note shall operate as a waiver of such rights.
This Note shall be governed and construed in accordance with the laws of the State of Georgia applicable to contracts made and to be performed entirely within such State.
[EXECUTION ON FOLLOWING PAGE]
IN WITNESS WHEREOF, Borrower has executed this Promissory Note as of the date set forth above.
BORROWER: | ||
CB OWNER, LLC, a Delaware limited liability company | ||
By: | /s/ Robert Meyer | |
Name: Robert Meyer | ||
Title: President |