BY BORROWER IN THE APPLICABLE LIBOR RATE ELECTION NOTICE DURING THE
APPLICABLE LIBOR RATE INTEREST PERIOD WHICH CORRESPONDS WITH SUCH LIBOR RATE SO
ELECTED.
(K)
"LIBOR RATE INTEREST PERIOD" SHALL MEAN ANY
APPLICABLE 30-DAY LIBOR RATE INTEREST PERIOD, 60-DAY LIBOR RATE INTEREST PERIOD,
OR 90-DAY LIBOR RATE INTEREST PERIOD.
(L)
"LOAN" SHALL MEAN THE LOAN FROM BANK TO
BORROWER EVIDENCED BY THIS NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED
$6,000,000.00.
(M)
"LOAN AGREEMENT" SHALL MEAN THAT CERTAIN TERM
LOAN AGREEMENT BETWEEN BORROWER AND BANK DATED AS OF JUNE 26, 1998, TOGETHER
WITH ANY AND ALL EXTENSIONS, REVISIONS, MODIFICATIONS OR AMENDMENTS AT ANY TIME
MADE THERETO.
(N)
"LOAN DOCUMENTS" SHALL MEAN THE LOAN
AGREEMENT, THIS NOTE, EACH SECURITY AGREEMENT, THE GUARANTY, EACH OF THE OTHER
"LOAN DOCUMENTS" AS DEFINED IN THE LOAN AGREEMENT, AND ANY OTHER AGREEMENTS,
INSTRUMENTS OR DOCUMENTS, NOW OR HEREAFTER EVIDENCING, SECURING OR OTHERWISE
RELATING TO THE LOAN, TOGETHER WITH ANY AND ALL EXTENSIONS, REVISIONS,
MODIFICATIONS OR AMENDMENTS HERETOFORE, SIMULTANEOUSLY HEREWITH OR HEREAFTER
MADE TO ANY OF THE FOREGOING.
(O)
"MARGIN" SHALL MEAN, AS OF EACH MARGIN
DETERMINATION DATE, THE APPLICABLE PERCENTAGE AS DETERMINED BASED ON THE PRICING
MATRIX TO BE IN EFFECT DURING THE MARGIN PERIOD COMMENCING AS OF SUCH MARGIN
DETERMINATION DATE.
(P)
"MARGIN DETERMINATION DATE" SHALL MEAN (I)
IN THE CASE OF THE INITIAL MARGIN DETERMINATION DATE, THE DATE OF THIS NOTE,
(II) IN THE CASE OF THE SECOND MARGIN DETERMINATION DATE, THE FIRST (1ST) DAY OF
OCTOBER, 2004, AND (III) IN THE CASE OF EACH SUBSEQUENT MARGIN DETERMINATION
DATE, THE FIRST (1ST) DAY OF EACH MONTH OF JANUARY, APRIL, JULY AND
OCTOBER DURING THE TERM OF THIS NOTE.
(Q)
"MARGIN PERIOD" SHALL MEAN THE PERIOD
COMMENCING AS OF EACH MARGIN DETERMINATION DATE AND ENDING AS OF THE CALENDAR
DAY IMMEDIATELY PRECEDING THE NEXT FOLLOWING MARGIN DETERMINATION DATE.
(R)
"MATURITY DATE" SHALL MEAN DECEMBER 1,
2008.
(S)
"PAYMENT DUE DATE" SHALL MEAN THE FIRST
(1ST) DAY OF EACH CALENDAR MONTH DURING THE TERM OF THIS NOTE, COMMENCING
JANUARY 1, 2004, AND THE MATURITY DATE.
(T)
"PRICING MATRIX" SHALL MEAN THE PRICING
MATRIX ATTACHED HERETO AS EXHIBIT A.
(U)
"QUARTER" SHALL MEAN ANY CONSECUTIVE THREE
(3) CALENDAR MONTH PERIOD OF TIME ENDING THE LAST DAY OF ANY MONTH OF OCTOBER,
JANUARY, APRIL AND JULY.
2
(V)
"REGULATION D" SHALL MEAN REGULATION D OF
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM FROM TIME TO TIME IN EFFECT
AND SHALL INCLUDE ANY SUCCESSOR OR OTHER REGULATION OR OFFICIAL INTERPRETATION
OF SAID BOARD OF GOVERNORS RELATING TO RESERVE REQUIREMENTS APPLICABLE TO MEMBER
BANKS OF THE FEDERAL RESERVE SYSTEM.
(W)
"RESERVE REQUIREMENT" WITH RESPECT TO A LIBOR
RATE INTEREST PERIOD SHALL MEAN THE WEIGHTED AVERAGE DURING THE LIBOR RATE
INTEREST PERIOD OF THE MAXIMUM AGGREGATE RESERVE REQUIREMENT (INCLUDING ALL
BASIC, SUPPLEMENTAL, MARGINAL AND OTHER RESERVES AND TAKING INTO ACCOUNT ANY
TRANSITIONAL ADJUSTMENTS OR OTHER SCHEDULED CHANGES IN RESERVE REQUIREMENTS
DURING THE LIBOR RATE INTEREST PERIOD) WHICH IS IMPOSED UNDER REGULATION D.
(X)
"SECURITY AGREEMENT" SHALL HAVE